Common use of Buyer’s Rights and Remedies Clause in Contracts

Buyer’s Rights and Remedies. If at any time an Event of Default with respect to Seller has occurred and is continuing, then, unless the Seller has paid in full all of its obligations that are then due, including those under Section 7.2(c) of this Agreement (“Obligations”), the Buyer may exercise one or more of the following rights and remedies: (i) all rights and remedies available to a Secured Party under applicable law with respect to posted Eligible Collateral held by the Buyer, (ii) the right to set-off any amounts payable by the Seller with respect to any Obligations against any posted Eligible Collateral or the Cash equivalent of any posted Eligible Collateral held by the Buyer, or (iii) the right to liquidate any posted Eligible Collateral held by the Buyer and to apply the proceeds of such liquidation of the posted Eligible Collateral to any amounts payable to the Buyer with respect to the Obligations in such order as the Buyer may elect. For purposes of this Paragraph 6, the Buyer may draw on the entire undrawn portion of any Letter of Credit. Cash proceeds that are not applied to the Obligations shall be maintained in accordance with the terms of this CSA. The Seller shall remain liable for amounts due and owing to the Secured Party that remain unpaid after the application, pursuant to this Paragraph 6, of Eligible Collateral to the Obligations.

Buyer’s Rights and Remedies. If at any time an Event of Default with respect to Seller has occurred and is continuing, then, unless the Seller has paid in full all of its obligations Obligations that are then due, including those under Section 7.2(c8.3(b) of this Agreement (“Obligations”)Agreement, the Buyer may exercise one or more of the following rights and remedies: , in addition to any rights and remedies under Section 8.3: (i) all rights and remedies available to a Secured Party secured party under applicable law Law with respect to posted Eligible Posted Collateral held by the Buyer, (ii) the right to set-off any amounts payable by the Seller with respect to any Obligations against any posted Eligible Posted Collateral or the Cash cash equivalent of any posted Eligible Posted Collateral held by the Buyer, or (iii) the right to liquidate any posted Eligible Posted Collateral held by the Buyer and to apply the proceeds of such liquidation of the posted Eligible Posted Collateral to any amounts payable to the Buyer with respect to the Obligations in such order as the Buyer may elect. For purposes of this Paragraph 6, the Buyer may draw on the entire undrawn portion of any Letter of Credit. Cash proceeds that are not applied to the Obligations shall be maintained in accordance with the terms of this CSA. The Seller shall remain liable for amounts due and owing to the Secured Party Buyer that remain unpaid after the applicationapplication of Posted Collateral, pursuant to this Paragraph 6, of Eligible Collateral to the ObligationsSection 6.3.

Buyer’s Rights and Remedies. If at any time an Event of Default with respect to Seller has occurred and is continuing, then, unless the Seller has paid in full all of its obligations Obligations that are then due, including those under Section 7.2(c9.3(b) of this Agreement (“Obligations”)Agreement, the Buyer may exercise one or more of the following rights and remedies: (i) all rights and remedies available to a Secured Party secured party under applicable law Law with respect to posted Eligible Posted Collateral held by the Buyer, (ii) the right to set-off any amounts payable by the Seller with respect to any Obligations against any posted Eligible Posted Collateral or the Cash cash equivalent of any posted Eligible Posted Collateral held by the Buyer, or (iii) the right to liquidate any posted Eligible Posted Collateral held by the Buyer and to apply the proceeds of such liquidation of the posted Eligible Posted Collateral to any amounts payable to the Buyer with respect to the Obligations in such order as the Buyer may elect. For purposes of this Paragraph 6Section 6.5, the Buyer may draw on the entire undrawn portion of any Letter of CreditCredit from time to time up to the amount of the Obligations that are due at the time of such drawing. Cash proceeds that are not applied to the Obligations shall be maintained in accordance with the terms of this CSAArticle 6. The Seller shall remain liable for amounts due and owing to the Secured Party Buyer that remain unpaid after the applicationapplication of Posted Collateral, pursuant to this Paragraph 6, of Eligible Collateral to the ObligationsSection 6.5.

Buyer’s Rights and Remedies. If at any time an Event of Default with respect to Seller has occurred and is continuing, then, unless the Seller has paid in full all of its obligations that are then due, including those under Section 7.2(c) of this Agreement (“Obligations”), the Buyer may exercise one or more of the following rights and remedies: (i) all rights and remedies available to a Secured Party under applicable law with respect to posted Eligible Xxxxxxxx Collateral held by the Buyer, (ii) the right to set-off any amounts payable by the Seller with respect to any Obligations against any posted Eligible Collateral or the Cash equivalent of any posted Eligible Collateral held by the Buyer, or (iii) the right to liquidate any posted Eligible Collateral held by the Buyer and to apply the proceeds of such liquidation of the posted Eligible Collateral to any amounts payable to the Buyer with respect to the Obligations in such order as the Buyer may elect. For purposes of this Paragraph 6, the Buyer may draw on the entire undrawn portion of any Letter of Credit. Cash proceeds that are not applied to the Obligations shall be maintained in accordance with the terms of this CSA. The Seller shall remain liable for amounts due and owing to the Secured Party that remain unpaid after the application, pursuant to this Paragraph 6, of Eligible Collateral to the Obligations.

Buyer’s Rights and Remedies. If at any time an Event of Default with respect to Seller has occurred and is continuing, then, unless the Seller has paid in full all of its obligations Obligations that are then due, including those under Section 7.2(c9.3(b) of this Agreement (“Obligations”)Agreement, the and paragraph 2.c.ii of Appendix X to Exhibit E to this Agreement. Buyer may exercise one or more of the following rights and remedies: (i) all rights and remedies available to a Secured Party secured party under applicable law Law with respect to posted Eligible Posted Collateral held by the Buyer, (ii) the right to set-set- off any amounts payable by the Seller with respect to any Obligations against any posted Eligible Posted Collateral or the Cash cash equivalent of any posted Eligible Posted Collateral held by the Buyer, or (iii) the right to liquidate any posted Eligible Posted Collateral held by the Buyer and to apply the proceeds of such liquidation of the posted Eligible Posted Collateral to any amounts payable to the Buyer with respect to the Obligations in such order as the Buyer may elect. For purposes of this Paragraph 6Section 6.5, the Buyer may draw on the entire undrawn portion of any Letter of Credit. Cash proceeds that are not applied to the Obligations shall be maintained in accordance with the terms of this CSAArticle 6. The Seller shall remain liable for amounts due and owing to the Secured Party Buyer that remain unpaid after the applicationapplication of Posted Collateral, pursuant to this Paragraph 6, of Eligible Collateral to the ObligationsSection 6.5.

Buyer’s Rights and Remedies. If at any time an Event of Default with respect to Seller has occurred and is continuing, then, unless the Seller has paid in full all of its obligations Obligations that are then due, including those under Section 7.2(c8.3(b) of this Agreement (“Obligations”)Agreement, the Buyer may exercise one or more of the following rights and remedies: (i) all rights and remedies available to a Secured Party secured party under applicable law Law with respect to posted Eligible Posted Collateral held by the Buyer, (ii) the right to set-off any amounts payable by the Seller with respect to any Obligations against any posted Eligible Posted Collateral or the Cash cash equivalent of any posted Eligible Posted Collateral held by the Buyer, or (iii) the right to liquidate any posted Eligible Posted Collateral held by the Buyer and to apply the proceeds of such liquidation of the posted Eligible Posted Collateral to any amounts payable to the Buyer with respect to the Obligations in such order as the Buyer may elect. For purposes of this Paragraph 6, the Buyer may draw on the entire undrawn portion of any Letter of Credit. Cash proceeds that are not applied to the Obligations shall be maintained in accordance with the terms of this CSA. The Seller shall remain liable for amounts due and owing to the Secured Party Buyer that remain unpaid after the applicationapplication of Posted Collateral, pursuant to this Paragraph 6, of Eligible Collateral to the ObligationsSection 6.3.

Buyer’s Rights and Remedies. If at any time an Event of Default with respect to Seller has occurred and is continuing, then, unless the Seller has paid in full all of its obligations Obligations that are then due, including those under Section 7.2(c9.3(b) of this Agreement (“Obligations”)Agreement, the Buyer may exercise one or more of the following rights and remedies: (i) all rights and remedies available to a Secured Party secured party under applicable law Law with respect to posted Eligible Posted Collateral held by the Buyer, (ii) the right to set-off any amounts payable by the Seller with respect to any Obligations against any posted Eligible Posted Collateral or the Cash cash equivalent of any posted Eligible Posted Collateral held by the Buyer, or (iii) the right to liquidate any posted Eligible Posted Collateral held by the Buyer and to apply the proceeds of such liquidation of the posted Eligible Posted Collateral to any amounts payable to the Buyer with respect to the Obligations in such order as the Buyer may elect. For purposes of this Paragraph 6Section 6.5, the Buyer may draw on the entire undrawn portion of any Letter of Credit. Cash proceeds that are not applied to the Obligations shall be maintained in accordance with the terms of this CSAArticle 6. The Seller shall remain liable for amounts due and owing to the Secured Party Buyer that remain unpaid after the applicationapplication of Posted Collateral, pursuant to this Paragraph 6, of Eligible Collateral to the ObligationsSection 6.5.

Buyer’s Rights and Remedies. If at any time an Event of Default with respect to Seller has occurred and is continuing, then, unless the Seller has paid in full all of its obligations Obligations that are then due, including those under Section 7.2(c8.3(b) of this Agreement (“Obligations”)Agreement, the Buyer may exercise one or more of the following rights and remedies, in addition to any rights and remedies under Section 8.3: (i) all rights and remedies available to a Secured Party secured party under applicable law Law with respect to posted Eligible Posted Collateral held by the Buyer, (ii) the right to set-off any amounts payable by the Seller with respect to any Obligations against any posted Eligible Posted Collateral or the Cash cash equivalent of any posted Eligible Posted Collateral held by the Buyer, or (iii) the right to liquidate any posted Eligible Posted Collateral held by the Buyer and to apply the proceeds of such liquidation of the posted Eligible Posted Collateral to any amounts payable to the Buyer with respect to the Obligations in such order as the Buyer may elect. For purposes of this Paragraph 6, the Buyer may draw on the entire undrawn portion of any Letter of Credit. Cash proceeds that are not applied to the Obligations shall be maintained in accordance with the terms of this CSA. The Seller shall remain liable for amounts due and owing to the Secured Party Buyer that remain unpaid after the applicationapplication of Posted Collateral, pursuant to this Paragraph 6, of Eligible Collateral to the ObligationsSection 6.1.

Buyer’s Rights and Remedies. If at any time an Event of Default with respect to Seller has occurred and is continuing, then, unless the Seller has paid in full all of its obligations Obligations that are then due, including those under Section 7.2(c8.3(b) of this Agreement (“Obligations”)Agreement, the Buyer may exercise one or more of the following rights and remedies, in addition to any rights and remedies under Section 8.3: (i) all rights and remedies available to a Secured Party secured party under applicable law Law with respect to posted Eligible Posted Collateral held by the Buyer, (ii) the right to set-off any amounts payable by the Seller with respect to any Obligations against any posted Eligible Posted Collateral or the Cash cash equivalent of any posted Eligible Posted Collateral held by the Buyer, or (iii) the right to liquidate any posted Eligible Posted Collateral held by the Buyer and to apply the proceeds of such liquidation of the posted Eligible Posted Collateral to any amounts payable to the Buyer with respect to the Obligations in such order as the Buyer may elect. For purposes of this Paragraph 6, the Buyer may draw on the entire undrawn portion of any Letter of Credit. Cash proceeds that are not applied to the Obligations shall be maintained in accordance with the terms of this CSA. The Seller shall remain liable for amounts due and owing to the Secured Party Buyer that remain unpaid after the applicationapplication of Posted Collateral, pursuant to this Paragraph 6, of Eligible Collateral to the ObligationsSection 6.3.6.1.