REFUND BY SELLER Sample Clauses

REFUND BY SELLER. Thereupon the Seller shall promptly refund to the Buyer the full amount of all sums paid by the Buyer to the Seller on account of the Vessel, unless the Seller proceeds to the arbitration under the provisions of Article XIV hereof. In such event, the Seller shall pay to the Buyers interest at the rate of two point five percent (2.5%) per annum on the amount required to be refunded to the Buyer, computed from the respective dates on which such sums were paid by the Buyer to the Seller to the date of remittance by the Seller.
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REFUND BY SELLER. Thereupon the SELLER shall promptly refund and in no event later than five (5) BUSINESS DAYS from the RECISSION DATE to the BUYER the full amount of all sums paid by the BUYER to the SELLER on account of the VESSEL, unless the SELLER proceeds to the arbitration under the provisions of Article XIII hereof. In such event, the SELLER shall pay the BUYER interest at the rate of LIBOR (“LIBOR” as referred to under this CONTRACT means the offered rate of leading banks for London inter-bank for one (1) month US Dollar as applicable deposit which will be displayed on the Telerate Page 3750 of Telerate Monitor as of 11:00 a.m. (London Time) on each corresponding date) at the time of the payments for the respective Installments by the BUYER to the SELLER, plus percent (2%) per annum (hereinafter called the “INTEREST”) on the amount required herein to be refunded to the BUYER, computed from the respective dates on which such sums were paid by the BUYER to the SELLER to the date of remittance by telegraphic transfer of such refund to the BUYER by the SELLER.
Sample 1
REFUND BY SELLER. Notwithstanding any provision contained herein, if Seller fails to comply with the provisions of Subsection 1.3 above (other than minor and temporary cessation in the furnishing of voice mail services to the Accounts by Seller), Seller shall refund all payments of cash and stock made to Seller by Multi-Link and/or Buyer pursuant to Subsection 1.6 above; provided, however, that Seller shall be entitled to retain $22.00 in cash for each customer of Seller that has agreed to transfer such customer's Account to Buyer's platform and whose Account is transferred to Buyer's platform.
Sample 1
REFUND BY SELLER. Thereupon the SELLER shall promptly refund to the BUYER the full amount of all sums paid by the BUYER to the SELLER on account of the VESSEL, together with interest, if any, thereon as herein provided, unless the SELLER proceeds to arbitration under the provision of article XIII. In such event, the SELLER shall pay the BUYER interest at the rate of seven percent (7%) per annum on the amount required herein to be refunded to the BUYER, computed from the respective dates on which such sums were paid by the BUYER to the SELLER to the date of remittance by transfer of such refund to the BUYER by the SELLER, provided, however, that if the said rescission by the BUYER is made under the provisions of Paragraph 5 of Article IX hereof, and/or due to the actual or constructive total loss of the VESSEL then in such event the SELLER shall not be required to pay any interest.
Sample 1

Related to REFUND BY SELLER

  • Indemnity by Seller Subject to the limitations in this Article X, Seller shall indemnify and hold harmless Buyer and its current and former directors, officers, employees, agents, representatives, Affiliates, successors and assigns (collectively, the “Buyer Indemnified Parties”), from and against any and all losses, liabilities, damages, demands, claims, suits, actions, judgments or causes of action, assessments, reasonable costs and reasonable expenses (whether or not involving a third party claim), including, without limitation, reasonable attorneys’ fees, any and all reasonable expenses incurred in investigating, preparing or defending against any actions and/or suits (commenced or threatened), demands, assessments, judgments, or any claim whatsoever, and any and all amounts paid in settlement of any of the aforementioned (collectively, the “Buyer’s Damages”), asserted against, resulting to, imposed upon, or incurred or suffered by any Buyer Indemnified Party, directly or indirectly, as a result of, in respect of, connected with, or arising from: (a) any inaccuracy in any representation or warranty of Seller contained in this Agreement; (b) any breach of any covenant or agreement by Seller contained in this Agreement or any Ancillary Agreement; (c) any noncompliance with any bulk sales or fraudulent transfer laws in respect of the transactions contemplated herein; (d) any Employee claim described in Section 9.03 or any Seller Non-Transaction Related WARN Act Liabilities indemnified by Seller pursuant to Section 9.04(a); (e) any Excluded Liabilities; (f) any Taxes payable by Seller pursuant to Section 8.03(b); or (g) the operation of Purchased Business prior to the Closing, except to the extent of an Assumed Liability.

  • Indemnity by Purchaser The Purchaser understands and acknowledges that the Company, its officers, directors, attorneys and agents are relying upon the representations, warranties and agreements made by the Purchaser to and with the Company herein and, thus hereby agrees to indemnify the Company, its officers and directors, agents, attorneys, and employees, and agrees to hold each of them harmless against any and all loss, damage, liability or exposure, including reasonable attorneys fee, that it or any of them may suffer, sustain, or incur by reason of or in connection with any misrepresentation or breach of warranty or agreement made by the Purchaser under this Agreement, or in connection with the sale or distribution by the Purchaser of the Shares in violation of the Act or any other applicable law.

  • Deliveries by Seller at Closing At the Closing, Seller shall deliver or cause to be delivered to Buyer the following:

  • Indemnity by Buyer Buyer hereby agrees to indemnify and hold harmless Sellers and the Company, any and all of their respective officers, directors, managers, members, agents and other Affiliates (the “Seller Parties”) from and against any Losses which may be made or brought against the Seller Parties or which the Seller Parties may suffer or incur as a result of, in respect of or arising out of:

  • Deliveries by Sellers At the Closing, Sellers shall deliver to Purchaser:

  • Deliveries by Seller At the Closing, Seller shall deliver, or cause to be delivered, to Buyer the following:

  • Deliveries by Buyer at Closing At the Closing, Buyer shall deliver to Seller:

  • Indemnity by the Buyer The Buyer shall indemnify the Seller and its subsidiaries other than any Buyer Indemnitees and each of their respective officers, directors, employees, agents and representatives (the “Seller Indemnitees”) against and hold them harmless from, any Losses, suffered or incurred by such Seller Indemnitee by reason of, arising out of or otherwise in respect of any inaccuracy in, or breach of, any representation or warranty (without giving effect to any supplement to the schedules occurring after the date hereof or qualifications as to materiality or dollar amount or other similar qualifications), or a failure to perform or observe any covenant, agreement or obligation of, the Buyer in or under this Agreement or in or under any document, instrument or agreement delivered pursuant to this Agreement by the Buyer.

  • Indemnity by the Purchaser The Purchaser shall indemnify the Vendor’s Indemnified Parties and save them fully harmless against, and will reimburse them for, any Damages arising from, in connection with or related in any manner whatsoever to:

  • Delivery by Seller At or before the Closing, Seller shall deliver to Buyer the following:

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