Common use of Remedies of the Issuer Clause in Contracts

Remedies of the Issuer. Notwithstanding any contrary provision in this Agreement, the Issuer shall have the right to take any action not prohibited by law or make any decision not prohibited by law with respect to proceedings for indemnity against the liability of the Issuer and its officers, directors, employees and agents and for collection or reimbursement of moneys due to it under this Agreement for its own account. The Issuer may enforce its rights under this Agreement which have not been assigned to the Trustee by legal proceedings for the specific performance of any obligation contained herein or for the enforcement of any other legal or equitable remedy, and may recover damages caused by any breach by the Borrower of its obligations to the Issuer under this Agreement, including any amounts required to be paid by the Borrower pursuant to Subsection 308(b), court costs, reasonable attorney's fees and other costs and expenses incurred in enforcing such obligations.

Appears in 1 contract

Samples: Loan and Trust Agreement (Datum Inc)

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Remedies of the Issuer. Notwithstanding any contrary provision in this AgreementAgreement or the Indenture, the Issuer shall have the right to take any action not prohibited by law or make any decision not prohibited by law with respect to proceedings for indemnity against the liability of the Issuer and its officers, directors, employees and agents and for collection or reimbursement of from sources other than moneys due to it or property held under this Agreement for its own accountand the Indenture. The Issuer may enforce its rights under this Agreement and the Indenture which have not been assigned to the Trustee by legal proceedings for the specific performance of any obligation contained herein or therein or for the enforcement of any other appropriate legal or equitable remedy, and may recover damages caused by any breach by the Borrower Company of its obligations to the Issuer under this Agreement, including any amounts required to be paid by the Borrower pursuant to Subsection 308(b), court costs, reasonable attorney's fees and other costs and expenses incurred in enforcing such obligations.

Appears in 1 contract

Samples: Loan Agreement (Renegy Holdings, Inc.)

Remedies of the Issuer. Notwithstanding any contrary provision in this Agreement, the Issuer shall have the right to take any action not prohibited by law or make any decision not prohibited by law with respect to proceedings for indemnity against the liability of the Issuer and its officers, directors, employees and agents and for collection or reimbursement of moneys due to it the Issuer under this Agreement for its own account. The Issuer may enforce its rights under this Agreement which have not been assigned to the Trustee by legal proceedings for the specific performance of any obligation contained herein or for the enforcement of any other legal or equitable remedy, and may recover damages caused by any breach by the Borrower of its obligations to the Issuer under this Agreement, including any amounts required to be paid by the Borrower pursuant to Subsection 308(b)this Agreement hereof, court costs, reasonable attorney's attorneys' fees and other costs and expenses incurred in enforcing such obligations.

Appears in 1 contract

Samples: Loan Agreement (M Wave Inc)

Remedies of the Issuer. Notwithstanding any contrary provision in this Agreement, the Issuer shall have the right to take any action not prohibited by law or make any decision not prohibited by law with respect to proceedings for indemnity against the liability of the Issuer and its officers, directors, employees and agents and for collection or reimbursement of moneys due to it the Issuer under this Agreement for its own account. The Issuer may enforce its rights under this Agreement which have not been assigned to the Trustee by legal proceedings for the specific performance of any obligation contained herein or for the enforcement of any other legal or equitable remedy, and may recover damages caused by any breach by the Borrower of its obligations to the Issuer under this Agreement, including any amounts required to be paid by the Borrower pursuant to Subsection 308(b)this Agreement hereof, court costs, reasonable attorney's attorneys’ fees and other costs and expenses incurred in enforcing such obligations.

Appears in 1 contract

Samples: Loan Agreement (Trex Co Inc)

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Remedies of the Issuer. Notwithstanding any contrary provision in this Agreement, the Issuer shall have the right to take any action not prohibited by law or make any decision not prohibited by law with respect to proceedings for indemnity against the liability of the Issuer and its officers, directors, employees and agents and for collection or reimbursement of from sources other than moneys due to it or property held under this Agreement for its own accountor subject to the lien hereof. The Issuer may enforce its rights under this Agreement which and the Series VV First Mortgage Bonds that have not been assigned to the Trustee by legal proceedings for the specific performance of any obligation contained herein or for the enforcement of any other appropriate legal or equitable remedy, and may recover damages caused by any breach by the Borrower of its obligations to the Issuer under this AgreementAgreement or the Series VV First Mortgage Bonds, including any amounts required to be paid by the Borrower pursuant to Subsection 308(b), court costs, reasonable attorney's attorneys’ fees and other costs and expenses incurred in enforcing such obligations.

Appears in 1 contract

Samples: Loan and Trust Agreement (Central Vermont Public Service Corp)

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