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

Seller’s Rights and Remedies. If at any time an Early Termination Date has been designated with respect to Buyer, then unless Xxxxx has paid in full all of its obligations that are then due under Section 6(c) of this Confirmation Agreement: (i) Seller may exercise all rights and remedies available to Seller under applicable law with respect to Performance Assurance held by Xxxxx; (ii) Buyer will be obligated immediately to transfer all Performance Assurance and any interest to Seller; and (iii) to the extent that Performance Assurance is not so transferred pursuant to (ii) above, Seller may: (A) Set-off any amounts payable by Seller with respect to any obligations against any Performance Assurance held by Xxxxx (or any obligation of Buyer to transfer that Performance Assurance); and (B) to the extent that Seller does not set-off under (iv)(A) above, withhold payment of any remaining amounts payable by Seller with respect to any obligations, up to the value of any remaining Performance Assurance held by Buyer, until that Performance Assurance is transferred to Seller.

Seller’s Rights and Remedies. If at any time an Early Termination Date has been designated with respect to Buyer, then unless Xxxxx Buyer has paid in full all of its obligations that are then due under Section 6(c) of this Confirmation Agreement: (i) Seller may exercise all rights and remedies available to Seller under applicable law with respect to Performance Assurance held by XxxxxBuyer; (ii) Buyer will be obligated immediately to transfer all Performance Assurance and any interest to Seller; and (iii) to the extent that Performance Assurance is not so transferred pursuant to (ii) above, Seller may: (A) Set-off any amounts payable by Seller with respect to any obligations against any Performance Assurance held by Xxxxx Buyer (or any obligation of Buyer to transfer that Performance Assurance); and (B) to the extent that Seller does not set-off under (iv)(A) above, withhold payment of any remaining amounts payable by Seller with respect to any obligations, up to the value of any remaining Performance Assurance held by Buyer, until that Performance Assurance is transferred to Seller.

Seller’s Rights and Remedies. If at any time an Early Termination Date has been designated with respect to Buyer, then unless Xxxxx Buyer has paid in full all of its obligations that are then due under Section 6(c) of this Confirmation Agreement: (i) Seller may exercise all rights and remedies available to Seller under applicable law with respect to Performance Assurance held by XxxxxBuyer; (ii) Buyer will be obligated immediately to transfer all Performance Assurance and any interest to Seller; and (iii) to the extent that Performance Assurance is not so transferred pursuant to (ii) above, Seller may: (A) Set-off any amounts payable by Seller with respect to any obligations against any Performance Assurance held by Xxxxx Buyer (or any obligation of Buyer to transfer that Performance Assurance); and (B) to the extent that Seller does not set-off under (iv)(A) above, withhold payment of any remaining amounts payable by Seller with respect to any obligations, up to the value of any remaining Performance Assurance held by Buyer, until that Performance Assurance is transferred to Seller.

Seller’s Rights and Remedies. If at any time an Early Termination Date has been designated with respect to Buyer, then unless Xxxxx (except in the case of an Early Termination Date relating to less than all Contract Quantities whereunless Buyer has paid in full all of its obligations that are then due under Section 6(c) of this Confirmation Agreement:): (i) Seller may exercise all rights and remedies available to Seller under applicable law with respect to Performance Assurance held by XxxxxBuyer; (ii) Buyer will be obligated immediately to transfer all Performance Assurance and any interest to Seller; and (iii) to the extent that Performance Assurance is not so transferred pursuant to (ii) above, Seller may: (A) Set-off any amounts payable by Seller with respect to any obligations against any Performance Assurance held by Xxxxx Buyer (or any obligation of Buyer to transfer that Performance Assurance); and (B) to the extent that Seller does not set-off under (iv)(A) above, withhold payment of any remaining amounts payable by Seller with respect to any obligations, up to the value of any remaining Performance Assurance held by Buyer, until that Performance Assurance is transferred to Seller.

Seller’s Rights and Remedies. If at any time an Early Termination Date has been designated with respect to Buyer, then unless Xxxxx (except in the case of an Early Termination Date relating to less than all Transactions where Buyer has paid in full all of its obligations that are then due under Section 6(c) of this Confirmation Agreement:): (i) Seller may exercise all rights and remedies available to Seller under applicable law with respect to Performance Assurance held by XxxxxBuyer; (ii) Buyer will be obligated immediately to transfer all Performance Assurance and any interest to Seller; and (iii) to the extent that Performance Assurance is not so transferred pursuant to (ii) above, Seller may: (A) Set-off any amounts payable by Seller with respect to any obligations against any Performance Assurance held by Xxxxx Buyer (or any obligation of Buyer to transfer that Performance Assurance); and (B) to the extent that Seller does not set-off under (iv)(A) above, withhold payment of any remaining amounts payable by Seller with respect to any obligations, up to the value of any remaining Performance Assurance held by Buyer, until that Performance Assurance is transferred to Seller.

Seller’s Rights and Remedies. If at any time an Early Termination Date has been designated with respect to Buyer, then unless Xxxxx Buyer has paid in full all of its obligations that are then due under Section 6(c) of this Confirmation Agreement: (i) Seller may exercise all rights and remedies available to Seller under applicable law with respect to Performance Assurance held by Xxxxx; (ii) Buyer will be obligated immediately to transfer all Performance Assurance and any interest to Seller; and (iii) to the extent that Performance Assurance is not so transferred pursuant to (ii) above, Seller may: (A) Set-off any amounts payable by Seller with respect to any obligations against any Performance Assurance held by Xxxxx (or any obligation of Buyer to transfer that Performance Assurance); and (B) to the extent that Seller does not set-off under (iv)(A) above, withhold payment of any remaining amounts payable by Seller with respect to any obligations, up to the value of any remaining Performance Assurance held by Buyer, until that Performance Assurance is transferred to Seller.