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

Seller’s Rights and Remedies. If at any time a termination date has occurred or been designated as the result of an Event of Default with respect to Buyer, then unless the Buyer has paid in full all of its obligations that are then due, including those under Section 7.2(c) of this Agreement: (i) the Seller may exercise all rights and remedies available to a Seller under applicable law with respect to the posted Eligible Collateral, (ii) the Buyer will be obligated immediately to return all posted Eligible Collateral and accrued Interest to the Seller, or (iii) to the extent that posted Eligible Collateral or accrued Interest are not returned pursuant to (ii) above, the Seller may set-off any amounts payable by the Seller with respect to any Obligations against any posted Eligible Collateral or the cash equivalent thereof or to the extent that Seller does not set off such amounts, withhold payment of any remaining amounts payable by the Seller with respect to any Obligations, up to the value of the remain posted Eligible Collateral held by the Buyer, until that posted Eligible Collateral is Transferred to the Seller. For avoidance of doubt, (i) the Buyer will be obligated immediately to Transfer any Letter of Credit to the Seller and (ii) the Seller may do any one or more of the following: (x) to the extent that the Letter of Credit is not Transferred to the Seller as required pursuant to (i) above, set-off any amounts payable by the Seller with respect to any Obligations against any such Letter of Credit held by the Buyer and, to the extent its rights to set-off are not exercised, withhold payment of any remaining amounts payable by the Seller with respect to any Obligations, up to the value of any remaining posted Eligible Collateral and the value of any Letter of Credit held by the Buyer, until any such Posted Eligible Collateral and such Letter of Credit is Transferred to the Seller; and (y) exercise rights and remedies available to the Seller under the terms of the Letter of Credit.

Seller’s Rights and Remedies. If at any time a termination date has occurred or been designated as the result of an Event of Default with respect to Buyer, then unless the Buyer has paid in full all of its obligations that are then due, including those under Section 7.2(c9.3(b) of this Agreement: (i) the Seller may exercise all rights and remedies available to a Seller under applicable law with respect to the posted Eligible Collateral, (ii) the Buyer will be obligated immediately to return all posted Eligible Posted Collateral and provided by Seller, including any accrued Interest interest to the Seller, or (iiiii) to the extent that posted Eligible Posted Collateral or provided by Seller, including any accrued Interest are interest, is not returned pursuant to (iii) above, the Seller may set-off any amounts payable by the Seller with respect to any Obligations against any posted Eligible Collateral Credit Support or the cash equivalent thereof or to the extent that Seller does not set off such amounts, withhold payment of any remaining amounts payable by the Seller with respect to any Obligationsobligations of Buyer, up to the value of the remain remaining posted Eligible Collateral Credit Support held by the Buyer, until that posted Eligible Collateral Credit Support is Transferred to the Seller. For avoidance of doubt, (i) the Buyer will be obligated immediately to Transfer any Letter of Credit to the Seller and (ii) the Seller may do any one or more of the following: (x) to the extent that the Letter of Credit is not Transferred to the Seller as required pursuant to (i) above, set-off any amounts payable by the Seller with respect to any Obligations against any such Letter of Credit held by the Buyer and, to the extent its rights to set-off are not exercised, withhold payment of any remaining amounts payable by the Seller with respect to any Obligations, up to the value of any remaining posted Eligible Collateral Credit Support and the value of any Letter of Credit held by the Buyer, until any such Posted Eligible Collateral Credit Support and such Letter of Credit is Transferred to the Seller; and (y) exercise rights and remedies available to the Seller under the terms of the Letter of Credit.

Seller’s Rights and Remedies. If at any time a termination date has occurred or been designated as the result of an Event of Default with respect to BuyerBuyer and Buyer has provided Credit Support to Seller under Section 9.3(b), then unless the Buyer has paid in full all of its obligations that are then due, including those under Section 7.2(c9.3(b) of this Agreement: (i) the Seller may exercise all rights and remedies available to a Seller under applicable law Law with respect to the posted Eligible Collateralany Posted Collateral provided by Buyer, (ii) the Buyer will be obligated immediately to return all posted Eligible Posted Collateral and provided by Seller, including any accrued Interest interest to the Seller, or (iii) to the extent that posted Eligible Posted Collateral or provided by Seller, including any accrued Interest are interest is not returned pursuant to (ii) above, the Seller may set-off any amounts payable by the Seller with respect to any Obligations against any posted Eligible Collateral Credit Support or the cash equivalent thereof or to the extent that Seller does not set off such amounts, withhold payment of any remaining amounts payable by the Seller with respect to any Obligationsobligations of Buyer, up to the value of the remain remaining posted Eligible Collateral Credit Support held by the Buyer, until that posted Eligible Collateral Credit Support is Transferred to the Seller. For avoidance of doubt, (i) the Buyer will be obligated immediately to Transfer any Letter of Credit to the Seller and (ii) the Seller may do any one or more of the following: (x) to the extent that the Letter of Credit is not Transferred to the Seller as required pursuant to (i) above, set-off any amounts payable by the Seller with respect to any Obligations against any such Letter of Credit held by the Buyer and, to the extent its rights to set-off are not exercised, withhold payment of any remaining amounts payable by the Seller with respect to any Obligations, up to the value of any remaining posted Eligible Collateral Credit Support and the value of any Letter of Credit held by the Buyer, until any such Posted Eligible Collateral Credit Support and such Letter of Credit is Transferred to the Seller; and (y) exercise rights and remedies available to the Seller under the terms of the Letter of Credit.

Seller’s Rights and Remedies. If at any time a termination date has occurred or been designated as the result of an Event of Default with respect to BuyerBuyer and Buyer has provided Credit Support to Seller under Section 9.3(b), then unless the Buyer has paid in full all of its obligations that are then due, including those under Section 7.2(c9.3(b) of this Agreement: (i) the Seller may exercise all rights and remedies available to a Seller under applicable law Law with respect to the posted Eligible Collateralany Posted Collateral provided by Buyer, (ii) the Buyer will be obligated immediately to return all posted Eligible Posted Collateral and provided by Seller, including any accrued Interest interest to the Seller, or (iii) to the extent that posted Eligible Posted Collateral or provided by Seller, including any accrued Interest are interest is not returned pursuant to (ii) above, the Seller may set-off any amounts payable by the Seller with respect to any Obligations against any posted Eligible Collateral Credit Support or the cash equivalent thereof or to the extent that Seller does not set off such amounts, withhold payment of any remaining amounts payable by the Seller with respect to any Obligationsobligations of Buyer, up to the value of the remain remaining posted Eligible Collateral Credit Support held by the Buyer, until that posted Eligible Collateral Credit Support is Transferred to the Seller. For avoidance of doubt, (i) the Buyer will be obligated immediately to Transfer any Letter of Credit to the Seller and (ii) the Seller may do any one or more of the following: (x) to the extent that the Letter of Credit is not Transferred to the Seller as required pursuant to (i) above, set-off any amounts payable by the Seller with respect to any Obligations against any such Letter of Credit held by the Buyer and, to the extent its rights to set-off are not exercised, withhold payment of any remaining amounts payable by the Seller with respect to any Obligations, up to the value of any remaining posted Eligible Collateral Credit Support and the value of any Letter of Credit held by the Buyer, until any such Posted Eligible Collateral Credit Support and such Letter of Credit is Transferred to the Seller; and (y) exercise rights and remedies available to the Seller under the terms of the Letter of Credit.

Seller’s Rights and Remedies. If at any time a termination date has occurred or been designated as the result of an Event of Default with respect to BuyerBuyer and Buyer has provided Credit Support to Seller under Section 9.3(b), then unless the Buyer has paid in full all of its obligations that are then due, including those under Section 7.2(c9.3(b) of this Agreement: (i) the Seller may exercise all rights and remedies available to a Seller under applicable law Law with respect to the posted Eligible Collateralany Posted Collateral provided by Buyer, (ii) the Buyer will be obligated immediately to return all posted Eligible Posted Collateral and provided by Seller, including any accrued Interest interest to the Seller, or (iii) to the extent that posted Eligible Posted Collateral or provided by Seller, including any accrued Interest are interest is not returned pursuant to (ii) above, the Seller may set-off any amounts payable by the Seller with respect to any Obligations against any posted Eligible Collateral Credit Support or the cash equivalent thereof or to the extent that Seller does not set off such amounts, withhold payment of any remaining amounts payable by the Seller with respect to any Obligationsobligations of Buyer, up to the value of the remain remaining posted Eligible Collateral Credit Support held by the Buyer, until that posted Eligible Collateral Credit Support is Transferred to the Seller. For avoidance of doubt, (i) the Buyer will be obligated immediately to Transfer any Letter of Credit to the Seller and (ii) the Seller may do any one or more of the following: (x) to the extent that the Letter of Credit is not Transferred to the Seller as required pursuant to (i) above, set-off any amounts payable by the Seller with respect to any Obligations against any such Letter of Credit held by the Buyer and, to the extent its rights to set-off are not exercised, withhold payment of any remaining amounts payable by the Seller with respect to any Obligations, up to the value of any remaining posted Eligible Collateral Credit Support and the value of any Letter of Credit held by the BuyerXxxxx, until any such Posted Eligible Collateral Credit Support and such Letter of Credit is Transferred to the Seller; and (y) exercise rights and remedies available to the Seller under the terms of the Letter of Credit.