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, in addition to any rights and remedies under Section 8.3, (i) Buyer will be obligated immediately to return all Posted Collateral provided by Seller, including any accrued interest to Seller, or (ii) to the extent that Posted Collateral provided by Seller, including any accrued interest is not returned pursuant to (i) above, Seller may set-off any amounts payable by Seller with respect to any Obligations against any Posted Collateral or to the extent that Seller does not set off such amounts, withhold payment of any remaining amounts payable by Seller with respect to any obligations of Buyer, up to the value of the remaining Posted Collateral.
Appears in 11 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
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, in addition to any rights and remedies under Section 8.3, (iBuyer,(i) Buyer will be obligated immediately to return all Posted Collateral provided by Seller, including any accrued interest to Seller, and or (ii) Buyer will pay the termination penalty pursuant to section 8.3(b). to the extent that Posted Collateral provided by Seller, including any accrued interest is not returned pursuant to (i) above, Seller may set-off any amounts payable by Seller with respect to any Obligations against any Posted Collateral or to the extent that Seller does not set off such amounts, withhold payment of any remaining amounts payable by Seller with respect to any obligations of Buyer, up to the value of the remaining Posted Collateral.
Appears in 1 contract
Samples: Power Purchase Agreement
