Seller's Rights Upon Default Sample Clauses
Seller's Rights Upon Default. If Buyer (i) fails to purchase the quantities of Manapol[R] Powder specified for purchase by Buyer hereunder, (ii) fails to make a payment hereunder when due or (iii) otherwise breaches any term of this Agreement, and such failure or breach is not cured to Seller's reasonable satisfaction within 5 days (in the case of a failure to make a payment) or 30 days (in any other case) after receipt of notice thereof by Buyer, or if Buyer fails to perform or observe any covenant or condition on its part to be performed when required to be performed or observed, and such failure continues after the applicable grace period, if any, specified in the Agreement, Seller may refuse to make further deliveries hereunder and may terminate this Agreement upon notice to Buyer and, in addition, shall have such other rights and remedies, including the right to recover damages, as are available to Seller under applicable law or otherwise. If Buyer becomes bankrupt or insolvent, or if a petition in bankruptcy is filed by or against it, or if a receiver is appointed for it or its properties, Seller may refuse to make further deliveries hereunder and may terminate this Agreement upon notice to Buyer, without prejudice to any rights of Seller existing hereunder or under applicable law or otherwise. Any subsequent shipment of Manapol[R] Powder by Seller after a failure by Buyer to make any payment hereunder, or after any other default by Buyer hereunder, shall not constitute a waiver of any rights of Seller arising out of such prior default; nor shall Seller's failure to insist upon strict performance of any provision of this Agreement be deemed a waiver by Seller of any of its rights or remedies hereunder or under applicable law or a waiver by Seller of any subsequent default by Buyer in the performance of or compliance with any of the terms of this Agreement.
Seller's Rights Upon Default. Upon the occurrence and during the continuation of an Event of Default, Seller may, but shall not be obligated to, in its sole discretion, take any or all of the following actions, in each case at the Pledgor’s expense and without prior notice to the Pledgor except as required below or under applicable law:
(i) give notice of the Event of Default to any person, collect distributions and other amounts constituting or payable in respect of the Pledged Collateral, and enforce all rights of the Pledgor in the Pledged Collateral;
(ii) take possession of any or all of the Pledged Collateral, including through agents, wherever it may be found, and hold and manage the same;
(iii) foreclose its lien on or security interest in any or all of the Pledged Collateral;
(iv) become, or cause its nominee or a transferee to become, a substitute or successor member of the Company;
(v) sell, lease, assign and deliver or otherwise dispose of any or all of the Pledged Collateral at public or private sale, with or without having any or all of the Pledged Collateral at the place of sale, upon terms, in such manner, at such time or times, and at such place or places as Seller may reasonably determine and in accordance with applicable law; and
(vi) exercise any or all other rights or remedies available to Seller under applicable law. Seller may, to the fullest extent permitted by law, exercise the foregoing rights and remedies in such order, at such times and in such manner as Seller may, in its sole and exclusive judgment, determine from time to time.
Seller's Rights Upon Default. At any time after the occurrence of an Event of Default described in Section 9.2 which remains uncured, Seller may seek full recourse against Buyer and exercise all rights and remedies afforded to it under the Agreement and at law and in equity with respect to Buyer's Obligations. Seller may proceed with any or all rights, benefits and remedies which it may have against Buyer, including asserting any claim or instituting any action or proceeding against Buyer, or any representatives, successors, or assigns of Buyer. Any claim Seller has for damages as a result of Buyer's failure to deliver the Assets when due shall be reduced by any amount payable by Buyer pursuant to Section 2.9(a).
Seller's Rights Upon Default. At any time after the occurrence of an Event of Default described in Section 9.2 which remains uncured, Seller may seek full recourse against Buyer and exercise all rights and remedies afforded to it under the Agreement and at law and in equity with respect to Buyer’s Obligations. Seller may proceed with any or all rights, benefits and remedies which it may have against Buyer, including asserting any claim or instituting any action or proceeding against Buyer, or any representatives, successors, or assigns of Buyer. Any claim Seller has for damages as a result of Buyer’s failure to deliver the Assets when due shall be reduced (but not below zero) by the amount payable by Seller pursuant to Section 2.9(a), and the amount payable by Seller pursuant to Section 2.9(a) shall be correspondingly reduced. To the extent the amount of Seller’s damages as a result of Buyer’s failure to deliver the Assets when due exceeds the amount payable by Seller pursuant to Section 2.9(a), such excess shall be payable by Buyer to Seller. To the extent the amount payable by Seller pursuant to Section 2.9(a) exceeds Seller’s damages as a result of Buyer’s failure to deliver the Assets when due, after Buyer provides to Seller a full release (reasonably acceptable to Seller and conditional only on the following payment) of all liability of the Seller under or relating to this Agreement, Seller shall promptly pay the absolute value of such excess to Buyer.
Seller's Rights Upon Default