Examples of Buyer Default Termination in a sentence
In the event the Deposit becomes payable to the Seller by reason of a Buyer Default Termination, the Escrow Agent shall, within two (2) Business Days after receiving notice of such Buyer Default Termination from Seller, disburse the Deposit to an account designated by the Seller by wire transfer of immediately available funds to be retained by the Seller for its own account.
In the event this Agreement terminates as a result of a Buyer Default Termination, Seller's sole and exclusive remedy shall be strictly limited to (x) the retention of the Property and of the Deposit (together with the interest earned thereon) as liquidated damages, and (y) any actual damages the Seller has sustained, after application of the Deposit (together with any interest thereon), up to $1,500,000.
In the event the Deposit becomes non-refundable by reason of a Buyer Default Termination, Deposit Escrow Holder shall immediately disburse the Deposit and all interest accrued thereon to Seller to be retained by Seller for its own account.
If this Agreement is terminated pursuant to Section 8.4 by reason of a Buyer Default Termination, then neither the Sellers nor any of their respective Affiliates or representatives shall have any Liability hereunder to the Buyer, and the sole and exclusive remedy of either Seller and any of its Affiliates shall be strictly limited to retention of the Acquired Assets and the Buyer’s forfeiture of any right to payment of cash in an amount equal to the Deposit.
If Seller concludes after such discussion period that a Buyer Default Termination did occur, then Seller may deliver a notice of such Buyer Default Termination to the Escrow Agent (with a copy thereof to the Buyer) instructing the Escrow Agent to disburse the Deposit to an account designated by Seller by wire transfer of immediately available funds to be retained by Seller for its own account pursuant to the Escrow Agreement.
In no event shall Buyer have any liability to Seller hereunder in excess of the aggregate of the Deposit (together with any interest thereon) plus $1,500,000 in the event this Agreement terminates as a result of a Buyer Default Termination, and any claim, right, cause of action or liability by Seller against Buyer in excess of the Deposit (together with any interest thereon) plus $1,500,000 is hereby fully released and forever discharged.
Buyer and Sellers hereby agree that it is impossible to determine accurately the amount of damages that Sellers would suffer if the Contemplated Transactions were not consummated as a result of a Buyer Default Termination.
In the event the Deposit becomes non-refundable by reason of a Buyer Default Termination and Seller is not then in Default of this Agreement, Escrow Holder shall immediately disburse the Deposit to Seller to be retained by Seller for Seller’s own account as part of damages resulting to Seller from such Buyer Default Termination.
In the event the Deposit becomes payable to Seller by reason of a Buyer Default Termination pursuant to Section 9.1(f), Seller may at any time deliver a notice of such Buyer Default Termination to the Escrow Agent (with a copy thereof to Buyer) instructing the Escrow Agent to disburse the Deposit to an account designated by Seller by wire transfer of immediately available funds to be retained by Seller for its own account pursuant to the Escrow Agreement.
As a result, notwithstanding anything in this Agreement to the contrary, the parties hereby agree that (a) in the event of a Buyer Default Termination, Buyer shall be obligated to pay liquidated damages in the amount of the Deposit (and any interest accrued thereon) and (b) such liquidated damages shall be the sole and exclusive remedy of Sellers against Buyer by reason of such breach and such termination.