Common use of Remedies of the Issuer Clause in Contracts

Remedies of the Issuer. Notwithstanding any contrary provision in this Agreement or the Indenture, the Issuer shall have the right to take any action not prohibited by law or make any decision not prohibited by law with respect to proceedings for indemnity against the liability of the Issuer and its officers, directors, employees and agents and for collection or reimbursement of moneys due to it under this Agreement or the Indenture for its own account. The Issuer may enforce its rights under this Agreement and the Indenture which have not been assigned to the Trustee by legal proceedings for the specific performance of any obligation contained herein or therein or for the enforcement of any other legal or equitable remedy, and may recover damages caused by any breach by the Company of its obligations to the Issuer under this Agreement or the Indenture, including court costs, reasonable attorney’s fees and other costs and expenses incurred in enforcing such obligations.

Appears in 2 contracts

Samples: Loan Agreement (Covanta Holding Corp), Loan Agreement (Covanta Holding Corp)

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Remedies of the Issuer. Notwithstanding any contrary provision in this Agreement or the IndentureAgreement, the Issuer shall have the right to take any action not prohibited by law or make any decision not prohibited by law with respect to proceedings for indemnity against the liability of the Issuer and its officers, directors, employees and agents and for collection or reimbursement of moneys due to it the Issuer under this Agreement or the Indenture for its own account. The Issuer may enforce its rights under this Agreement and the Indenture which have not been assigned to the Trustee by legal proceedings for the specific performance of any obligation contained herein or therein or for the enforcement of any other legal or equitable remedy, and may recover damages caused by any breach by the Company Borrower of its obligations to the Issuer under this Agreement or the IndentureAgreement, including any amounts required to be paid by the Borrower pursuant to this Agreement hereof, court costs, reasonable attorney’s attorneys’ fees and other costs and expenses incurred in enforcing such obligations.

Appears in 1 contract

Samples: Loan Agreement (Trex Co Inc)

Remedies of the Issuer. Notwithstanding any contrary provision in this Agreement or the IndentureAgreement, the Issuer shall have the right to take any action not prohibited by law or make any decision not prohibited by law with respect to proceedings for indemnity against the liability of the Issuer and its officers, directors, employees and agents and for collection or reimbursement of moneys due to it under this Agreement or the Indenture for its own account. The Issuer may enforce its rights under this Agreement and the Indenture which have not been assigned to the Trustee by legal proceedings for the specific performance of any obligation contained herein or therein or for the enforcement of any other legal or equitable remedy, and may recover damages caused by any breach by the Company Borrower of its obligations to the Issuer under this Agreement or the IndentureAgreement, including any amounts required to be paid by the Borrower pursuant to Subsection 308(b), court costs, reasonable attorney’s 's fees and other costs and expenses incurred in enforcing such obligations.

Appears in 1 contract

Samples: Loan and Trust Agreement (Datum Inc)

Remedies of the Issuer. Notwithstanding any contrary provision in this Agreement or the IndentureAgreement, the Issuer shall have the right to take any action not prohibited by law or make any decision not prohibited by law with respect to proceedings for indemnity against the liability of the Issuer and its officers, directors, employees and agents and for collection or reimbursement of moneys due to it the Issuer under this Agreement or the Indenture for its own account. The Issuer may enforce its rights under this Agreement and the Indenture which have not been assigned to the Trustee by legal proceedings for the specific performance of any obligation contained herein or therein or for the enforcement of any other legal or equitable remedy, and may recover damages caused by any breach by the Company Borrower of its obligations to the Issuer under this Agreement or the IndentureAgreement, including any amounts required to be paid by the Borrower pursuant to this Agreement hereof, court costs, reasonable attorney’s attorneys' fees and other costs and expenses incurred in enforcing such obligations.

Appears in 1 contract

Samples: Loan Agreement (M Wave Inc)

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Remedies of the Issuer. Notwithstanding any contrary provision in this Agreement or the Indenture, the Issuer shall have the right to take any action not prohibited by law or make any decision not prohibited by law with respect to proceedings for indemnity against the liability of the Issuer and its members, officers, directors, employees and agents and for collection or reimbursement of moneys due to it under this Agreement or the Indenture for its own account. The Issuer may enforce its rights under this Agreement and the Indenture which have not been assigned to the Trustee by legal proceedings for the specific performance of any obligation contained herein or therein or for the enforcement of any other legal or equitable remedy, and may recover damages caused by any breach by the Company of its obligations to the Issuer under this Agreement or the Indenture, including court costs, reasonable attorney’s fees and other costs and expenses incurred in enforcing such obligations.

Appears in 1 contract

Samples: Loan Agreement (Potlatch Corp)

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