Common use of Sole Remedy Clause in Contracts

Sole Remedy. It is understood and agreed that the obligations of the Seller contained in Section 6(a) hereof to cure a breach, or to repurchase or substitute Defective Timeshare Loans, and the obligation of the Seller to indemnify pursuant to Section 8 hereof, shall constitute the sole remedies available to the Depositor or its subsequent assignees for the breaches of any representation or warranty contained in Section 5 hereof and such remedies are not intended to and do not constitute “credit recourse” to the Seller.

Appears in 15 contracts

Samples: Purchase and Contribution Agreement (BBX Capital Corp), Purchase and Contribution Agreement (BBX Capital Corp), Purchase and Contribution Agreement (BFC Financial Corp)

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Sole Remedy. It is understood and agreed that the obligations of the Seller to repurchase or substitute Timeshare Loans contained in Section 6(a) hereof to cure a breach, or to repurchase or substitute Defective Timeshare Loans, and the obligation of the Seller to indemnify pursuant to Section 8 hereof, hereof shall constitute the sole remedies available to the Depositor or its subsequent assignees for the breaches of any representation or warranty contained in Section 5 hereof and such remedies are not intended to and do not constitute “credit recourse” to the Seller5(a) or Section 5(b) hereof.

Appears in 9 contracts

Samples: Sale Agreement (Diamond Resorts International, Inc.), Sale Agreement (Diamond Resorts International, Inc.), Third Amended and Restated Purchase Agreement (Diamond Resorts Corp)

Sole Remedy. It is understood and agreed that the obligations of the Seller contained in Section 6(a) hereof to cure a breach, or to repurchase or substitute Defective Timeshare Loans, Loans and the obligation of the Seller to indemnify pursuant to Section 8 hereof, shall constitute the sole remedies available to the Depositor or its subsequent assignees for the breaches of any representation or warranty contained in Section 5 hereof and such remedies are not intended to and do not constitute “credit recourse” to the Seller.

Appears in 5 contracts

Samples: Purchase and Contribution Agreement (Bluegreen Vacations Holding Corp), Purchase and Contribution Agreement (BBX Capital Corp), Purchase and Contribution Agreement (BBX Capital Corp)

Sole Remedy. It is understood and agreed that the obligations of the Seller to cure, repurchase or substitute Timeshare Loans contained in Section 6(a) hereof to cure a breach, or to repurchase or substitute Defective Timeshare Loans, and the obligation of the Seller to indemnify pursuant to Section 8 hereof, hereof shall constitute the sole remedies available to the Depositor or its subsequent assignees for the breaches of any representation or warranty with respect to the Timeshare Loans contained in Section 5 hereof and such remedies are not intended to and do not constitute “credit recourse” to the Seller5(a) or Section 5(b) hereof.

Appears in 3 contracts

Samples: Sale Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Sale Agreement (Marriott Vacations Worldwide Corp), Pledge and Security Agreement (Marriott Vacations Worldwide Corp)

Sole Remedy. It is understood and agreed that the obligations of the Seller to repurchase and substitute Timeshare Loans contained in Section 6(a7(a) hereof to cure a breach, or to repurchase or substitute Defective Timeshare Loans, and the obligation of the Seller to indemnify pursuant to Section 8 hereof, 10 hereof shall constitute the sole remedies available to the Depositor or its subsequent assignees for the breaches of any representation or warranty contained in Section 5 hereof and such remedies are not intended to and do not constitute “credit recourse” to the Seller5(a) or Section 5(b) hereof.

Appears in 2 contracts

Samples: Loan Sale and Servicing Agreement (Diamond Resorts Parent, LLC), Loan Sale and Servicing Agreement (Diamond Resorts Parent, LLC)

Sole Remedy. It is understood and agreed that the obligations of the Seller contained in Section 6(a) hereof to cure a material breach, or to repurchase or substitute Defective Timeshare Loans, Loans and the obligation of the Seller to indemnify pursuant to Section 8 hereof8, shall constitute the sole remedies available to the Depositor or its subsequent assignees for the breaches of any representation or warranty contained in Section 5 hereof and such remedies are not intended to and do not constitute "credit recourse" to the Seller.

Appears in 2 contracts

Samples: Purchase and Contribution Agreement (Bluegreen Corp), Purchase and Contribution Agreement (Bluegreen Corp)

Sole Remedy. It is understood and agreed that the obligations of the Seller contained in Section 6(a) hereof to cure a breach, or to repurchase or substitute Defective Timeshare LoansLoans or to repurchase Closing Date Eligible Investments, and the obligation of the Seller to indemnify pursuant to Section 8 hereof8, shall constitute the sole remedies available to the Depositor or its subsequent assignees for the breaches of any representation or warranty contained in Section 5 hereof and such remedies are not intended to and do not constitute "credit recourse" to the Seller.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Bluegreen Corp)

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Sole Remedy. It is understood and agreed that the obligations of the Seller contained in Section 6(a) hereof to cure a material breach, or to repurchase or substitute Defective Timeshare Loans, Loans and the obligation of the Seller to indemnify pursuant to Section 8 hereof8, shall constitute the sole remedies available to the Depositor or its subsequent assignees for the breaches of any representation of its representations or warranty warranties contained in Section 5 hereof and such remedies are not intended to and do not constitute "credit recourse" to the Seller.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Bluegreen Corp)

Sole Remedy. It is understood and agreed that the obligations of the Seller contained in Section 6(a) hereof to cure a material breach, or to repurchase or substitute Defective Timeshare Loans, Loans and the obligation of the Seller to indemnify pursuant to Section 8 hereof8, shall constitute the sole remedies available to the Depositor or its subsequent assignees for the breaches of any its representation or warranty contained in Section 5 hereof and such remedies are not intended to and do not constitute "credit recourse" to the Seller.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Bluegreen Corp)

Sole Remedy. It is understood and agreed that the obligations of the Seller contained in Section 6(a) hereof to cure a material breach, or to repurchase or substitute Defective Timeshare Loans, Loans and the obligation of the Seller to indemnify pursuant to Section 8 hereof8, shall constitute the sole remedies available to the Depositor Purchaser or its subsequent assignees for the breaches of any its representation or warranty contained in Section 5 hereof and such remedies are not intended to and do not constitute "credit recourse" to the Seller.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Bluegreen Corp)

Sole Remedy. It is understood and agreed that the obligations of the Seller contained in Section 6(a) hereof to cure a breach, or to repurchase or substitute Defective Timeshare LoansLoans or to repurchase Closing Date Eligible Investments, and the obligation of the Seller to indemnify pursuant to Section 8 hereof, shall constitute the sole remedies available to the Depositor or its subsequent assignees for the breaches of any representation or warranty contained in Section 5 hereof and such remedies are not intended to and do not constitute “credit recourse” to the Seller.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Bluegreen Corp)

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