either Seller definition

either Seller each Seller" , "such Seller" or "the applicable Seller" are hereby replaced with "the Seller" and all references to "Sellers" are hereby replaced with "Seller".
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either Seller is used in the sense of “either Seller or both Sellers”; and “with respect to” any item includes the concept “of” such item or “under” such item or any similar relationship regarding such item; (h) unless expressly stated herein to the contrary, reference to a document, including this Agreement, will be deemed to also refer to each annex, addendum, exhibit, schedule or other attachment thereto; (i) unless expressly stated herein to the contrary, reference to an Article, Section, Schedule, Disclosure Schedule, or Exhibit is to an article, section, schedule, the Disclosure Schedule, or exhibit, respectively, of this Agreement; (j) when calculating a period of time, the day that is the initial reference day in calculating such period will be excluded and, if the last day of such period is not a Business Day, such period will end on the next day that is a Business Day; (k) unless otherwise required by the context in which they appear, the terms “shall” and “will” are used interchangeably; (l) the phrase “the date hereof” means the date of this Agreement; (m) any reference to “U.S.” or “U.S.A.” means the United States or the United States of America; and (n) any reference to “New York” or the “State of New York” means the State of New York in the United States of America. All dollar ($) references in this Agreement are to United States dollars and all amounts that are to be calculated or paid hereunder will be calculated or paid in United States dollars. Any exchange rate necessary for the calculation of any amounts that are to be calculated or paid hereunder shall be the applicable rate published by the Federal Reserve of the United States as of such date of calculation or payment. The Parties participated jointly in the negotiation and drafting of this Agreement and the Related Agreements, and each Party was (or had ample opportunity to be) represented by legal counsel in connection with this Agreement and the Related Agreements, and each Party and each Party’s counsel have reviewed and revised (or had ample opportunity to review and revise) this Agreement and the Related Agreements; therefore, if an ambiguity or question of intent or interpretation arises, then this Agreement and the Related Agreements will be construed as if drafted jointly by the Parties and no presumption or burden of proof will arise favoring or disfavoring any Party by virtue of the authorship of any of the terms hereof or thereof. The Parties acknowledge and agree that any reference he...
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either Seller neither Seller", and "such Seller" refer to the various individual Persons that collectively make up "Seller".
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Examples of either Seller in a sentence

  • If Seller, acting in good faith, is unable to have such defect corrected within 60 days after notice of such defect is given to Seller, then this Contract may be terminated by either Seller or Purchaser.

  • This Contract may not be assigned by either Seller or Purchaser without the written consent of the other.

  • The Trustee shall not be an Affiliate of either Seller or the Depositor.

  • Buyer and Seller hereby waive their respective right to trial by jury of any cause of action, claim, counterclaim or cross-complaint in any action, proceeding or hearing brought by either Seller against Buyer or Buyer against Seller on any matter whatsoever arising under, relating to, or in any way connected with this Order, the relationship of Seller and Buyer or any claim of injury or damage, or the enforcement of any remedy under any law, statute or regulation now or hereafter in effect.

  • The Trustee shall not be an affiliate of either Seller or the Depositor.

  • In any such event, either Seller or Purchaser may, at their option, rescind this Agreement by notice to the other party.

  • In connection with such appointment and assumption, the Master Servicer or either Seller (with respect to its related Mortgage Loans), as applicable, may make such arrangements for the compensation of such successor out of payments on Mortgage Loans as it and such successor shall agree, provided, however, that no such compensation shall be in excess of that permitted the Servicer under this Agreement.

  • A party (either Seller or Buyer) to this Agreement shall be in default under this Agreement if the party fails to comply with any material term or obligation of the Agreement in the time required by the Agreement.

  • If there is a dispute between Seller and Purchaser regarding whether all or any portion of the Deposit shall be returned to Purchaser or delivered to Seller, Escrow Agent shall have no obligation to either Seller or Purchaser with respect to the Deposit except to interplead the Deposit into an appropriate court of competent jurisdiction.

  • If, upon default, either Seller or Buyer determines to pursue the Seller’s or Buyer’s remedies, and the non-defaulting party is successful in enforcing his or her remedy, then, unless otherwise provided by law, the party who defaulted on the Agreement will pay the non-defaulting party’s reasonable attorney fees, costs, and/or expenses incurred in enforcing the non-defaulting party’s remedy.