Common use of Sole Remedy Clause in Contracts

Sole Remedy. It is understood and agreed that the obligations of the Depositor contained in Section 6(a) hereof to cure a breach, or to repurchase or substitute Defective Timeshare Loans and the obligation of the Depositor to indemnify pursuant to Section 8 hereof , shall constitute the sole remedies available to the Issuer 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 Depositor.

Appears in 11 contracts

Samples: Sale Agreement (Bluegreen Vacations Holding Corp), Sale Agreement (Bluegreen Vacations Holding Corp), Sale Agreement (Bluegreen Vacations Holding Corp)

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Sole Remedy. It is understood and agreed that the obligations of the Depositor contained in Section 6(a) hereof to cure a breach, or to repurchase or substitute Defective Timeshare Loans or to repurchase and the obligation of the Depositor to indemnify pursuant to Section 8 hereof , shall constitute the sole remedies available to the Issuer 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 Depositor.

Appears in 4 contracts

Samples: Sale Agreement (BFC Financial Corp), Sale Agreement (BBX Capital Corp), Sale Agreement (Bluegreen Corp)

Sole Remedy. It is understood and agreed that the obligations of the Depositor 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 Depositor to indemnify pursuant to Section 8 hereof , shall constitute the sole remedies available to the Issuer 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 Depositor5(a) or Section 5(b) hereof.

Appears in 3 contracts

Samples: Fifth Amended and Restated Sale Agreement (Diamond Resorts International, Inc.), Third Amended and Restated Sale Agreement (Diamond Resorts Corp), Second Amended and Restated Sale Agreement (Diamond Resorts Parent, LLC)

Sole Remedy. It is understood and agreed that the obligations of the Depositor contained in Section 6(a) hereof to cure a breach, or to repurchase or substitute Defective Timeshare Loans and the obligation of the Depositor to indemnify pursuant to Section 8 hereof hereof, shall constitute the sole remedies available to the Issuer 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 Depositor.

Appears in 3 contracts

Samples: Sale Agreement (Bluegreen Vacations Holding Corp), Sale Agreement (BBX Capital Corp), And Restated Sale Agreement (BFC Financial Corp)

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

Appears in 2 contracts

Samples: Sale Agreement (Bluegreen Corp), Sale Agreement (Bluegreen Corp)

Sole Remedy. It is understood and agreed that the obligations of the Depositor contained in Section 6(a) hereof to cure a material breach, or to repurchase or substitute Defective Timeshare Loans and the obligation of the Depositor to indemnify pursuant to Section 8 hereof 8, shall constitute the sole remedies available to the Issuer 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 Depositor.

Appears in 2 contracts

Samples: Sale Agreement (Bluegreen Corp), Sale Agreement (Bluegreen Corp)

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Sole Remedy. It is understood and agreed that the obligations of the Depositor contained in Section 6(a) hereof to cure a material breach, or to repurchase or substitute Defective Timeshare Loans and the obligation of the Depositor to indemnify pursuant to Section 8 hereof 8, shall constitute the sole remedies available to the Issuer 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 Depositor.

Appears in 1 contract

Samples: Sale Agreement (Bluegreen Corp)

Sole Remedy. It is understood and agreed that the obligations of the Depositor contained in Section 6(a) hereof to cure a breach, or to repurchase or substitute Defective Timeshare Loans or to repurchase Closing Date Eligible Investments and the obligation of the Depositor to indemnify pursuant to Section 8 hereof hereof, shall constitute the sole remedies available to the Issuer 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 Depositor.

Appears in 1 contract

Samples: Sale Agreement (Bluegreen Corp)

Sole Remedy. It is understood and agreed that the obligations of the Depositor contained in Section 6(a) hereof to cure a breach, or to repurchase or substitute Defective Timeshare Loans or to repurchase Closing Date Eligible Investments and the obligation of the Depositor to indemnify pursuant to Section 8 hereof 8, shall constitute the sole remedies available to the Issuer 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 Depositor.

Appears in 1 contract

Samples: Sale Agreement (Bluegreen Corp)

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