Discontinuance of Action. Agent may from time to time, to the extent permitted by applicable law, take action to recover any sums, whether interest, principal or any other obligation or sums, required to be paid under this Mortgage or the other Credit Documents, as the same become due, without prejudice to the right of Agent thereafter to bring an action of foreclosure, or any other action, for a default existing when such earlier action was commenced. If Agent shall have proceeded to enforce any right under this Mortgage or the other Credit Documents, and such proceedings shall have been discontinued or abandoned for any reason, then in every such case Borrower and Agent shall be restored to their former positions and the rights, remedies and powers of all parties hereto shall continue as if no such proceedings had been taken.
Discontinuance of Action. Upon execution of this Agreement, the Parties shall file a Notice of Settlement of the matter of CNY Fair Housing, Inc. et al v. Clover Construction Management, Inc., et al, Civ. Case No. 5-22-cv-278 (GTS/ATB) in the Northern District of New York and ask the Court to retain jurisdiction for the term of the Agreement. Any Owners, Property Manager and Contractors over whom the court does not have jurisdiction do not consent to the jurisdiction of the court on any basis, other than specifically in connection with and to the limited extent of enforcement of this Agreement. Upon the expiration of the term of this Agreement as to all Properties, provided that there is no pending action to enforce this Agreement, the Parties shall file a Stipulated Order of Dismissal, with prejudice in the form annexed hereto as Exhibit D.
Discontinuance of Action. Within fourteen (14) days of the receipt of the Compensation Payment Shares in accordance with Paragraph 1 above, XXXXXXX/18 KT shall cause the Action to be discontinued with prejudice.
Discontinuance of Action. Lender may from time to time, to the extent permitted by applicable law, take action to recover any sums, whether interest, principal or any other obligation or sums, required to be paid under this Leasehold Mortgage or the other Loan Documents, as the same become due, without prejudice to the right of Lender thereafter to bring an action of foreclosure, or any other action, for a default existing when such earlier action was commenced. If Lender shall have proceeded to enforce any right under this Leasehold Mortgage or the other Loan Documents, and such proceedings shall have been discontinued or abandoned for any reason, then in every such case Mortgagor and Lender shall be restored to their former positions and the rights, remedies and powers of all parties hereto shall continue as if no such proceedings had been taken.
Discontinuance of Action. Quigley shall discontinue, without prejudice, the Bucks County Actiox xxxxxn five (5) days of executing this Agreement.
Discontinuance of Action. Interactive shall, by its attorney, prepare and file a Stipulation of Discontinuance, without prejudice, of the action it commenced namely: "The Interactive Telephone Company v. Phonetime, Inc." Supreme Court, Queens County, Index Number: 96-3875.
Discontinuance of Action. Junior Beneficiary may from time to time, if permitted by law, take action to recover any sums, whether interest, principal or any other obligation or sums, required to be paid under this Indenture as the same become due, without prejudice to the right of Trustee or Junior Beneficiary thereafter to bring an action of foreclosure, or any other action, for a default or defaults by Grantor existing when such earlier action was commenced. If Junior Beneficiary or Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, then in every such case Grantor, Trustee and Beneficiary shall be restored to their former positions and the rights, remedies and powers of all parties hereto shall continue as if no such proceedings had been taken.
