Common use of Restoration of Positions Clause in Contracts

Restoration of Positions. If the Indenture Trustee or any holder of the Notes has instituted any proceeding to enforce any right or remedy under this Indenture by foreclosure, entry or otherwise and such proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such holder of the Notes, then and in every such case the Issuer, the Indenture Trustee and the holders of the Notes shall, subject to any determination in such proceeding, be restored to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the holders of the Notes shall continue as though no such proceeding had been instituted.

Restoration of Positions. If the Indenture Trustee Trustees or any holder of the Notes has instituted any proceeding to enforce any right or remedy under this Indenture or any of the Mortgages by foreclosure, entry or otherwise and such proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee Trustees or to such holder of the Notes, then and in every such case the IssuerCompany, the Indenture Trustee Trustees and the holders of the Notes shall, subject to any determination in such proceeding, be restored to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee Trustees and the holders of the Notes shall continue as though no such proceeding had been instituted.

Restoration of Positions. If the Indenture Trustee or any holder of the Notes has instituted any proceeding to enforce any right or remedy under this Indenture or any of the other Security Documents by foreclosure, entry or otherwise and such proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such holder of the Notes, then and in every such case the IssuerCompany, the Indenture Trustee and the holders of the Notes shall, subject to any determination in such proceeding, be restored to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the holders of the Notes shall continue as though no such proceeding had been instituted.