Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 1961 contracts
Samples: Indenture (Genzyme Corp), Indenture (GreenHunter Energy, Inc.), Indenture (Intermune Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceedingproceedings, the CompanyIssuer, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 203 contracts
Samples: Indenture (Petco Holdings Inc), Indenture (Realogy Group LLC), Indenture (Hilton Worldwide Holdings Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then then, and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Company, Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 120 contracts
Samples: Indenture (Calpine Corp), Indenture (CF Industries Holdings, Inc.), Indenture (CF Industries Holdings, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 113 contracts
Samples: Indenture (Gamco Investors, Inc. Et Al), Indenture (Federal Mogul Corp), Indenture (Gamco Investors, Inc. Et Al)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then then, and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Company, Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 113 contracts
Samples: Indenture (Tw Telecom Inc.), Supplemental Indenture (E Trade Financial Corp), Supplemental Indenture (E Trade Financial Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceedingproceedings, the CompanyIssuers, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 104 contracts
Samples: Intercreditor Agreement (Hilton Grand Vacations Inc.), Indenture (Vine Energy Inc.), Indenture (Kraton Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the CompanyIssuer, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 85 contracts
Samples: Indenture (Broadcom Inc.), Indenture (Royal Caribbean Cruises LTD), Share Repurchase Agreement (American International Group Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 79 contracts
Samples: Indenture (Interline Brands, Inc./De), Indenture (Honeywell International Inc), Indenture (Home Depot Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has shall have been discontinued or abandoned for any reason, or has shall have been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the and Trustee and the Holders such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders such Holder shall continue as though no such proceeding had been instituted.
Appears in 73 contracts
Samples: Indenture (Entergy Arkansas Inc), Nextera Energy Partners, Lp, Entergy Mississippi Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceedingproceedings, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 63 contracts
Samples: Indenture (Carters Inc), Indenture (Viavi Solutions Inc.), Indenture (Arazi S.a r.l.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall will be restored severally and respectively to their former positions hereunder under this Indenture, and thereafter all rights and remedies of the Trustee and the Holders shall will continue as though no such proceeding had been instituted.
Appears in 55 contracts
Samples: Indenture (Level One Bancorp Inc), Indenture (City Holding Co), Indenture (Midland States Bancorp, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder under this Indenture and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 49 contracts
Samples: Indenture (Abacus Life, Inc.), Indenture (Tsakos Energy Navigation LTD), Indenture (Independent Bank Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has shall have been discontinued or abandoned for any reason, or has shall have been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders such Holder shall continue as though no such proceeding had been instituted.
Appears in 48 contracts
Samples: First Mortgage Indenture (Allegheny Energy, Inc), Security Agreement (Entergy Texas, Inc.), Indenture of Mortgage (PG&E Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 44 contracts
Samples: Indenture (Kinetic Concepts Inc /Tx/), Indenture (Alestra), Standard Commercial Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee Trustee, and the Holders shall will be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall will continue as though no such proceeding had been instituted.
Appears in 43 contracts
Samples: Indenture (Cineverse Corp.), Signatures (Spirit AeroSystems Holdings, Inc.), Indenture (Neomarkers Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the CompanyCorporation, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 42 contracts
Samples: Note (FNB Corp/Fl/), Note (FNB Corp/Fl/), Indenture (FNB Corp/Fl/)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any a proceeding to enforce any right or remedy under this Indenture and such the proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such the Holder, then and in every such casethen, subject to any determination in such the proceeding, the Company, the Trustee and the Holders shall will be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Company, the Trustee and the Holders shall will continue as though no such proceeding had been instituted.
Appears in 41 contracts
Samples: Indenture (Healthsouth Corp), Indenture (Telecom Argentina Sa), Indenture (SAVVIS, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Guarantee and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, any Guarantor, any other obligor on the Securities, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 37 contracts
Samples: Indenture (Steel Dynamics Inc), Indenture (Sai Tn Hc2, LLC), Indenture (Sonic Automotive Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then then, and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Company, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 35 contracts
Samples: Indenture (PAETEC Holding Corp.), Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (PAETEC Holding Corp.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 31 contracts
Samples: Indenture (Prosperity Bancshares Inc), Indenture (BCB Bancorp Inc), Indenture (Bridge Bancorp Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the CompanyIssuers, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 29 contracts
Samples: Indenture, Indenture (Altice USA, Inc.), Indenture (Broadcom Cayman L.P.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any a proceeding to enforce any right or remedy under this the Indenture and such the proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such the Holder, then and in every such casethen, subject to any determination in such the proceeding, the Company, the Trustee and the Holders shall will be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Company, the Trustee and the Holders shall will continue as though no such proceeding had been instituted.
Appears in 25 contracts
Samples: Indenture (DPL Inc), Indenture (Evercore Partners Inc.), Indenture (Symantec Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and such Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders such Holder shall continue as though no such proceeding had been instituted.
Appears in 25 contracts
Samples: Indenture (Novastar Financial Inc), Junior Subordinated Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Obligor, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 23 contracts
Samples: Pepsico Inc, Gencor Industries Inc, Pepsi Bottling Group Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the CompanyIssuers, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 22 contracts
Samples: Indenture (Neff Finance Corp.), Indenture (Neff Finance Corp.), Indenture (Trump Communications LLC)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 21 contracts
Samples: Indenture (KLX Inc.), Supplemental Indenture (FS Energy & Power Fund), Catalyst Biosciences, Inc.
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, ; then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 19 contracts
Samples: Indenture (PetroQuest Energy, L.L.C.), Indenture (PetroQuest Energy, L.L.C.), Indenture (Global Signal Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any and determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 18 contracts
Samples: Subordinated Indenture (Knoll Inc), Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Gsi Commerce Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then then, and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 17 contracts
Samples: Supplemental Indenture (E Trade Financial Corp), Supplemental Indenture (E Trade Financial Corp), Clorox Co /De/
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders such Holder shall continue as though no such proceeding had been instituted.
Appears in 17 contracts
Samples: Indenture (Core Molding Technologies Inc), Indenture (Core Molding Technologies Inc), Indenture (PNM Resources Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding proceedings to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 16 contracts
Samples: Indenture, (BRPP LLC), North American (Griffiths Pile Driving Inc), Indenture (CitiSteel PA, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this the Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 15 contracts
Samples: First Supplemental Indenture (PennyMac Mortgage Investment Trust), First Supplemental Indenture (iMedia Brands, Inc.), Supplemental Indenture (PHH Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then then, and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Company, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 13 contracts
Samples: Indenture (Glaxosmithkline Capital PLC), Indenture (Coach Inc), Verisk Analytics, Inc.
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding proceedings to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 12 contracts
Samples: Indenture (Century Casinos Inc /Co/), Indenture (Wells Fargo & Co/Mn), Indenture (Wells Fargo & Co/Mn)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holder shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 11 contracts
Samples: Trust Agreement (Ilm Senior Living Inc /Va), Agreement and Plan of Merger (Capital Senior Living Corp), Trust Agreement (Ilm Ii Senior Living Inc /Va)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 10 contracts
Samples: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 10 contracts
Samples: Execution Copy (Bancorp Hawaii Capital Trust I), Indenture (Bancorpsouth Inc), Securities Indenture (National City Capital Trust I)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 10 contracts
Samples: Registration Rights Agreement (Apollo Investment Fund Iv Lp), Indenture (Total Renal Care Holdings Inc), Data Processing Resources Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the CompanyPartnership, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 10 contracts
Samples: Indenture (Inergy L P), Indenture (Kinder Morgan Energy Partners L P), Indenture (Inergy L P)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee Trustee, and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 9 contracts
Samples: Indenture (Roper Industries Inc /De/), Indenture (Boise Cascade Office Products Corp), Indenture (Thaxton Group Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the CompanyPartnership, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 8 contracts
Samples: Indenture (NuStar Pipeline Operating Partnership L.P.), Indenture (NuStar Energy L.P.), Buckeye Partners, L.P.
Restoration of Rights and Remedies. If the either Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the such Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the CompanyCorporation, the Trustee Trustees and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee Trustees and the Holders shall continue as though no such proceeding had been instituted.
Appears in 8 contracts
Samples: Indenture (Algonquin Power & Utilities Corp.), Indenture (Algonquin Power & Utilities Corp.), Indenture (Algonquin Power & Utilities Corp.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter thereunder, and all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 8 contracts
Samples: Indenture (Xto Energy Inc), Indenture (Xto Energy Inc), Indenture (Xto Energy Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Company, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 8 contracts
Samples: Indenture (PPL Electric Utilities Corp), Indenture (Mid American Energy Holdings Co /New/), Indenture (Midamerican Energy Holdings Co /New/)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued determined or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceedingproceedings or any other proceedings, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies hereunder of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 8 contracts
Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 8 contracts
Samples: Epicept Corporation (Epicept Corp), Indenture (Covanta Holding Corp), Epicept Corporation (Epicept Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then then, and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Company, Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 7 contracts
Samples: Indenture (Winstar Communications Inc), Winstar Equipment (Winstar Communications Inc), Indenture (Winstar Communications Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the CompanyIssuer, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 7 contracts
Samples: Canwest Media Inc, Canwest Media Inc, Indenture (United Industries Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and such Holder shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders such Holder shall continue as though no such proceeding had been instituted.
Appears in 7 contracts
Samples: Indenture (Comstock Homebuilding Companies, Inc.), Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, Holder then and in every such casecase the Company, the Trustee and such Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders such Holder shall continue as though no such proceeding had been instituted.
Appears in 7 contracts
Samples: Indenture (Impac Mortgage Holdings Inc), Junior Subordinated Indenture (Capital Trust Inc), Indenture (Impac Mortgage Holdings Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.rights
Appears in 6 contracts
Samples: Exhibit 4 (Converse Inc), Indenture (Beckman Coulter Inc), American Spectrum Realty Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee Company and the Holders Guarantor shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Blount International Inc, Indenture (Bp PLC), Indenture (Bp PLC)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holder shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been institutedhereunder.
Appears in 6 contracts
Samples: Alon Refining Krotz (Alon USA Energy, Inc.), Alon Refining Krotz (Alon Refining Krotz Springs, Inc.), Intercreditor Agreement (CPM Holdings, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holderthen, then and in every such case, the Company, the Trustee and such Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee Trustee, the Company and the such Holders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Indenture (Anthracite Capital Inc), Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl)
Restoration of Rights and Remedies. If In case the Trustee or any Holder has shall have instituted any proceeding to enforce any right right, power or remedy under this Indenture or the Notes by foreclosure, entry or otherwise and such proceeding has been discontinued or abandoned for any reason, or has proceedings shall have been determined adversely to the Trustee or to such HolderTrustee, then and in every such case, subject to any determination in such proceeding, case the CompanyIssuer, the Trustee and the Holders any Agent shall be restored severally and respectively to their its former positions hereunder hereunder, and thereafter all rights rights, powers and remedies of the Trustee Trustee, any Agent and the Holders shall continue as though if no such proceeding had been instituted.
Appears in 5 contracts
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and each such Holder shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders each such Holder shall continue as though no such proceeding had been instituted.
Appears in 5 contracts
Samples: Indenture (GFI Group Inc.), Subordinated Indenture (Union Bankshares Corp), Eagle Bancorp Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and such Holder shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the such Trustee and the Holders such Holder shall continue as though no such proceeding had been instituted.
Appears in 5 contracts
Samples: Indenture (Hotels.com GP, LLC), Expedia, Inc., Citizens Funding Trust IV
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceedingproceedings, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had proceedings has been instituted.
Appears in 5 contracts
Samples: Indenture (Micron Technology Inc), Indenture, Indenture (Micron Technology Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the CompanyIssuers, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 5 contracts
Samples: Indenture (Meristar Hospitality Operating Partnership Lp), Indenture (Meristar Hospitality Corp), Meristar Sub 7g (Meristar Hospitality Operating Partnership Lp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee or the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and or the Holders shall continue as though no such proceeding had been instituted.
Appears in 5 contracts
Samples: First American Financial Corp, First American Financial Corp, First American Financial Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holder shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 4 contracts
Samples: Indenture (Hallwood Group Inc), Pledge and Security Agreement (Hallwood Group Inc), Pledge and Security Agreement (Hallwood Group Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Security has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Key Energy Services Inc), Key Energy Services Inc, Key Energy Services Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceedingproceedings, the Company, the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 4 contracts
Samples: Indenture (Concordia International Corp.), Indenture (Concordia International Corp.), Indenture (Concordia Investment Holdings (Jersey) LTD)
Restoration of Rights and Remedies. If the Trustee or any Holder holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holderholder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Stena Ab), Indenture (Stena Ab), Indenture (Stena Ab)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture with respect to any Security of any series and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, any Guarantor of Securities of that series, the Trustee and the Holders of the Securities of that series shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Amvescap PLC/London/), Indenture (INVESCO North American Holdings, Inc.), Indenture (IVZ Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, and to the Companyextent permitted under Applicable Law, the Trustee Issuer, the Guarantors, the Trustee, the Authorized Agents and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Auna S.A.), Indenture (Auna S.A.), Indenture (Auna S.A.A.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Lakehead Pipeline Co Lp), Lakehead Pipeline Co Lp, Lakehead Pipeline Co Lp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders each such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders each such Holder shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Questar Market Resources Inc), Indenture (Questar Gas Co), Indenture (Questar Market Resources Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the CompanyBank, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Royal Bank of Canada \), Indenture (Royal Bank of Canada \), Indenture (Royal Bank of Canada \)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted. Section 510.
Appears in 3 contracts
Samples: El Paso Natural Gas Co, El Paso Natural Gas Co, El Paso Natural Gas Co
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.. SECTION 6.09
Appears in 3 contracts
Samples: Indenture (Hasbro Inc), Indenture (Hasbro Inc), Hasbro Inc
Restoration of Rights and Remedies. If In case the Trustee or any Holder has instituted any proceeding shall have proceeded to enforce any right or remedy under this Indenture and such proceeding has proceedings shall have been discontinued or abandoned for any reason, or has shall have been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, case the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter rights hereunder, and all rights rights, remedies and remedies powers of the Company, the Trustee and the Holders shall continue as though no such proceeding proceedings had been institutedtaken.
Appears in 3 contracts
Samples: Carlisle Companies Inc, Carlisle Companies Inc, Contifinancial Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has shall have been discontinued or abandoned for any reason, or has shall have been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders such Holder shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Pebblebrook Hotel Trust, Florida Power & Light Co, Florida Power Corp /
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then then, and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Company, Trustee and the Holders shall continue as though if no such proceeding had been instituted.
Appears in 3 contracts
Samples: Impsat Fiber Networks Inc, Impsat Fiber Networks Inc, Impsat Fiber Networks Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued discontin- ued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Citizens Utilities Capital L P, Citizens Utilities Capital L P, Citizens Utilities Capital L P
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the CompanyCompanies, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Genpact Luxembourg S.a.r.l.), Genpact LTD, Toledo Edison Co
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture Inden ture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Mission Energy Holding Co), Indenture (Popular International Bank Inc), Indenture (Loews Cineplex Entertainment Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Security and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Icn Pharmaceuticals Inc), Acclaim Entertainment Inc, Trans Lux Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then then, and in each and every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Company, Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Arrow Electronics Inc), Arrow Electronics Inc, Arrow Electronics Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding proceedings to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the CompanyIssuer, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 3 contracts
Samples: Indenture (Natura &Co Holding S.A.), Indenture (Horsehead Holding Corp), Indenture (Natura &Co Holding S.A.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted. Section 6.10.
Appears in 3 contracts
Samples: Allegiant Travel CO, Guardant Health, Inc., Indenture (Wallace Computer Services Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Issuer, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (NRG Energy Inc), Guarantee Agreement (Somerset Power LLC), Northeast Generation Co
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.such
Appears in 3 contracts
Samples: International Lease Finance Corp, International Lease Finance Corp, International Lease Finance Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted. SECTION 510.
Appears in 3 contracts
Samples: Tennessee Gas Pipeline Co, Tennessee Gas Pipeline Co, El Paso Tennessee Pipeline Co
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Zentalis Pharmaceuticals, Inc.), Real Good Food Company, Inc., Presto Automation Inc.
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted. SECTION 510.
Appears in 2 contracts
Samples: Anadarko Petroleum Corp, Solutia Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted. SECTION 6.10.
Appears in 2 contracts
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Icf Kaiser International Inc), Systems Applications International Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding proceed ing has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the CompanyIssuers, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Financing Agreement (Waterford Gaming Finance Corp), Financing Agreement (Waterford Gaming LLC)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then then, and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Company, the Trustee and the Holders shall continue as though no such proceeding had been instituted.]
Appears in 2 contracts
Samples: Indenture (Orionnet Finance Corp), Indenture (Orionnet Finance Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Robbins & Myers Inc, Robbins & Myers Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.or
Appears in 2 contracts
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding proceedings to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the CompanyIssuers, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 2 contracts
Samples: Indenture, (Tcby of Australia, Inc.), Indenture (MRS Fields Financing Co Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee Trustee, the Company and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.the
Appears in 2 contracts
Samples: Allied Waste Industries Inc, Allied Waste Industries Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, each of the CompanyCompanies, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 2 contracts
Samples: Starwood Lodging Trust, Starwood Lodging Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and such Holder shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders such Holder shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (American Express Co), Indenture (American Express Credit Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter there after all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Northpoint Communications Group Inc), Brooks Fiber Properties Inc
Restoration of Rights and Remedies. If the Trustee or ----------------------------------- any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 2 contracts
Samples: Indenture (National Service Industries Inc), Indenture (National Service Industries Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding proceedings to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall will be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall will continue as though no such proceeding had has been instituted.
Appears in 2 contracts
Samples: Credit Agreement (Golfsmith International Holdings Inc), Article Twelve Agreement (Golfsmith International Holdings Inc)