Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 1058 contracts
Samples: Indenture (SLM Funding LLC), Indenture (Mercedes-Benz Auto Lease Trust 2021-B), Indenture (Mercedes-Benz Auto Lease Trust 2021-B)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 164 contracts
Samples: Indenture (Carmax Auto Funding LLC), Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Carmax Auto Funding LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerIssuing Entity, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 153 contracts
Samples: Indenture (World Omni Select Auto Trust 2023-A), Indenture (CNH Equipment Trust 2016-B), Indenture (CNH Equipment Trust 2015-C)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such NoteholderHolder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Holders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders Holders shall continue as though no such Proceeding had been instituted.
Appears in 111 contracts
Samples: Indenture (Duke Energy Progress SC Storm Funding LLC), Indenture (PG&E Recovery Funding LLC), Indenture (SCE Recovery Funding LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 91 contracts
Samples: Indenture (Harley-Davidson Motorcycle Trust 2021-B), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2021-A), Indenture (Harley-Davidson Customer Funding Corp.)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any 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 Indenture Trustee or to such the Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Credit Enhancer, and the Noteholders shall, subject to any determination in such the Proceeding, be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 65 contracts
Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D), Custodial Agreement (CWHEQ, Inc.)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallNoteholders, subject to any determination in such Proceeding, will be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter subsequently all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding had been instituted.
Appears in 34 contracts
Samples: Indenture (Ford Credit Auto Owner Trust 2013-C), Indenture (Ford Credit Auto Lease Trust 2011-B), Indenture (Ford Credit Auto Owner Trust 2013-A)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 33 contracts
Samples: Indenture (Ares Capital Corp), Indenture (Hercules Capital, Inc.), Indenture (NewStar Financial, Inc.)
Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Insurer or any Noteholder 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 Indenture Trustee Trustee, the Insurer or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Insurer and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 32 contracts
Samples: Onyx Acceptance Owner Trust 2005-A, Indenture (Onyx Acceptance Financial Corp), Indenture (Uacsc 1999-B Owner Tr Auto Rec Bk Notes)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Bondholder 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 Indenture Trustee or to such NoteholderBondholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Bondholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders Bondholders shall continue as though no such Proceeding had been instituted.
Appears in 32 contracts
Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Servicing Agreement (Impac CMB Trust Series 2005-8), Indenture (IMPAC CMB Trust Series 2005-5)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 28 contracts
Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and and, in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 27 contracts
Samples: Note Funding Agreement (Bluegreen Vacations Corp), Indenture (Bluegreen Corp), Indenture (Bluegreen Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their respective former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 24 contracts
Samples: Home Loan Trust 2006-Hi3, Home Loan Trust 2006-Hi2, Home Loan Trust 2006-Hi2
Restoration of Rights and Remedies. If the Indenture ---------------------------------- Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 23 contracts
Samples: Indenture (Firstplus Investment Corp), Indenture (Firstplus Investment Corp), Indenture (Firstplus Investment Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallNoteholders, subject to any determination in such Proceeding, will be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding had been instituted.
Appears in 23 contracts
Samples: Indenture (Ford Credit Auto Owner Trust 2009-B), Indenture (Ford Credit Auto Owner Trust 2006-A), Indenture (Ford Credit Auto Owner Trust 2008-B)
Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Note Insurer or any Noteholder 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 be adverse to the Indenture Trustee Trustee, the Note Insurer or to such Noteholder, then and in every such case the IssuerIndenture Trustee, the Indenture Trustee Note Insurer and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee Trustee, the Note Insurer and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 23 contracts
Samples: Indenture (Accredited Mortgage Loan Trust 2003-2), Indenture (Accredited Home Lenders Inc Mortgage Loan Trust 2004-1), Indenture (Accredited Mortgage Loan Trust 2003-3)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 19 contracts
Samples: Indenture and Servicing Agreement (Wyndham Worldwide Corp), Indenture and Servicing Agreement (Wyndham Worldwide Corp), Indenture and Servicing Agreement (Wyndham Worldwide Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder holder of Notes 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 Indenture Trustee or to such Noteholderholder of Notes, then and in every such case the Issuer, the Indenture Trustee and the Noteholders holders of the Notes shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders holders of the Notes shall continue as though no such Proceeding had been instituted.
Appears in 16 contracts
Samples: Note Purchase Agreements (National Collegiate Student Loan Trust 2005-2), www.snl.com, www.snl.com
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 be adverse to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 16 contracts
Samples: Indenture (Accredited Mortgage Loan Trust 2004-3), Indenture (Accredited Mortgage Loan REIT Trust), Indenture (NovaStar Certificates Financing CORP)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Noteholder shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 15 contracts
Samples: Indenture (Electronic Data Systems Corp /De/), Master Indenture (Compucredit Corp), Uscc Master Note (United States Cellular Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 15 contracts
Samples: Indenture (Diamond Resorts International, Inc.), Indenture (Diamond Resorts Parent, LLC), Indenture (Diamond Resorts Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 14 contracts
Samples: Master Indenture (Smurfit-Stone Container Enterprises Inc), Satisfaction and Discharge of Indenture (Ace Sec Corp Wells Fargo Financial Auto Owner Trust 2004-A), Wells Fargo Financial Auto Owner Trust 2005-A
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 13 contracts
Samples: Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD), Indenture (CIT Equipment Collateral 2008-Vt1)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerIssuing Entity, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their respective former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 13 contracts
Samples: Indenture (Carvana Auto Receivables Trust 2022-P1), Indenture (Carvana Auto Receivables Trust 2022-P1), Indenture (Carvana Auto Receivables Trust 2021-P2)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued discontinued, waived, rescinded or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case case, subject to any determination in such proceeding, the IssuerIssuers, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 12 contracts
Samples: Master Indenture (Spirit MTA REIT), Master Indenture (STORE CAPITAL Corp), Master Indenture (American Finance Trust, Inc)
Restoration of Rights and Remedies. If the Indenture Senior Trustee or any Noteholder of the Senior Class of Notes has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture Indenture, and such Proceeding proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Senior Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Senior Trustee and the Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Senior Trustee and the Noteholders shall continue as though no such Proceeding had proceeding has been instituted.
Appears in 12 contracts
Samples: Indenture (Encysive Pharmaceuticals Inc), Indenture (Alexza Pharmaceuticals Inc.), Indenture (Alexza Pharmaceuticals Inc.)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then (and in every such case case) the Issuer, the Indenture Trustee Co-Issuer, the Trustee, and the Noteholders Noteholder shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 11 contracts
Samples: Arbor Realty (Arbor Realty Trust Inc), Interest Rate Cap Agreement (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such NoteholderHolder, then and in every such case the Note Issuer, the Indenture Trustee and the Noteholders Holders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders Holders shall continue as though no such Proceeding had been instituted.
Appears in 9 contracts
Samples: Indenture (Illinois Power Securitization Limited Liability Co), Indenture (Comed Funding LLC), Indenture (Comed Funding LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their respective former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 9 contracts
Samples: Exhibit 99 (First Security Auto Owner Trust 1999 1), Indenture (Central Originating Lease Trust), Indenture (Capital Auto Receivables Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee Trustee, the Note Insurer or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Note Insurer and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee Trustee, the Note Insurer and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 8 contracts
Samples: Indenture (Merrill Lynch Mortgage Investors Inc), Indenture (Merrill Lynch Mortgage Investors Inc), Indenture (Superior Bank FSB Afc Mortgage Ln Asset Bk Notes Ser 1999-3)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any 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 Indenture Trustee or to such the Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallNoteholders, subject to any determination in such the Proceeding, will be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter subsequently all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding had been instituted.
Appears in 8 contracts
Samples: Indenture (Ford Credit Auto Owner Trust 2014-C), Indenture (Ford Credit Auto Owner Trust 2015-B), Indenture (Ford Credit Auto Owner Trust 2014-B)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders or such Noteholder shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 8 contracts
Samples: Indenture (OneMain Financial Holdings, Inc.), Note Purchase Agreement (Conns Inc), Indenture (OneMain Financial Holdings, Inc.)
Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Insurer or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee Trustee, the Insurer or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallcase, subject to any determination in such Proceedingproceeding, the Issuer, the Trustee, the Insurer and the Noteholders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee Trustee, the Insurer and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 8 contracts
Samples: Assignment and Servicing Agreement (Ikon Receivables LLC), Indenture (Ikon Receivables Funding LLC), Assignment and Servicing Agreement (Ikon Receivables LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholdernoteholder, then and and, in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 7 contracts
Samples: Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any 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 Indenture Trustee or to such the Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallNoteholders, subject to any determination in such the Proceeding, will be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter subsequently all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding had been instituted.
Appears in 7 contracts
Samples: Indenture (Ford Credit Auto Lease Trust 2015-A), Indenture (Ford Credit Auto Lease Trust 2014-B), Indenture (CAB West LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their respective former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 7 contracts
Samples: Underwriting Agreement (Goldman Sachs Asset Backed Securities Corp), Indenture (Wodfi LLC), Indenture (Wodfi LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then then, and in every such case case, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 7 contracts
Samples: Contribution Agreement (Americredit Corp), Bay View Capital Corp, Sunnova Energy International Inc.
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued discontinued, waived, rescinded or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 6 contracts
Samples: Master Indenture (Spirit Finance Corp), Trust Agreement (Impac Mortgage Holdings Inc), Master Indenture (Cim Real Estate Finance Trust, Inc.)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder or Certificateholder 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 Indenture Trustee or to such NoteholderNoteholder or Certificateholder, then and in every such case the Issuer, the Indenture Trustee and Trustee, the Noteholders and Certificateholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders and Certificateholders shall continue as though no such Proceeding had been instituted.
Appears in 6 contracts
Samples: Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture or any Indenture Supplement and such Proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 6 contracts
Samples: Purchase Agreement (Realogy Corp), Receivables Purchase Agreement (Domus Holdings Corp), Purchase Agreement (NRT Settlement Services of Missouri LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallNoteholder will, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding proceeding had been instituted.
Appears in 6 contracts
Samples: Indenture (Ford Credit Floorplan LLC), Ford Credit Floorplan Corp, Indenture (Nissan Wholesale Receivables Corp Ii)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under in accordance with the terms of this Indenture and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely adverse to the Indenture Trustee or to such Noteholder, then and in every such case the Issuercase, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders hereunder shall continue as though no such Proceeding had has been instituted.
Appears in 5 contracts
Samples: Note Purchase Agreement (HPSC Inc), First Sierra Receivables Iii Inc, First Sierra Receivables Iii Inc
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though through no such Proceeding proceeding had been instituted.
Appears in 5 contracts
Samples: Indenture (Chase Manhattan Bank Usa), Pooling and Servicing Agreement (Chase Credit Card Master Trust), Pooling and Servicing Agreement (Chase Credit Card Master Trust)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Noteholders has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 5 contracts
Samples: Indenture (Heller Funding Corp), Heller Equipment (Heller Funding Corp Ii), Fidelity Leasing Inc
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 5 contracts
Samples: Base Indenture (Enova International, Inc.), Backup Servicing Agreement (On Deck Capital, Inc.), On Deck Capital Inc
Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Insurer or any Noteholder 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 Indenture Trustee Trustee, the Insurer or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Insurer and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee Trustee, the Insurer and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 5 contracts
Samples: Indenture and Servicing Agreement (Wyndham Worldwide Corp), Indenture and Servicing Agreement (Cendant Corp), Indenture and Servicing Agreement (Cendant Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Enhancer, the Indenture Trustee Trustee, and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee Trustee, the Enhancer and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Bear Stearns Asset Backed Securities Inc, Bear Stearns Asset Backed Securities Inc, Irwin Home Equity Loan Trust 2004-1
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Irwin Whole Loan Home Equity Trust 2005-A, Indenture (Bear Stearns Asset Backed Securities Inc), Indenture (Irwin Whole Loan Home Equity Trust 2004 A)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture or the related Series Supplement and such Proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholderreason, then and in every such case the Issuer, the Indenture Trustee Trustee, and the related Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee Trustee, and the related Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 4 contracts
Samples: Household Automotive Trust 2001-1, Indenture (Household Automotive Trust Iv Series 2000-1), Household Auto Receivables Corp
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Noteholders has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though through no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Heller Funding Corp, Heller Funding Corp, Eaglemark Inc
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder or Certificateholder 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 Indenture Trustee or to such NoteholderNoteholder or Certificateholder, then and in every such case the Issuer, the Indenture Trustee and Trustee, the Noteholders and Certificateholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and Trustee, the Noteholders and Certificateholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Intercreditor Agreement (Oportun Financial Corp), Intercreditor Agreement (Oportun Financial Corp), Oportun Financial Corp
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the IssuerOwner Trustee, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Servicing Agreement (Capital One Auto Receivables LLC), Capital One Auto Finance Trust 2002-C, Capital One Auto Receivables Trust 2001-B
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerIssuing Entity, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (World Omni LT), Indenture (World Omni LT), Indenture (World Omni Auto Leasing LLC)
Restoration of Rights and Remedies. If the ---------------------------------- Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (SLM Funding Corp), Servicing Agreement (Greenpoint Credit LLC), Indenture (World Omni Auto Receivables LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Noteholder shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Master Indenture (First National Funding LLC), Master Indenture (First National Funding LLC), Master Indenture (First National Master Note Trust)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Noteholder shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Master Indenture (Alliance Data Systems Corp), Master Indenture (World Financial Network Credit Card Master Trust), Master Indenture (World Financial Network Credit Card Master Trust)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Facility Administrator and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee Trustee, the Facility Administrator and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Bluegreen Corp), Bluegreen Corp, Bluegreen Corp
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee Trustee, or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Co-Issuer, the Trustee, and the Noteholders Noteholder shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee Trustee, and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Gramercy Real (Gramercy Capital Corp), Cdo Servicing Agreement (Gramercy Capital Corp), Marathon Real Estate Finance, Inc.
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Mid State Capital Corp, Wells Fargo Asset Securities Corp, Mid State Homes Trust Xi
Restoration of Rights and Remedies. If the Indenture Trustee or any Investor Noteholder 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 Indenture Trustee or to such Investor Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Investor Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Investor Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (PHH Corp), Indenture (Greyhound Funding LLC), Greyhound Funding LLC
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder of Equipment Notes has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture Indenture, and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such NoteholderHolder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had proceeding has been instituted.
Appears in 3 contracts
Samples: Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and Servicing Agreement and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture and Servicing Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture and Servicing Agreement (Marriott Vacations Worldwide Corp), Indenture and Servicing Agreement (Marriott Vacations Worldwide Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Investor Noteholder 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 Indenture Trustee or to such Investor Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Investor Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Investor Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Base Indenture (PHH Corp), Base Indenture (PHH Corp), Indenture (Goodyear Tire & Rubber Co /Oh/)
Restoration of Rights and Remedies. If the Indenture Trustee or any Senior Noteholder 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 Indenture Trustee or to such Senior Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Senior Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Senior Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Ryder Truck Rental I Lp, BMW Vehicle Lease Trust 2000-A, Ryder Truck Rental I Lp
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallcase, subject to any determination in such Proceedingproceeding, Issuer, Indenture Trustee and the Noteholders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Provident Lease Receivables Corp), Indenture (Provident Lease Receivables Corp), Indenture (Provident Lease Receivables Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture Agreement or any Series Supplement and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Master Indenture and Servicing Agreement (Cendant Corp), Master Indenture and Servicing Agreement (Wyndham Worldwide Corp), Master Indenture and Servicing Agreement (Cendant Corp)
Restoration of Rights and Remedies. If the Indenture ---------------------------------- Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerOwner Trustee, the Owner Trust Estate, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their respective former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Navistar Financial Retail Receivables Corporation), Indenture (Navistar Financial Retail Receivables Corporation), Navistar Financial Retail Receivables Corporation
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee Trustee, the Insurer or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Insurer and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee Trustee, the Insurer and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Master Agreement (Home Equity Mortgage Trust 2006-2), Trust Agreement (American Home Mortgage Investment Trust 2005-4), Home Equity Mortgage Trust 2007-1
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and or the Noteholders Noteholder shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Master Indenture (Atlanticus Holdings Corp), Master Indenture (Compucredit Corp), Master Indenture (Atlanticus Holdings Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder of Class A Notes has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture Master Indenture, and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such NoteholderHolder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had proceeding has been instituted.
Appears in 3 contracts
Samples: Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.. SECTION 5.9
Appears in 3 contracts
Samples: Mmca Auto Receivables Inc, Mmca Auto Receivables Inc, Daimler Benz Vehicle Receivables Corp
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any 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 Indenture Trustee or to such the Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, and the Noteholders shall, subject to any determination in such the Proceeding, be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-G), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-A), Custodial Agreement (CWHEQ, Inc.)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case case, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter thereafter, all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Peoples Choice Home Loan Securities Trust Series 2005-2), Indenture (Peoples Choice Home Loan Securities Trust Series 2005-3), Peoples Choice Home Loan Securities Trust Series 2005-4
Restoration of Rights and Remedies. If the Indenture Trustee ---------------------------------- or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Noteholder shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Master Indenture (Spiegel Master Trust), Master Indenture (Spiegel Master Trust), Master Indenture (Spiegel Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the IssuerCo-Issuers, the Indenture Trustee and the Noteholders or such Noteholder shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (New Residential Investment Corp.), Indenture (Springleaf Finance Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerOwner Trustee, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (M&i Auto Loan Trust 2002-1), Bond Securitization LLC
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and and, in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to 57 their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Samples: BXG Receivables Note (BFC Financial Corp), BXG Receivables Note (BBX Capital Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has shall have 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Bay View Deposit CORP), Indenture (Bay View Deposit CORP)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.. 26 (Nissan 2014-B Indenture)
Appears in 2 contracts
Samples: Nissan Auto Receivables 2014-B Owner Trust, Nissan Auto Receivables 2014-B Owner Trust
Restoration of Rights and Remedies. If the Indenture Trustee ---------------------------------- or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Deutsche Recreational Asset Funding Corp), Deutsche Recreational Asset Funding Corp
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture or the Series Supplement and such Proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholderreason, then and in every such case the Issuer, the Indenture Trustee Trustee, and the related Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee Trustee, and the related Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Samples: Household Auto Receivables Corp, Household Auto Receivables Corp
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Master Indenture and such Proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Noteholder shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Master Indenture (Nordstrom Inc), Master Indenture (Nordstrom Inc)
Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Insurer or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture or the Series Supplement and such Proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholderreason, then and in every such case the Issuer, the Indenture Trustee Trustee, the Insurer and the related Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee Trustee, the Insurer and the related Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Household Auto Receivables Corp), Indenture (Household Auto Receivables Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Acc Consumer Finance Corp), Chevy Chase Bank FSB
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.. 26 (Nissan 2015-A Indenture)
Appears in 2 contracts
Samples: Indenture (Nissan Auto Receivables Corp Ii), Indenture (Nissan Auto Receivables Corp Ii)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerIssuing Entity, the Indenture Trustee Trustee, and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Material Definitive Agreement (Bear Stearns Asset Backed Securities I LLC), Material Definitive Agreement (Bear Stearns Asset Backed Securities I LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Senior Noteholder 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 Indenture Trustee or to such Senior Noteholder, then and in every such case the IssuerLease Trust, the Indenture Trustee and the Senior Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Senior Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee Trustee, the Insurer and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (HFC Revolving Corp Household Home Equity Loan Trust 2002 4), HFC Revolving Corp Household Home Equity Loan Trust 2002-3
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Irwin Home Equity Loan Trust 2005-1, Bear Stearns Asset Backed Sec Inc Irwin Home Eq Lo Tr 2001-2
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the IssuerTrust, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Saul B F Real Estate Investment Trust), Saul B F Real Estate Investment Trust
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such NoteholderNoteholder for any reason, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallwill, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Navistar Financial Dealer Note Master Trust), Pooling and Servicing Agreement (Navistar Financial Dealer Note Master Trust)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 1 contract
Samples: Capital One Auto Receivables LLC
Restoration of Rights and Remedies. If the Indenture ------------------------------------ Trustee or any Noteholder Noteholders has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 1 contract
Samples: Mitsui Vendor Leasing 1998-1 LLC
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.. (2011-B Indenture)
Appears in 1 contract
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerOwner Trustee, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 1 contract
Samples: Compass Asset Acceptance Co
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any 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 Indenture Trustee or to such the Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, [the Credit Enhancer,] and the Noteholders shall, subject to any determination in such the Proceeding, be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Indymac Abs Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Debtholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such NoteholderDebtholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallcase, subject to any determination in such Proceedingproceeding, the Trust, the Guarantors (if any), the Indenture Trustee and the Debtholders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders Debtholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted. Section 5.10.
Appears in 1 contract
Samples: Indenture (Bear Stearns Asset Backed Securities Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Indenture Noteholder 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 Indenture Trustee or to such Indenture Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Indenture Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Indenture Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 1 contract
Samples: Case Receivables Ii Inc
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and Trustee, the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 1 contract
Samples: Oportun Financial Corp
