Common use of Restoration of Rights and Remedies Clause in Contracts

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder of Securities has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Unit Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder of Securities has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined determine adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Purchase Contract Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such casecase the Company and the Holders shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had has been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Facility Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company Company, any Guarantor and such Holder the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement Debenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such case, subject to any determination in such proceeding, the Company and such the Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company KeySpan and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company Issuer, any other obligor on the Original Discount Notes, and such Holder the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such casecase MBIA and the Holders shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then then, and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder under this Agreement and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such casecase the Company and the Holders shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder under this Agreement and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted. SECTION 6.3.

Restoration of Rights and Remedies. If any Holder of a Note has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, the Company, the Holders shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such casecase the Company and the Holder shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such case, subject to any determination in such proceeding, the Company Issuer and such the Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.former

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company Corporation, any other obligor of the Notes and such Holder the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement Security and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such case, the Company and the Holder shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.any

Restoration of Rights and Remedies. 47 56 If any Holder of Securities has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has the Holders shall have instituted any proceeding to enforce any right or remedy under this Agreement or any other Financing Document and such proceeding has shall have been discontinued continued or abandoned for any reason, or has shall have been determined adversely to such Holderthe Holders, then and in every such caseevent, the Holders and Borrower shall, to the maximum extent permitted by law and subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereunder, and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceedingproceedings, the Company Company, the Guarantors and such Holder the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had has been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement hereunder and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such casecase the Company and the Holder shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had has been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or Execution Version has been determined adversely to such Holder, then and in every such casecase the Company and the Holders shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any the ---------------------------------- Holder has instituted any proceeding to enforce any right or remedy under this Agreement Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such casecase the Company and the Holder shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such the Holder shall continue as though through no such proceeding had been instituted.

Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement Debenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter and, thereafter, all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company Issuer and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such case, subject to any determination in such proceeding, the Company Borrower and such the Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Note Purchase Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such casecase the Company and such Holders shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such case, subject to any determination in such proceeding, the Company Issuer and such the Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had been instituted.. ​

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former 49 55 positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.. 63

Restoration of Rights and Remedies. If any the Holder has ---------------------------------- instituted any proceeding to enforce any right or remedy under this Agreement Security and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such case, the Company and the Holder shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company TECO and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.. 56

Restoration of Rights and Remedies. If any Holder ----------------------------------- has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.. 58

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company Issuers and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has ---------------------------------- instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company Washington Mutual and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder of a Security has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder the Holders of Securities shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder holder has instituted any proceeding to enforce any right or remedy under this Agreement hereunder and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holderholder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder the holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder the holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such casecase the Company, any other obligor upon the Notes and the Holders shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted ---------------------------------- any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such casecase the Company, any other obligor upon the Notes and the Holders shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such case, subject to any determination in such proceeding, the Company and such the Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted. Section 6.3.

Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company each Co-Issuer and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.