Common use of Restoration of Rights and Remedies Clause in Contracts

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholder shall continue as though no such proceeding Proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then then, and in every such case, the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee, the Noteholders shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and Trustee, the Holders Noteholders shall continue as though no such proceeding Proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Indenture Trustee or any Holder of a Note 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 Trustee or to such Holder, then and in every such casecase the Issuer, the Insurer, the Indenture Trustee and the Noteholders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee Indenture Trustee, the Insurer and the Holders Noteholders shall continue as though no such proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall 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 Trustee and the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall Noteholders continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note the 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 Trustee or to such Holder, then and in every such case, subject to any determination in such proceedingproceedings, the CompanyIssuer, the Trustee and the Holders of the Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of the Notes shall continue as though no such proceeding had has been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Issuer, Trustee and the Holders Noteholder shall continue as though no such proceeding Proceeding had been instituted.

Restoration of Rights and Remedies. If the Note Trustee ----------------------------------- or any Holder of a Note 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 Note Trustee or to such HolderNoteholder, then and in every such casecase the Note Issuer, the Note Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Note Trustee and the Holders Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the CompanyIssuer, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall Noteholders continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the CompanyIssuer, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such Holder, then and in every such casecase the Issuer, the Trustee and the Holders of Notes shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Co-Issuers, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholder shall continue as though no such proceeding Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any ---------------------------------- Holder of a Note 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 Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Company, the Trustee and the Holders Noteholders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Corporation, the Trustee and the Noteholders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note the Notes 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 Trustee or to such Holder, Holder of the Notes then and in every such casecase the Issuer, the Trustee and such Holder of the Notes shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of the Notes shall continue as though no such proceeding Proceeding had been instituted.

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

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

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

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Company, the Trustee and the Noteholders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding had been instituted.

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

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

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

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

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

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee Trustee, or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee, and the Noteholder shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee Trustee, and the Holders Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note Rated 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 Trustee or to such HolderRated Noteholder, then and in every such casecase the Co-Issuers, the Trustee and the Rated Noteholder shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Secured Parties shall continue as though no such proceeding Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and such Noteholder shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholder shall continue as though no such proceeding Proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, case the Company, the Trustee and the Holders of Notes shall 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 Trustee and the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Company, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding had Proceeding has been instituted.

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

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

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such Holder, then and in every such casecase the Issuer, the Guarantor, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note Senior 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 Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.

Restoration of Rights and Remedies. If the Note ----------------------------------- Trustee or any Holder of a Note 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 Note Trustee or to such HolderNoteholder, then and in every such casecase the Note Issuer, the Note Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Note Trustee and the Holders Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee, the Noteholders shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and Trustee, the Holders Noteholders shall continue as though no such proceeding Proceeding had been instituted.. 72 4140-8886-1733.4

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such Holder, then and in every such casecase the Issuer, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note the Notes 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 Trustee or to such Holder, Holder of the Notes then and in every such casecase the Obligors, the Trustee and such Holder of the Notes shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of the Notes shall continue as though no such proceeding Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any ---------------------------------- Holder of a Note Convertible 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 Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or ----------------------------------- any Holder of a Note 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 Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note Convertible 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 Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.

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

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Company, the Trustee and the Holders Noteholders shall continue as though no such proceeding had been instituted. Section 8.11.

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

Restoration of Rights and Remedies. If the Trustee or ----------------------------------- any Holder of a Note 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 Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Owner Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding Proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Co-Issuers, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the CompanyTrust, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall Noteholders continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and such Holder shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the such Trustee and the Holders such Holder shall continue as though no such proceeding had been instituted.. ARTICLE EIGHT APPLICATION OF SUPPLEMENTAL INDENTURE AND CREATION OF THE INITIAL NOTES

Restoration of Rights and Remedies. If the Trustee or ---------------------------------- any Holder of a Note 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 Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note Senior 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 Trustee or to such Holder, then and in every such casecase the Company, the Guarantors, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such Holder, then and in every such case, the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Note Trustee ---------------------------------- or any Holder of a Note 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 Note Trustee or to such HolderNoteholder, then and in every such casecase the Note Issuer, the Note Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Note Trustee and the Holders Noteholders shall continue as though no such proceeding Proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such Holderthe Noteholder, then and in every such casecase the Issuer, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholder shall continue as though no such proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Co-Issuers, the Trustee and the Noteholder will, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall Noteholder will continue as though no such proceeding Proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuers, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the Company, the Guarantors, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a any Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been ben discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the 77 69 Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder holder of a Note Convertible Subordinated 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 Trustee or to such Holderholder, then and in every such casecase the Company, the Trustee and the holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders holders shall continue as though no such proceeding had has been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Note Trustee or any Holder of a Note 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 Note Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the CompanyIssuer, the Guarantors, the Note Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Note Trustee and the Holders shall continue as though no such proceeding had been instituted.. ARTICLE SEVEN

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the CompanyBorrower, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall Noteholders continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 reasonabandoned, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceed ing, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note ---------------------------------- 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding Proceeding had been instituted.

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

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders Noteholders shall continue as though no such proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Note 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 Trustee or to such Holder, then and in every such case, the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted. SECTION 6.12.

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

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

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

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

Restoration of Rights and Remedies. If the Note Trustee or ---------------------------------- any Holder of a Note 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 Note Trustee or to such HolderNoteholder, then and in every such casecase the Note Issuer, the Note Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Note Trustee and the Holders Noteholders shall continue as though no such proceeding Proceeding had been instituted.