Common use of Restoration of Rights and Remedies Clause in Contracts

Restoration of Rights and Remedies. If the Trustee or any Holder of 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 Issuer, 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.

Appears in 16 contracts

Samples: Indenture (Smurfit WestRock PLC), Supplemental Indenture (Smurfit WestRock PLC), Supplemental Indenture (Vantiv, Inc.)

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Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 IssuerCompany, 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.

Appears in 15 contracts

Samples: First Supplemental Indenture (Greenbrier Companies Inc), Indenture (Greenbrier Companies Inc), Indenture (Biomarin Pharmaceutical Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholder shall continue as though no such proceeding Proceeding had been instituted.

Appears in 14 contracts

Samples: Indenture (Golub Capital Private Credit Fund), Indenture (GOLUB CAPITAL BDC, Inc.), Indenture (Golub Capital BDC 3, Inc.)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall Noteholders 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 Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Appears in 13 contracts

Samples: Indenture (LEAF Equipment Finance Fund 4, L.P.), Indenture (Resource America, Inc.), Lockbox Intercreditor Agreement (Resource America, Inc.)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Appears in 10 contracts

Samples: Letter Agreement (Oportun Financial Corp), Letter Agreement (Oportun Financial Corp), Intercreditor Agreement (Oportun Financial Corp)

Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Debentureholder 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 HolderDebentureholder, then and in every such casecase the Company, the Trustee and the Debentureholders shall, subject to any determination in such proceeding, the Issuer, 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 Debentureholders shall continue as though no such proceeding had been instituted.

Appears in 9 contracts

Samples: Indenture (Republic Bancshares Inc), Indenture (Bankatlantic Bancorp Inc), Trust Indenture Agreement (SFG Mortgage & Investment Co Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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.

Appears in 8 contracts

Samples: Indenture (APW Supermarkets, Inc.), Indenture (Inex Corp), Indenture (McLeodusa Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of 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 IssuerCompany, 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.

Appears in 8 contracts

Samples: Mezzanine Indenture (Waterford Wedgwood PLC), Senior Indenture (Valentia Telecommunications), Dollar Indenture (JSG Acquisitions I)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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, the Company, the Trustee and the Holders of Notes shall, subject to any determination in such proceeding, the Issuer, 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.

Appears in 8 contracts

Samples: Transwitch Corp /De, Carramerica Realty Corp, Carramerica Realty Corp

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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.

Appears in 8 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding had been instituted.

Appears in 6 contracts

Samples: Indenture (Money Store Commercial Mortgage Inc), Oxford Resources Corp, Barnett Auto Receivables Corp

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 of Notes Noteholder shall continue as though no such proceeding Proceeding had been instituted.

Appears in 6 contracts

Samples: Indenture (NewStar Financial, Inc.), Indenture (NewStar Financial, Inc.), Indenture (NewStar Financial, Inc.)

Restoration of Rights and Remedies. If the Trustee or any Holder of any a Junior Subordinated 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 IssuerCompany, the Trustee and the Holders of Junior Subordinated 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.

Appears in 6 contracts

Samples: Subordinated Note Indenture (Georgia Power Co), Southern Power Co, Gulf Power Co

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 of Notes shall Noteholders continue as though no such proceeding had been instituted.

Appears in 6 contracts

Samples: Indenture (Copelco Capital Receivables LLC), Indenture (Copelco Capital Funding LLC 2000-A), Indenture (Charter Equipment Lease 1998-1 LLC)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 HolderPerson who instituted the Proceeding, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, 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 Noteholders shall continue as though no such proceeding had Proceeding has been instituted.

Appears in 5 contracts

Samples: Indenture (Iconix Brand Group, Inc.), Iconix Brand Group, Inc., Indenture (Candies Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 of Notes shall continue as though no such proceeding had been instituted.

Appears in 5 contracts

Samples: First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Appears in 5 contracts

Samples: Base Indenture (Conns Inc), Base Indenture (Conns Inc), Base Indenture (Conns Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholder shall continue as though no such proceeding Proceeding had been instituted.

Appears in 5 contracts

Samples: Indenture (Palmer Square Capital BDC Inc.), Supplemental Indenture (Garrison Capital Inc.), Indenture (JMP Group LLC)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 of Notes Noteholders shall continue as though no such proceeding had been instituted.

Appears in 5 contracts

Samples: Contribution and Servicing Agreement (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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, subject to any determination in such proceeding, case the Issuer, 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 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.

Appears in 5 contracts

Samples: Indenture (Corporate Realty Consultants Inc), Corporate Realty Consultants Inc, Corporate Realty Consultants Inc

Restoration of Rights and Remedies. If the Trustee or any ---------------------------------- Holder of any 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 Issuer, 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.

Appears in 4 contracts

Samples: McLeodusa Inc, McLeodusa Inc, McLeod Inc

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 of Notes Noteholders shall continue as though no such proceeding had been instituted.

Appears in 4 contracts

Samples: Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 IssuerCompany, 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 of Notes Noteholders shall continue as though no such proceeding had been instituted.

Appears in 4 contracts

Samples: Indenture (Mge Energy Inc), Indenture (Madison Gas & Electric Co), Midamerican Energy Financing Ii

Restoration of Rights and Remedies. If the Trustee or any ---------------------------------- Holder of 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 IssuerCompany, 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.

Appears in 4 contracts

Samples: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc), Cybernet Internet Services International Inc

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding had been instituted.

Appears in 4 contracts

Samples: Indenture (Flushing Financial Corp), Indenture (Flushing Financial Corp), Indenture (State Bancorp Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 has been instituted.

Appears in 3 contracts

Samples: Exhibit T3c (Envirosource Inc), Indenture (PLD Telekom Inc), Indenture (PLD Telekom Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder holder of any 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 Issuer, 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 holders shall continue as though no such proceeding had has been instituted.

Appears in 3 contracts

Samples: Indenture (Bank of America Corp /De/), Indenture (Bank of America Corp /De/), Bank of America Corp /De/

Restoration of Rights and Remedies. If the Trustee or any Holder of 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 IssuerCompany, 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.

Appears in 3 contracts

Samples: Indenture (Versatel Telecom International N V), Indenture (Versatel Telecom International N V), Versatel Telecom International N V

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding had been instituted.

Appears in 3 contracts

Samples: Indenture (Transtel S A), Local Financial Corp /Nv, Hawthorne Financial Corp

Restoration of Rights and Remedies. If the Trustee or any Holder Noteholder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding had has been instituted.

Appears in 3 contracts

Samples: NPS Pharmaceuticals Inc, NPS Pharmaceuticals Inc, Indenture (Alkermes Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder holder of 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 Issuer, 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.

Appears in 3 contracts

Samples: Indenture (Central European Media Enterprises N.V.), Indenture (CME Media Enterprises B.V.), Central European Media Enterprises LTD

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Appears in 3 contracts

Samples: Master Indenture and Servicing Agreement (Wyndham Worldwide Corp), Master Indenture and Servicing Agreement (Cendant Corp), Master Indenture and Servicing Agreement (Cendant Corp)

Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Issuer of such Notes, any other obligor upon the Notes, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, 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.

Appears in 2 contracts

Samples: Indenture (Univar Solutions Inc.), Univar Inc.

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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.

Appears in 2 contracts

Samples: Collins & Aikman Corp, Indenture (Collins & Aikman Corp)

Restoration of Rights and Remedies. If the Trustee or any Holder of any Junior 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 Issuer, the Trustee and the Holders of Junior 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 Junior Notes shall continue as though no such proceeding had been instituted.

Appears in 2 contracts

Samples: Deposit Agreement (Marconi Corp PLC), Deposit Agreement (Marconi Corp PLC)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 of Notes shall continue as though no such proceeding had been instituted.

Appears in 2 contracts

Samples: Indenture (Terex Corp), Indenture (Terex Corp)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Secured Parties shall continue as though no such proceeding Proceeding had been instituted.

Appears in 2 contracts

Samples: Indenture (Northstar Realty), Indenture (Northstar Realty)

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

Appears in 2 contracts

Samples: Trust Indenture and Security Agreement (Noble Drilling Corp), Trust Indenture and Security Agreement (Noble Drilling Corp)

Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has instituted any proceeding to enforce any right or remedy under this Indenture Agreement, any Security Document or any other Note Document 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 IssuerCompany, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and under such Security Document or any other Note Document and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.

Appears in 2 contracts

Samples: Indenture (Amerco /Nv/), Amerco /Nv/

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 IssuerCompany, 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 of Notes Noteholders shall continue as though no such proceeding had been instituted.

Appears in 2 contracts

Samples: Indenture (Fidelity Leasing Inc), Indenture (Fidelity Leasing Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Notes of the Senior Class 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 Issuer, 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 Noteholders shall continue as though no such proceeding had has been instituted.

Appears in 2 contracts

Samples: Indenture (Aerco LTD), Indenture (Morgan Stanley Aircraft Finance)

Restoration of Rights and Remedies. If the Trustee or any Holder of 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 Issuer, 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.

Appears in 2 contracts

Samples: Deposit Agreement (Marconi Corp PLC), Deposit Agreement (Marconi Corp PLC)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 each such Holder shall continue as though no such proceeding had been instituted.

Appears in 2 contracts

Samples: Commercial Federal Corp, Commercial Federal Corp

Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Notes of the Senior Class 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 Issuer, 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 has been instituted.

Appears in 2 contracts

Samples: Trust Indenture (Avolon Holdings LTD), Trust Indenture (AerCap Holdings N.V.)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 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.

Appears in 2 contracts

Samples: Indenture (BMB Munai Inc), Indenture (BMB Munai Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholder shall continue as though no such proceeding Proceeding had been instituted.

Appears in 2 contracts

Samples: Indenture (Monroe Capital Income Plus Corp), Indenture (Monroe Capital Income Plus Corp)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 of Notes shall, subject to any determination in such proceeding, the Issuer, 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.

Appears in 2 contracts

Samples: Level 3 Communications Inc, Level 3 Communications Inc

Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has instituted any proceeding to enforce any right or remedy under this Indenture or any Subordinated Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase Alderwoods, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, 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.

Appears in 2 contracts

Samples: Indenture (Loewen Group International Inc), Alderwoods Group Inc

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 has been instituted.

Appears in 2 contracts

Samples: Trust Indenture (Babcock & Brown Air LTD), Trust Indenture (Genesis Lease LTD)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding had Proceeding has been instituted.

Appears in 2 contracts

Samples: Servicing Agreement (Sunterra Corp), Sunterra Corp

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Appears in 2 contracts

Samples: Execution (Sutherland Asset Management Corp), Capitalsource Inc

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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.

Appears in 2 contracts

Samples: Mobile Telesystems Ojsc, Mobile Telesystems Ojsc

Restoration of Rights and Remedies. If the Trustee or any Holder of 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 Issuer, 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.

Appears in 1 contract

Samples: Senior Indenture (Head Nv)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 IssuerCompany, 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 Notes shall continue as though no such proceeding had been instituted.

Appears in 1 contract

Samples: Indenture (Mirant Americas Generating Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Debentureholder 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 HolderDebentureholder, then and in every such casecase the Company, the Trustee and the Debentureholders shall, subject to any determination in such proceedingproceedings, the Issuer, 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 Debentureholders shall continue as though no such proceeding had been instituted.

Appears in 1 contract

Samples: Nibco Inc

Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Secured 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 Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, 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 has been instituted.

Appears in 1 contract

Samples: R&b Falcon Corp

Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Debentureholder 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 HolderDebentureholder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes Debentureholders 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 Debentureholders shall continue as though no such proceeding had been instituted.

Appears in 1 contract

Samples: Indenture (Allied Waste Industries Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Appears in 1 contract

Samples: Dyncorp

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholder will continue as though no such proceeding Proceeding had been instituted.

Appears in 1 contract

Samples: Blackstone Private Credit Fund

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 IssuerCompany, 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 of Notes Noteholders shall continue as though no such proceeding had been instituted. Section 8.11.

Appears in 1 contract

Samples: Madison Gas & Electric Co

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Guarantors, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, 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 has been instituted.

Appears in 1 contract

Samples: Harperprints Inc

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Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Appears in 1 contract

Samples: Indenture and Servicing Agreement (Cendant Corp)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 IssuerCompany, 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 of Notes Noteholders shall continue as though no such proceeding had been instituted.

Appears in 1 contract

Samples: Wolverine Tube Inc

Restoration of Rights and Remedies. If the Trustee or any Holder of 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 IssuerCompany, 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.

Appears in 1 contract

Samples: Versatel Telecom Bv

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Appears in 1 contract

Samples: Indenture (Green Tree Financial Corp)

Restoration of Rights and Remedies. If the -------------------------------------- Trustee or any Holder of any 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 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 Issuer, 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 Secured Parties shall continue as though no such proceeding Proceeding had been instituted.

Appears in 1 contract

Samples: Aon Corp

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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.

Appears in 1 contract

Samples: Stuart Entertainment Inc

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 IssuerCompany, 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 of Notes shall continue as though no such proceeding had been instituted.

Appears in 1 contract

Samples: Indenture (American Greetings Corp)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.. 72 4140-8886-1733.4

Appears in 1 contract

Samples: Oportun Financial Corp

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 IssuerTrust, 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 of Notes shall Noteholders continue as though no such proceeding had been instituted.

Appears in 1 contract

Samples: Indenture (Copelco Capital Funding Corp Xi)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 IssuerCompany, 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 of Notes shall continue as though no such proceeding had been instituted.

Appears in 1 contract

Samples: Indenture (Cenveo, Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Secured 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, 108 subject to any determination in such proceedingproceedings, the IssuerIssuers, the Guarantors, the Trustee and the Holders of Secured 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 Secured Notes shall continue as though no such proceeding had has been instituted.

Appears in 1 contract

Samples: Intercreditor Agreement (Sinclair Broadcast Group Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 each such Holder shall continue as though no such proceeding had been instituted.

Appears in 1 contract

Samples: Third Supplemental Indenture (Triton Energy Corp)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Appears in 1 contract

Samples: Substitution; Hedge Agreement (CBRE Realty Finance Inc)

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

Appears in 1 contract

Samples: And Assignment Agreement (Madison Gas & Electric Co)

Restoration of Rights and Remedies. If the Trustee or ----------------------------------- any Holder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Appears in 1 contract

Samples: Pledge and Servicing Agreement (Fairfield Communities Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 case) the Issuer, the Trustee, and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, 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 Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Appears in 1 contract

Samples: Indenture (Redwood Trust Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Secured 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 Issuer, 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 has been instituted.

Appears in 1 contract

Samples: Pride International Inc

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Appears in 1 contract

Samples: Indenture (Asset Investors Corp)

Restoration of Rights and Remedies. If the Trustee or ---------------------------------- any Holder of any 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 Issuer, 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.

Appears in 1 contract

Samples: McLeodusa Inc

Restoration of Rights and Remedies. If the Trustee or ----------------------------------- any Holder of any 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 Issuer, 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.

Appears in 1 contract

Samples: Indenture (Azteca Holdings Sa De Cv)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Appears in 1 contract

Samples: Enron International Cpo Inc

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding had been instituted.

Appears in 1 contract

Samples: Oakwood Homes Corp

Restoration of Rights and Remedies. If the Trustee or any Holder of 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 Issuereircom 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.

Appears in 1 contract

Samples: Eircom Funding (Valentia Telecommunications)

Restoration of Rights and Remedies. If the Owner Trustee or any Holder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Appears in 1 contract

Samples: Fleetwood Credit Receivables Corp

Restoration of Rights and Remedies. If the Trustee or any Holder of 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 Issuer, 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.

Appears in 1 contract

Samples: Avery Berkel Holdings LTD

Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Secured 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 IssuerIssuers, the Guarantors, the Trustee and the Holders of Secured 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 Secured Notes shall continue as though no such proceeding had has been instituted.. 133

Appears in 1 contract

Samples: Collateral Agreement (Sinclair Broadcast Group Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder holder of any 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 Issuer, 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 holders shall continue as though no such proceeding had has been instituted.

Appears in 1 contract

Samples: Indenture (Doubleclick Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 has been instituted.

Appears in 1 contract

Samples: Indenture (Hvide Marine Inc)

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

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (R&b Falcon Corp)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Indenture Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Indenture Trustee, the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, 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 Indenture Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Appears in 1 contract

Samples: Oportun Financial Corp

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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. SECTION 6.12.

Appears in 1 contract

Samples: Ameristar Casinos Inc

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

Appears in 1 contract

Samples: Master Collateral and Security Agreement (Tultex Corp)

Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has the Noteholders have 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 Holderthe Noteholders, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, 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 Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Appears in 1 contract

Samples: Gehl Co

Restoration of Rights and Remedies. If the Trustee or any Holder Noteholder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding had has been instituted.

Appears in 1 contract

Samples: Indenture (Ironwood Pharmaceuticals Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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.

Appears in 1 contract

Samples: Indenture (Usn Communications Inc)

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

Appears in 1 contract

Samples: Castle Brands Inc

Restoration of Rights and Remedies. If the Trustee or any Holder holder of 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 IssuerCompany, 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.

Appears in 1 contract

Samples: Indenture (Central European Media Enterprises LTD)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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.

Appears in 1 contract

Samples: Indenture (Anchor Holdings Inc)

Restoration of Rights and Remedies. If the Trustee or any Holder of any 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 Issuer, 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 Noteholders shall continue as though no such proceeding Proceeding had been instituted.

Appears in 1 contract

Samples: Indenture (Americredit Corp)

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