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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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 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 IssuerGuarantor, 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.

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.

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.

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 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, the Company, the Trustee and the Holders of such 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 such 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 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.

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.

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.

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.

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.

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 IssuerBorrower, 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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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

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.

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 -47- 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.

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.

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 proceedingproceedings, 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 has been instituted.

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 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 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.