Common use of Restoration of Rights and Remedies Clause in Contracts

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture or the Guarantees 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Issuer, any Guarantor, any other obligor of the Notes, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture or any Guarantee 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, any Guarantor, any other obligor on the Notes, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

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

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

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 CompanyIssuer, the GuarantorGuarantor (if the Security is a Guaranteed Security), the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 GuarantorIssuers, the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Note or any Note Guarantee 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, each of the Guarantor, the Trustee and each such Holder the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon Guarantee 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 each Guarantor, the Trustee and each such Holder the Holders of Securities and Guarantees 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Supplemental 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 case the Company, any other obligor upon the GuarantorNotes, the Trustee and each such Holder the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture or the Note Guarantees 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, any other obligor of the Notes, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 GuarantorGuarantors, the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee Trustee, the Security Agent or any Holder of a Security or a Coupon 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 in a final judgment adversely to the Trustee or to the Security Agent or to such Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Issuer, any Guarantor, the Trustee, the Security Agent and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee Trustee, the Security Agent and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture or the Guarantees 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, any Guarantor, any other obligor of the Notes, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

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

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

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 CompanyIssuers, the Guarantor, the Trustee and each such Holder the Holders of Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, the Securities or any Guarantee 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 case, subject to any determination in such proceeding, the Company, the Guarantor, the Trustee and each such Holder shall, subject to any determination in such proceeding, the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had has been instituted.

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

Restoration of Rights and Remedies. If the Trustee for the Securities of any series or any Holder of a Security or a Coupon 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 such Trustee or to such Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, the Guarantor (in the case of Guaranteed Securities), such Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the such Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 GuarantorIssuer, the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.

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

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 CompanyOperating Partnership, the Guarantor, the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 GuarantorOperating Partnership, the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 GuarantorGuarantor (if applicable), the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 CompanyIssuer, the any Guarantor, the Trustee and each such Holder the Holders of Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

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

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon any series of Securities 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 such Trustee or to such Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Issuers, the Guarantors, if any, such Trustee and such Holder or Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the such Trustee and each such Holder or Holders shall continue as though no such proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 CompanyIssuer, the Guarantorany Guarantor (if applicable), the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any contractual right or remedy under this Indenture or a series of Securities 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, the Subsidiary Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all such contractual rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 GuarantorGuarantor (if applicable), the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, the Securities or any Guarantee 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Issuer, any Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture or any Guaranty 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Operating Partnership, the relevant Guarantor, the Trustee and Holders shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, the Securities or any Guarantee 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 case, subject to any determination in such proceeding, the Company, the Guarantor, the Trustee and each such Holder shall, subject to any determination in such proceeding, the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantoreach Guarantor (if applicable), the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 GuarantorIssuer, the Trustee and each such Holder the Holders of Securities and coupons shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, position hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 GuarantorGuarantors, the Trustee and each such Holder the Holders of Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any the Holder of a any Security or a Coupon 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 Guarantor, the Trustee and each such Holder the Holders of Securities and Coupons, if any, shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 CompanyOperating Partnership, the GuarantorGuarantor (if applicable), the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 CompanyApplicable Issuer, the Guarantorif such Security is a Guaranteed Security, the Trustee and each such Holder the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any a proceeding to enforce any right or remedy under this Indenture and such the proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such the Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallthen, subject to any determination in such the proceeding, the Company, any Subsidiary Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Company, 103 any Subsidiary Guarantors, the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Security or any Guarantee 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, each of the GuarantorGuarantors, the Trustee and each such Holder the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

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

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

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon any series of Securities 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Issuers, the Guarantors, if any, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and -44- thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Security or any Security Guarantee 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, each of the GuarantorGuarantors, the Trustee and each such Holder the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, as applicable, the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, the Guarantors, the Trustee and the Holders of Securities and Coupons shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Security or any Guarantee 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 each Guarantor, if any, the Trustee and each such Holder the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or ---------------------------------- any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Security or any Security Guarantee 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, each of the GuarantorGuarantors, the Trustee and each such Holder the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

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

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Securities and Coupons shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had has been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, the Trustee and each such Holder the Holders of Securities 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.

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

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

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

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, the Trustee and each such Holder the Holders of Securities and Coupons shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 CompanyOperating Partnership, the GuarantorGuarantor (if applicable), the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Security or any Guarantee 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, each of the Guarantor, the Trustee and each such Holder the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this First Lien 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceedingproceedings, the Company, the Co-Obligor, the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had has been instituted.

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

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

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