Common use of Restoration of Rights on Abandonment of Proceedings Clause in Contracts

Restoration of Rights on Abandonment of Proceedings. In case the Trustee for the Securities of any Series shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Company and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Company, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 8 contracts

Samples: Indenture (Joy Global Inc), Joy Global Inc, Indenture (Office Depot Inc)

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Restoration of Rights on Abandonment of Proceedings. In case the Trustee for the Securities of any Series shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Company Company, the Guarantor and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Company, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 7 contracts

Samples: Senior Indenture (Alterra Finance LLC), Senior Indenture (Markel Corp), Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD)

Restoration of Rights on Abandonment of Proceedings. In case the Trustee for the Securities of any Series shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case case, subject to the determination in any such proceeding, the Company and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Company, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 4 contracts

Samples: Indenture (Wellpoint Health Networks Inc /Ca/), Indenture (FMC Corp), Whirlpool Corp /De/

Restoration of Rights on Abandonment of Proceedings. In case the Trustee for the Securities of any Series shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case case, subject to the Company determination in any such proceeding, the Issuer, Parent and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the CompanyIssuer, Parent, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 4 contracts

Samples: Indenture (Whirlpool Emea Finance S.A R.L.), Indenture (Whirlpool Corp /De/), Indenture (Whirlpool Corp /De/)

Restoration of Rights on Abandonment of Proceedings. In case If the Trustee for the Securities of any Series shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Company and the Trustee Trustee, subject to the determination in any such proceeding, shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Company, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 2 contracts

Samples: Indenture (Fluor Corp), Indenture (Fluor Corp)

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Restoration of Rights on Abandonment of Proceedings. In case the Trustee for the Securities of any Series shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Company and the Trustee shall be restored respectively restored, respectively, to their former positions and rights hereunder, and all rights, remedies and powers of the Company, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.

Appears in 2 contracts

Samples: Indenture (Fidelity National Financial, Inc.), Indenture (F&G Annuities & Life, Inc.)

Restoration of Rights on Abandonment of Proceedings. In case the Trustee Trustees for the Securities of any Series shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the TrusteeTrustees, then and in every such case the Company and the Trustee Trustees shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Company, the Trustee Trustees and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 1 contract

Samples: Kellogg Co

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