Discontinuance of Proceedings. In case Mortgagee shall proceed to enforce any right, power or remedy under this Mortgage by foreclosure, entry or otherwise, and such proceedings shall be discontinued or abandoned for any reason, or shall be determined adversely to Mortgagee, then and in every such case Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceeding had been taken.
Appears in 54 contracts
Samples: Assignment and Assumption Agreement (CBRE Acquisition Holdings, Inc.), Abl Credit Agreement (Community Health Systems Inc), Intercreditor Agreement (Community Health Systems Inc)
Discontinuance of Proceedings. In case the Mortgagee shall proceed to enforce any right, power or remedy under this Mortgage by foreclosure, entry or otherwise, and such proceedings shall be discontinued or abandoned for any reason, or shall be determined adversely to the Mortgagee, then and in every such case the Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Mortgagee shall continue as if no such proceeding had been taken.
Appears in 9 contracts
Samples: Credit Agreement (ATD Corp), Credit Agreement (ATD Corp), Credit Agreement (American Tire Distributors Holdings, Inc.)
Discontinuance of Proceedings. In Subject to the terms of the Security Agreement, in case Mortgagee shall proceed to enforce any right, power or remedy under this Mortgage by foreclosure, entry or otherwise, and such proceedings shall be discontinued or abandoned for any reason, or shall be determined adversely to Mortgagee, then and in every such case Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceeding had been taken.
Appears in 3 contracts
Samples: Form of First Priority (Neiman Marcus, Inc.), Form of First Priority (Neiman Marcus Group Inc), Form of First Priority (Neiman Marcus Group Inc)
Discontinuance of Proceedings. In case Mortgagee shall proceed to enforce any right, power or remedy under this Mortgage by foreclosure, entry or otherwise, and such proceedings shall be discontinued or abandoned for any reason, or shall be determined adversely to Mortgagee, then and in every such case Mortgagor and Mortgagor, Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceeding had been taken.
Appears in 2 contracts
Samples: Credit Agreement (AssetMark Financial Holdings, Inc.), Credit Agreement (AssetMark Financial Holdings, Inc.)
Discontinuance of Proceedings. In case Mortgagee shall proceed to enforce any right, power or remedy under this Mortgage by foreclosure, entry or otherwise, and such proceedings shall be discontinued or abandoned for any reason, or shall be determined adversely to Mortgagee, then and in every such case and except as otherwise ordered by a court of competent jurisdiction, Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceeding had been taken.
Appears in 2 contracts
Samples: Intercreditor Agreement (Hawkeye Holdings, Inc.), Intercreditor Agreement (Hawkeye Holdings, Inc.)
Discontinuance of Proceedings. In case If Mortgagee shall proceed have proceeded to enforce any right, power or remedy under this Mortgage by foreclosure, power of sale, entry or otherwise, and such proceedings shall be have been discontinued or abandoned for any reason, or shall be have been determined adversely to Mortgagee, then and in every such case case, Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceeding proceedings had been takenoccurred.
Appears in 2 contracts
Samples: Security Agreement and Fixture Filing (Glimcher Realty Trust), Glimcher Realty Trust
Discontinuance of Proceedings. In case Mortgagee shall proceed have proceeded to enforce any right, power or remedy under this Mortgage Instrument by foreclosure, entry or otherwise, and such proceedings shall be have been discontinued or abandoned for any reason, or shall be have been determined adversely to Mortgagee, then and in every such case case, Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceeding proceedings had been takenoccurred.
Appears in 2 contracts
Samples: Mortgage and Security Agreement (Advocat Inc), Mortgage and Security Agreement (Advocat Inc)
Discontinuance of Proceedings. In case If the Mortgagee shall proceed commence any proceeding to enforce any right, power or remedy hereunder or under this Mortgage by foreclosure, entry the Note or otherwise, the other Loan Documents and such proceedings proceeding shall be discontinued or abandoned for any reason, or shall be determined adversely to Mortgagee, then and in every such case Mortgagor and Mortgagee the parties shall be restored to their former positions and rights hereunder, and all the rights, powers and remedies of the Mortgagee shall continue as if no such proceeding had been takencommenced.
Appears in 2 contracts
Samples: And Security Agreement (Sepracor Inc /De/), Mortgage and Security Agreement (Sepracor Inc /De/)
Discontinuance of Proceedings. In case the Mortgagee shall proceed have proceeded to enforce any right, power right or remedy under this Mortgage by foreclosure, entry or otherwise, and such proceedings shall be have been discontinued or abandoned for any reason, reason or shall be have been determined adversely to the Mortgagee, then and in every such case case, the Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Mortgagee shall continue as if no such proceeding had has been taken.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Marriott Hotel Properties LTD Partnership)
Discontinuance of Proceedings. In case Mortgagee shall proceed to enforce any right, power or remedy under this Mortgage by foreclosure, entry or otherwise, and such proceedings shall be discontinued or abandoned for any reason, or shall be determined adversely to Mortgagee, then and in every such case Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceeding had been taken.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Hawaiian Telcom Holdco, Inc.)
Discontinuance of Proceedings. In case the Mortgagee shall proceed have proceeded to enforce any right, power or remedy under this Mortgage by foreclosure, power of sale, entry or otherwise, and such proceedings shall be have been discontinued or abandoned for any reason, or shall be have been determined adversely to the Mortgagee, then and in every such case case, the Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Mortgagee shall continue as if no such proceeding proceedings had been takenoccurred.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (Mark Centers Trust)
Discontinuance of Proceedings. In case the event Mortgagee shall proceed to enforce any right, power or remedy under this Mortgage by foreclosure, entry or otherwise, and such proceedings shall be discontinued or abandoned for any reason, or shall be determined adversely to Mortgagee, then and in every such case Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceeding had been taken.
Appears in 1 contract
Discontinuance of Proceedings. In case If Mortgagee shall proceed have proceeded to enforce invoke any right, power remedy or remedy recourse permitted under this Mortgage by foreclosure, entry the Loan Documents and shall thereafter elect to discontinue or otherwise, and such proceedings shall be discontinued or abandoned abandon it for any reason, or shall be determined adversely to Mortgagee, then and to the extent permitted under applicable law, shall have the unqualified right to do so and, in every such case an event, Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceeding had been taken.with respect to the
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (Arrived Homes, LLC)
Discontinuance of Proceedings. In case the Mortgagee shall proceed to enforce any right, power or remedy under this Mortgage by foreclosure, entry or otherwise, and such proceedings shall be discontinued or abandoned for any reason, or shall be determined adversely to the Mortgagee, then and in every such case the Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Mortgagee shall continue as if no such proceeding had been taken.. 38
Appears in 1 contract
Samples: Security Agreement and Financing Statement (American Tire Distributors Holdings, Inc.)
Discontinuance of Proceedings. In case Mortgagee shall proceed to enforce any right, power or remedy under this Mortgage by foreclosure, entry or otherwiseother wise, and such proceedings shall be discontinued or abandoned for any reason, or shall be determined adversely to Mortgagee, then and in every such case Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceeding had been taken.
Appears in 1 contract
Samples: Credit Agreement (Fairchild Semiconductor International Inc)
Discontinuance of Proceedings. In case Mortgagee shall proceed have proceeded to enforce any right, power or remedy under this Mortgage by foreclosure, entry or otherwise, and such proceedings shall be have been discontinued or abandoned for any reason, or shall be have been determined adversely to Mortgagee, then and in every such case case, Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceeding proceedings had been takenoccurred.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Emeritus Corp\wa\)
Discontinuance of Proceedings. In case Mortgagee shall proceed to enforce any right, power or remedy under this Mortgage by foreclosure, entry foreclosure or otherwise, and such proceedings shall be discontinued or abandoned for any reason, or shall be determined adversely to Mortgagee, then and in every such case Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceeding had been taken.
Appears in 1 contract
