Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 1113 contracts
Sources: Indenture (Toyota Auto Receivables 2025-C Owner Trust), Indenture (Toyota Auto Receivables 2025-C Owner Trust), Indenture (Nissan Auto Receivables 2025-a Owner Trust)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 182 contracts
Sources: Indenture (Carmax Auto Funding LLC), Indenture (CarMax Auto Owner Trust 2025-3), Indenture (Carmax Auto Funding LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerIssuing Entity, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 171 contracts
Sources: Indenture (World Omni Auto Receivables Trust 2025-C), Indenture (World Omni Auto Receivables Trust 2025-C), Indenture (CNH Equipment Trust 2025-B)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder 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 NoteholderHolder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders Holders shall continue as though no such Proceeding had been instituted.
Appears in 146 contracts
Sources: Indenture (Centerpoint Energy Houston Electric LLC), Indenture (Duke Energy Carolinas SC Storm Funding LLC), Indenture (SCE Recovery Funding LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 94 contracts
Sources: Indenture (Harley Davidson Motorcycle Trust 2025-A), Indenture (Harley Davidson Motorcycle Trust 2025-A), Indenture (Harley-Davidson Customer Funding Corp.)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any 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 Indenture Trustee or to such the Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Credit Enhancer, and the Noteholders shall, subject to any determination in such the Proceeding, be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 65 contracts
Sources: Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D), Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E), Indenture (CWABS Revolving Home Equity Loan Trust, Series 2004-N)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 34 contracts
Sources: Indenture (Horizon Technology Finance Corp), Indenture (Horizon Technology Finance Corp), Indenture (Horizon Technology Finance Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallNoteholders, subject to any determination in such Proceeding, will be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter subsequently all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding had been instituted.
Appears in 34 contracts
Sources: Indenture (Ford Credit Auto Lease Trust 2014-A), Indenture (Ford Credit Auto Lease Trust 2014-A), Indenture (Ford Credit Auto Owner Trust 2014-A)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Bondholder 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 NoteholderBondholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Bondholders 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 the Noteholders Bondholders shall continue as though no such Proceeding had been instituted.
Appears in 32 contracts
Sources: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Impac CMB Trust Series 2005-8), Indenture (IMPAC CMB Trust Series 2005-5)
Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Insurer or any 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 Indenture Trustee Trustee, the Insurer or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Insurer and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 32 contracts
Sources: Indenture (Onyx Acceptance Owner Trust 2005-A), Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 31 contracts
Sources: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Noteholder, then and and, in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 27 contracts
Sources: Omnibus Amendment (Bluegreen Vacations Corp), Indenture (Bluegreen Vacations Holding Corp), Indenture (Bluegreen Vacations Holding Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their respective former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 24 contracts
Sources: Indenture (Home Loan Trust 2006-Hi5), Indenture (Home Loan Trust 2006-Hi1), Indenture (Home Loan Trust 2006-Hi4)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallNoteholders, subject to any determination in such Proceeding, will be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding had been instituted.
Appears in 23 contracts
Sources: Indenture (Commercial Credit, Inc.), Indenture (Commercial Credit, Inc.), Indenture (Commercial Credit, Inc.)
Restoration of Rights and Remedies. If the Indenture ---------------------------------- Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 23 contracts
Sources: Indenture (Provident Bank), Indenture (World Omni Auto Receivables LLC), Indenture (Signet Bank Maryland)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Noteholder 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 the Noteholders Noteholder shall continue as though no such Proceeding had been instituted.
Appears in 17 contracts
Sources: Indenture (Apollo Debt Solutions BDC), Indenture (GOLUB CAPITAL BDC, Inc.), Indenture (Apollo Debt Solutions BDC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder holder of 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 Indenture Trustee or to such Noteholderholder of Notes, then and in every such case the Issuer, the Indenture Trustee and the Noteholders holders of the Notes 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 the Noteholders holders of the Notes shall continue as though no such Proceeding had been instituted.
Appears in 16 contracts
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 be adverse to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 16 contracts
Sources: Indenture (NovaStar Certificates Financing LLC), Indenture (Accredited Mortgage Loan Trust 2005-1), Indenture (Accredited Mortgage Loan Trust 2004-4)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Noteholder 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 15 contracts
Sources: Master Indenture (United States Cellular Corp), Indenture (Electronic Data Systems Corp /De/), Master Indenture (Compucredit Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Noteholder, then and in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 15 contracts
Sources: Indenture (Diamond Resorts International, Inc.), Indenture (Diamond Resorts International, Inc.), Indenture (Diamond Resorts International, Inc.)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 14 contracts
Sources: Master Indenture (Smurfit-Stone Container Enterprises Inc), Indenture (Wells Fargo Financial Auto Owner Trust 2005-A), Indenture (Ace Sec Corp Wells Fargo Financial Auto Owner Trust 2004-A)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued discontinued, waived, rescinded or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case case, subject to any determination in such proceeding, the IssuerIssuers, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 14 contracts
Sources: Master Indenture (FrontView REIT, Inc.), Master Indenture (American Finance Trust, Inc), Master Indenture
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerIssuing Entity, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their respective former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 13 contracts
Sources: Indenture (Carvana Auto Receivables Trust 2022-P1), Indenture (Carvana Auto Receivables Trust 2022-P1), Indenture (Carvana Auto Receivables Trust 2021-P4)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 13 contracts
Sources: Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then (and in every such case case) the Issuer, the Indenture Trustee Co-Issuer, the Trustee, and the Noteholders Noteholder 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 12 contracts
Sources: Indenture (TPG RE Finance Trust, Inc.), Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their respective former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 9 contracts
Sources: Indenture (Navistar Financial Retail Receivables Corporation), Indenture (Capital Auto Receivables Inc), Indenture (Central Originating Lease Trust)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder 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 NoteholderHolder, then and in every such case the Note Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders Holders shall continue as though no such Proceeding had been instituted.
Appears in 9 contracts
Sources: Indenture (Comed Funding LLC), Indenture (Comed Funding LLC), Indenture (Comed Funding LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder 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 NoteholderHolder, then and in every such case the IssuerTrust, the Indenture Trustee and the Noteholders each such Holder shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders each such Holder shall continue as though no such Proceeding proceeding had been instituted.
Appears in 9 contracts
Sources: Omnibus Instrument (Protective Life Insurance Co), Omnibus Instrument (Protective Life Insurance Co), Omnibus Instrument (Protective Life Insurance Co)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee Trustee, the Note Insurer or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Note Insurer and the Noteholders 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 Trustee, the Note Insurer and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 8 contracts
Sources: Indenture (Superior Bank FSB Afc Mortgage Ln Asset Bk Notes Ser 1999-3), Indenture (Pacificamerica Money Center Inc), Indenture (Pacificamerica Money Center Inc)
Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Note Insurer or any 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 reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Note Insurer and the Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 8 contracts
Sources: Indenture and Servicing Agreement (MCM Capital Group Inc), Indenture and Servicing Agreement (MCM Capital Group Inc), Indenture and Servicing Agreement (MCM Capital Group Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any 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 Indenture Trustee or to such the Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallNoteholders, subject to any determination in such the Proceeding, will be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter subsequently all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding had been instituted.
Appears in 8 contracts
Sources: Indenture (Ford Credit Auto Owner Trust 2015-B), Indenture (Ford Credit Auto Owner Trust 2015-B), Indenture (Ford Credit Auto Owner Trust 2015-A)
Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Insurer or any 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 Trustee, the Insurer or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallcase, subject to any determination in such Proceedingproceeding, the Issuer, the Trustee, the Insurer and the Noteholders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee Trustee, the Insurer and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 8 contracts
Sources: Indenture (Ikon Receivables LLC), Indenture (Ikon Receivables LLC), Indenture (Ikon Receivables LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders or such Noteholder 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 8 contracts
Sources: Omnibus Amendment (Conns Inc), Omnibus Amendment (Conns Inc), Indenture (Conns Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their respective former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 7 contracts
Sources: Underwriting Agreement (Goldman Sachs Asset Backed Securities Corp), Indenture (Wodfi LLC), Indenture (Asset Backed Securities Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then then, and in every such case case, the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 7 contracts
Sources: Indenture (Sunnova Energy International Inc.), Indenture (Bay View Capital Corp), Indenture (Americredit Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Noteholdernoteholder, then and and, in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 7 contracts
Sources: Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any 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 Indenture Trustee or to such the Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallNoteholders, subject to any determination in such the Proceeding, will be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter subsequently all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding had been instituted.
Appears in 7 contracts
Sources: Indenture (Ford Credit Auto Lease Trust 2015-B), Indenture (Ford Credit Auto Lease Trust 2015-B), Indenture (Ford Credit Auto Lease Trust 2015-A)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued discontinued, waived, rescinded or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 6 contracts
Sources: Master Indenture (Cim Real Estate Finance Trust, Inc.), Indenture (Manhattan Bridge Capital, Inc), Indenture (Impac Mortgage Holdings Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder or Certificateholder 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 NoteholderNoteholder or Certificateholder, then and in every such case the Issuer, the Indenture Trustee and Trustee, the Noteholders and Certificateholders 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 the Noteholders and Certificateholders shall continue as though no such Proceeding had been instituted.
Appears in 6 contracts
Sources: Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture or any Indenture Supplement and such Proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 6 contracts
Sources: Omnibus Amendment (Domus Holdings Corp), Omnibus Amendment (NRT Settlement Services of Missouri LLC), Omnibus Amendment (Realogy Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder holder of 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 Indenture Trustee or to such Noteholderholder of the Notes, then and in every such case the Issuer, the Indenture Trustee and the Noteholders holders of the Notes 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 the Noteholders holders of the Notes shall continue as though no such Proceeding had been instituted.
Appears in 6 contracts
Sources: Indenture (Keycorp Student Loan Trust 2000-A), Indenture (Keycorp Student Loan Trust 2000-B), Indenture (Key Bank Usa National Association)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallNoteholder will, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding proceeding had been instituted.
Appears in 6 contracts
Sources: Indenture (Ford Credit Floorplan Corp), Indenture (Ford Credit Floorplan LLC), Indenture (Nissan Wholesale Receivables Corp Ii)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Bondholder 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 Indenture Trustee or to such NoteholderBondholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Bondholders 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 the Noteholders Bondholders shall continue as though no such Proceeding had been instituted.
Appears in 6 contracts
Sources: Indenture, Indenture (Fund America Investors Corp Ii), Indenture (Aames Capital Acceptance Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though through no such Proceeding proceeding had been instituted.
Appears in 5 contracts
Sources: Indenture (Chase Manhattan Bank Usa), Indenture (Chase Credit Card Master Trust), Indenture (Chase Credit Card Master Trust)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under in accordance with the terms of this Indenture and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely adverse to the Indenture Trustee or to such Noteholder, then and in every such case the Issuercase, the Indenture Trustee and the Noteholders 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 the Noteholders hereunder shall continue as though no such Proceeding had has been instituted.
Appears in 5 contracts
Sources: Indenture (First Sierra Receivables Iii Inc), Indenture (First Sierra Receivables Iii Inc), Indenture (First Sierra Receivables Iii Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this the Indenture and such Proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 5 contracts
Sources: Base Indenture (Enova International, Inc.), Base Indenture Amendment (On Deck Capital, Inc.), Base Indenture (On Deck Capital, Inc.)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Noteholders has instituted any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 5 contracts
Sources: Indenture (Heller Funding Corp), Indenture (Orix Credit Alliance Receivables Trust 1999-A), Indenture (Newcourt Receivables Corp Ii)
Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Insurer or any 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 Indenture Trustee Trustee, the Insurer or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Insurer and the Noteholders 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 Trustee, the Insurer and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 5 contracts
Sources: Indenture and Servicing Agreement (Cendant Corp), Indenture and Servicing Agreement (Wyndham Worldwide Corp), Indenture and Servicing Agreement (Wyndham Worldwide Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Noteholders has instituted any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though through no such Proceeding had been instituted.
Appears in 4 contracts
Sources: Indenture (Eaglemark Inc), Indenture (Eaglemark Inc), Indenture (Heller Funding Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerOwner Trustee, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Sources: Indenture (Capital One Auto Receivables Trust 2001-B), Indenture (Capital One Auto Receivables LLC), Indenture (Capital One Auto Finance Trust 2002-A)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this the Indenture and such Proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Noteholder 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Sources: Master Indenture (First National Funding LLC), Master Indenture (First National Funding LLC), Master Indenture (First National Master Note Trust)
Restoration of Rights and Remedies. If the ---------------------------------- Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Sources: Indenture (Greenpoint Credit LLC), Indenture (Ace Securities Corp), Indenture (World Omni Auto Receivables LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee Trustee, or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Co-Issuer, the Trustee, and the Noteholders Noteholder 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 Trustee, and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Sources: Indenture (Gramercy Capital Corp), Indenture (Gramercy Capital Corp), Indenture (Gramercy Capital Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Enhancer, the Indenture Trustee Trustee, and the Noteholders 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 Trustee, the Enhancer and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Sources: Indenture (Bear Stearns Asset Backed Securities Inc), Indenture (Bear Stearns Asset Backed Securities Inc), Indenture (Irwin Home Equity Loan Trust 2004-1)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and or the Noteholders Noteholder 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Sources: Master Indenture, Master Indenture (Atlanticus Holdings Corp), Master Indenture (Atlanticus Holdings Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder or Certificateholder 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 NoteholderNoteholder or Certificateholder, then and in every such case the Issuer, the Indenture Trustee and Trustee, the Noteholders and Certificateholders 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 Trustee, the Noteholders and Certificateholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Sources: Base Indenture (Oportun Financial Corp), Base Indenture (Oportun Financial Corp), Base Indenture (Oportun Financial Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Sources: Indenture (Irwin Whole Loan Home Equity Trust 2005-A), Indenture (Bear Stearns Asset Backed Securities Inc), Indenture (Irwin Whole Loan Home Equity Trust 2004 A)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder of 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 reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, Holder of the Notes then and in every such case the Issuer, the Indenture Trustee and such Holder of the Noteholders Notes 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 the Noteholders Holders of the Notes shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Sources: Indenture (FS Energy & Power Fund), Indenture (FS Investment Corp III), Indenture (FS Investment Corp II)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerIssuing Entity, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Sources: Indenture (World Omni LT), Indenture (World Omni LT), Indenture (World Omni Auto Leasing LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Senior 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 Indenture Trustee or to such Senior Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Senior Noteholders 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 the Senior Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Sources: Indenture (BMW Vehicle Lease Trust 2000-A), Indenture (Ryder Truck Rental I Lp), Indenture (Ryder Truck Rental I Lp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Investor Noteholder has instituted any Proceeding to enforce any right or remedy under this the Indenture and such Proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Investor Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Investor Noteholders 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 the Investor Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Sources: Base Indenture (PHH Corp), Base Indenture (PHH Corp), Base Indenture (Goodyear Tire & Rubber Co /Oh/)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case case, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter thereafter, all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Sources: Indenture (Peoples Choice Home Loan Securities Trust Series 2005-4), Indenture (Peoples Choice Home Loan Securities Trust Series 2005-2), Indenture (Peoples Choice Home Loan Securities Trust Series 2005-3)
Restoration of Rights and Remedies. If the Indenture Trustee ---------------------------------- or any 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 abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Noteholder 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Sources: Master Indenture (Spiegel Inc), Master Indenture (Spiegel Master Trust), Master Indenture (Spiegel Master Trust)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder of Equipment Notes has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture 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 NoteholderHolder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had proceeding has been instituted.
Appears in 3 contracts
Sources: Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and Servicing Agreement 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 Noteholder, then and in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 3 contracts
Sources: Third Amended and Restated Indenture and Servicing Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture and Servicing Agreement (Marriott Vacations Worldwide Corp), Indenture and Servicing Agreement (Marriott Vacations Worldwide Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Noteholder 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Sources: Master Indenture (Alliance Data Systems Corp), Master Indenture (World Financial Network Credit Card Master Trust), Master Indenture (World Financial Network Credit Card Master Trust)
Restoration of Rights and Remedies. If the Indenture ---------------------------------- Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerOwner Trustee, the Owner Trust Estate, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their respective former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Sources: Indenture (Navistar Financial Retail Receivables Corporation), Indenture (Navistar Financial Retail Receivables Corporation), Indenture (Navistar Financial Retail Receivables Corporation)
Restoration of Rights and Remedies. If the Indenture Trustee or any Investor 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 Indenture Trustee or to such Investor Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Investor Noteholders 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 the Investor Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Sources: Base Indenture (PHH Corp), Supplemental Indenture (Greyhound Funding LLC), Base Indenture (Greyhound Funding LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture Agreement or any Series Supplement and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Sources: Master Indenture and Servicing Agreement (Cendant Corp), Master Indenture and Servicing Agreement (Wyndham Worldwide Corp), Master Indenture and Servicing Agreement (Cendant Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any 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 Indenture Trustee or to such the Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, and the Noteholders shall, subject to any determination in such the Proceeding, be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Sources: Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2007-G), Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2006-A), Indenture (CWHEQ, Inc.)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallcase, subject to any determination in such Proceedingproceeding, Issuer, Indenture Trustee and the Noteholders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 3 contracts
Sources: Indenture (Provident Lease Receivables Corp), Indenture (Provident Lease Receivables Corp), Indenture (Provident Lease Receivables Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee Trustee, the Insurer or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Insurer and the Noteholders 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 Trustee, the Insurer and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Sources: Indenture (Home Equity Mortgage Trust 2006-2), Indenture (Home Equity Mortgage Trust 2007-1), Trust Agreement (American Home Mortgage Investment Trust 2005-4)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder has instituted any Proceeding proceeding to enforce any right or remedy under this the 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 NoteholderHolder, then and in every such case the IssuerTrust, the Indenture Trustee and the Noteholders each such Holder shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunderunder the Indenture, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders each such Holder shall continue as though no such Proceeding proceeding had been instituted.
Appears in 3 contracts
Sources: Omnibus Instrument (Principal Life Insurance Co), Omnibus Instrument (Principal Life Insurance Co), Omnibus Instrument (Principal Life Insurance Co)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Sources: Indenture (Wells Fargo Asset Securities Corp), Indenture (Mid State Homes Trust Xi), Indenture (Mid State Capital Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Irwin Home Equity Loan Trust 2005-1), Indenture (Bear Stearns Asset Backed Sec Inc Irwin Home Eq Lo Tr 2001-2)
Restoration of Rights and Remedies. If the Indenture Trustee ---------------------------------- or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Deutsche Recreational Asset Funding Corp), Indenture (Deutsche Recreational Asset Funding Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Master Indenture and such Proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Noteholder 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Sources: Master Indenture (Nordstrom Inc), Master Indenture (Nordstrom Inc)
Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Insurer or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture or the Series Supplement and such Proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholderreason, then and in every such case the Issuer, the Indenture Trustee Trustee, the Insurer and the related Noteholders 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 Trustee, the Insurer and the related Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Household Auto Receivables Corp), Indenture (Household Auto Receivables Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Noteholder, then and and, in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to 57 their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (BFC Financial Corp), Indenture (BBX Capital Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Noteholder, then and in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Acc Consumer Finance Corp), Indenture (Chevy Chase Bank FSB)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerOwner Trustee, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Bond Securitization LLC), Indenture (M&i Auto Loan Trust 2002-1)
Restoration of Rights and Remedies. If the Indenture Trustee or any Senior 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 Indenture Trustee or to such Senior Noteholder, then and in every such case the IssuerLease Trust, the Indenture Trustee and the Senior Noteholders 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 the Senior Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.. 26 (Nissan 2014-B Indenture)
Appears in 2 contracts
Sources: Indenture (Nissan Auto Receivables 2014-B Owner Trust), Indenture (Nissan Auto Receivables 2014-B Owner Trust)
Restoration of Rights and Remedies. If the Indenture Collateral Trustee or any Noteholder Holder 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 Indenture Collateral Trustee or to such NoteholderHolder, then and in every such case the Issuer, the Indenture Collateral Trustee and the Noteholders 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 Issuer, the Collateral Trustee and the Noteholders Holder shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture and Security Agreement (PennantPark Floating Rate Capital Ltd.), Indenture and Security Agreement (PennantPark Floating Rate Capital Ltd.)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the IssuerCo-Issuers, the Indenture Trustee and the Noteholders or such Noteholder 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (New Residential Investment Corp.), Indenture (Springleaf Finance Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.. 26 (Nissan 2015-A Indenture)
Appears in 2 contracts
Sources: Indenture (Nissan Auto Receivables Corp Ii), Indenture (Nissan Auto Receivables Corp Ii)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerIssuing Entity, the Indenture Trustee Trustee, and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Bear Stearns Asset Backed Securities I LLC), Indenture (Bear Stearns Asset Backed Securities I LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Trustee, the Insurer and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (HFC Revolving Corp Household Home Equity Loan Trust 2002 4), Indenture (HFC Revolving Corp Household Home Equity Loan Trust 2002-3)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 abandoned, or has been determined adversely to the Indenture Trustee or to such NoteholderNoteholder for any reason, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallwill, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Navistar Financial Dealer Note Master Trust), Indenture (Navistar Financial Dealer Note Master Trust)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has shall have instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has shall have been discontinued or abandoned for any reason or has shall have been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Bay View Deposit CORP), Indenture (Bay View Deposit CORP)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Noteholder, then and in every such case the IssuerTrust, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Saul B F Real Estate Investment Trust), Indenture (Saul B F Real Estate Investment Trust)
Restoration of Rights and Remedies. If the Indenture Collateral Trustee or any Noteholder Debtholder 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 Indenture Collateral Trustee or to such NoteholderDebtholder, then and in every such case the Issuer, the Indenture Collateral Trustee and the Noteholders Debtholder 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 Collateral Trustee and the Noteholders Debtholder shall continue as though no such Proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Noteholder 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. 19914942.3 If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (Credit Acceptance Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee KL2 3395391.6 or to such Noteholder, then then, and in every such case case, the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerIssuers, the Indenture Trustee and the Noteholders Noteholder 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and 112 such Proceeding proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the IssuerOwner Trustee, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Indenture ------------------------------------ Trustee or any Noteholder Noteholders has instituted any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Note Holder 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 NoteholderNote Holder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Note 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 Indenture Trustee and the Noteholders Note Holders shall continue as though no such Proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (Onyx Acceptance Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture Indenture, any Note or the Guarantee, 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 Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallcase, subject to any determination in such Proceedingproceeding, the Company, the Guarantors, the Trustee and the Noteholders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 1 contract