Common use of Restoration of Rights and Remedies Clause in 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.

Appears in 1066 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2024-A), Indenture (Mercedes-Benz Auto Lease Trust 2024-A), Indenture (BMW Vehicle Owner Trust 2023-A)

AutoNDA by SimpleDocs

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 166 contracts

Samples: Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (CarMax Auto Owner Trust 2024-2), 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 157 contracts

Samples: Indenture (World Omni Auto Receivables Trust 2024-B), Indenture (CNH Equipment Trust 2024-B), Indenture (CNH Equipment Trust 2024-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 113 contracts

Samples: Indenture (PG&E Recovery Funding LLC), Indenture (Duke Energy Progress SC Storm Funding LLC), Indenture (Duke Energy Progress SC Storm 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 93 contracts

Samples: Indenture (Harley-Davidson Motorcycle Trust 2024-A), Indenture (Harley-Davidson Motorcycle Trust 2024-A), Indenture (Harley-Davidson Motorcycle Trust 2023-B)

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

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E), Custodial Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-D)

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

Samples: 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 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 33 contracts

Samples: Indenture (Horizon Technology Finance Corp), Indenture (Horizon Technology Finance Corp), Indenture (Hercules Capital, Inc.)

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

Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (IMPAC CMB Trust Series 2005-5), Servicing Agreement (Impac CMB Trust Series 2005-8)

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

Samples: Onyx Acceptance Owner Trust 2005-A, Indenture (Onyx Acceptance Financial Corp), Indenture (Uacsc 1999-B Owner Tr Auto Rec Bk Notes)

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 28 contracts

Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), 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

Samples: Note Funding Agreement (Bluegreen Vacations Corp), Indenture (Bluegreen Vacations Holding Corp), BXG Timeshare (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

Samples: Home Loan Trust 2006-Hi5, Residential Funding Mortgage Securities Ii Inc, 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

Samples: 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

Samples: Indenture (Financial Asset Securities Corp), Indenture (Firstplus Investment Corp), Master Servicing Agreement (Provident Bank)

Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Note 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 be adverse to the Indenture Trustee Trustee, the Note Insurer or to such Noteholder, then and in every such case the IssuerIndenture Trustee, the Indenture Trustee 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 23 contracts

Samples: Indenture (Accredited Mortgage Loan Trust 2003-3), Indenture (Accredited Home Lenders Inc Mortgage Loan Trust 2004-1), Indenture (Accredited Mortgage Loan Trust 2003-2)

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 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 19 contracts

Samples: Indenture and Servicing Agreement (Travel & Leisure Co.), Indenture and Servicing Agreement (Travel & Leisure Co.), Indenture and Servicing Agreement (Wyndham Destinations, 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 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

Samples: Indenture (Accredited Mortgage Loan Trust 2006-2), Indenture (Accredited Mortgage Loan Trust 2004-4), Indenture (Accredited Mortgage Loan REIT Trust)

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

Samples: www.capitaliq.spglobal.com, www.capitaliq.spglobal.com, www.snl.com

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

Samples: 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 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

Samples: Uscc Master Note (United States Cellular Corp), Master Indenture (Compucredit Corp), Indenture (Electronic Data Systems Corp /De/)

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

Samples: Master Indenture (Smurfit-Stone Container Enterprises Inc), Satisfaction and Discharge of Indenture (Ace Sec Corp Wells Fargo Financial Auto Owner Trust 2004-A), Wells Fargo Financial Auto Owner Trust 2005-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 13 contracts

Samples: Master Indenture (American Finance Trust, Inc), Master Indenture, Master Indenture (STORE 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 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

Samples: 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

Samples: Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD)

Restoration of Rights and Remedies. If the Indenture Senior Trustee or any Noteholder of the Senior Class of 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 or has been determined adversely to the Indenture Senior Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Senior 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 Senior Trustee and the Noteholders shall continue as though no such Proceeding had proceeding has been instituted.

Appears in 12 contracts

Samples: Indenture (Zealand Pharma a/S), Indenture (Zealand Pharma a/S), Indenture (Alexza Pharmaceuticals 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 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 11 contracts

Samples: Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc), Arbor (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

Samples: Exhibit 99 (First Security Auto Owner Trust 1999 1), Indenture (Navistar Financial Retail Receivables Corporation), 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

Samples: Indenture (Comed Funding LLC), Indenture (Comed Funding LLC), Indenture (Illinois Power Securitization Limited Liability Co)

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

Samples: Assignment and Servicing Agreement (Ikon Receivables LLC), Assignment and Servicing Agreement (Ikon Receivables LLC), Assignment and Servicing Agreement (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 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

Samples: 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 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

Samples: Default And (Afc Mortgage Loan Asset Backed Notes Series 2000-1), Indenture (Superior Bank FSB Afc Mort Ln Asset Backed Notes Ser 2000 2), Indenture (Pacificamerica Money Center 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 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

Samples: Note Purchase Agreement (Conns Inc), Note Purchase Agreement (Conns Inc), 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 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

Samples: 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 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

Samples: 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 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

Samples: Underwriting Agreement (Goldman Sachs Asset Backed Securities Corp), Indenture (Wholesale Auto Receivables Corp), Indenture (Wholesale Auto 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 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

Samples: Sunnova Energy International Inc., Contribution Agreement (Americredit Corp), Bay View 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 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

Samples: Indenture (Ford Credit Floorplan LLC), Ford Credit Floorplan Corp, Indenture (Nissan Wholesale Receivables Corp Ii)

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

Samples: 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

Samples: Receivables Purchase Agreement (Domus Holdings Corp), Purchase Agreement (Realogy Corp), Purchase Agreement (NRT Settlement Services of Missouri LLC)

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

Samples: Master Indenture (Cim Real Estate Finance Trust, Inc.), Indenture (Manhattan Bridge Capital, Inc), Trust Agreement (Impac Mortgage Holdings 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 reason, or has been determined adversely to the Indenture Trustee or to such NoteholderPerson who instituted the Proceeding, 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 has been instituted.

Appears in 5 contracts

Samples: Indenture (Iconix Brand Group, Inc.), Iconix Brand Group, Inc., Indenture (Iconix Brand Group, 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 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

Samples: Indenture and Servicing Agreement (Cendant Corp), Indenture and Servicing Agreement (Wyndham Worldwide Corp), Indenture and Servicing Agreement (Cendant 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 no such Proceeding had been instituted.

Appears in 5 contracts

Samples: Heller Equipment (Heller Funding Corp Ii), Indenture (Heller Funding Corp), Fidelity Leasing Inc

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 5 contracts

Samples: Indenture (Equity Inns Inc), Schedules And (Aames Capital Acceptance Corp), Indenture (Fund America Investors 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 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

Samples: Base Indenture (Enova International, Inc.), Backup Servicing Agreement (On Deck Capital, Inc.), On Deck Capital, 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 through no such Proceeding proceeding had been instituted.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Chase Credit Card Master Trust), Indenture (Chase Manhattan Bank Usa), Form of Indenture (Chase Manhattan Bank Usa)

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

Samples: Note Purchase Agreement (HPSC Inc), First Sierra Receivables Iii Inc, HPSC 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 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

Samples: 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 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

Samples: Master Indenture, Master Indenture (Atlanticus Holdings Corp), Master Indenture (Atlanticus Holdings 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 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

Samples: 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 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

Samples: Intercreditor Agreement (Oportun Financial Corp), Intercreditor Agreement (Oportun Financial Corp), 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 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

Samples: Bear Stearns Asset Backed Securities Inc, Bear Stearns Asset Backed Securities Inc, 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 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

Samples: Servicing Agreement (Capital One Auto Receivables LLC), Capital One Auto Finance Trust 2002-A, Capital One Auto Finance Trust 2002-C

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

Samples: Indenture (World Omni Auto Receivables LLC), Servicing Agreement (Greenpoint Credit LLC), Indenture (SLM 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 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

Samples: Irwin Whole Loan Home Equity Trust 2005-A, Indenture (Irwin Whole Loan Home Equity Trust 2004 A), Indenture (Bear Stearns Asset Backed Securities 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 through no such Proceeding had been instituted.

Appears in 4 contracts

Samples: Eaglemark Inc, Heller Funding Corp, Heller Funding Corp

Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder of Class A Notes has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture Master 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

Samples: Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries 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 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 3 contracts

Samples: Gramercy Real (Gramercy Capital Corp), Cdo Servicing Agreement (Gramercy Capital Corp), Marathon Real Estate Finance, Inc.

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

Samples: 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

Samples: Indenture and Servicing Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture and Servicing Agreement (Marriott Vacations Worldwide Corp), Indenture and Servicing Agreement (Marriott Vacations Worldwide Corp)

AutoNDA by SimpleDocs

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

Samples: Base Indenture (PHH Corp), Base Indenture (PHH Corp), 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

Samples: Indenture (Peoples Choice Home Loan Securities Trust Series 2005-3), Indenture (Peoples Choice Home Loan Securities Trust Series 2005-2), Peoples Choice Home Loan Securities Trust Series 2005-4

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 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

Samples: Indenture (Navistar Financial Retail Receivables Corporation), Indenture (Navistar Financial Retail Receivables Corporation), Navistar Financial Retail Receivables Corporation

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

Samples: 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 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

Samples: Indenture (PHH Corp), Indenture (Greyhound Funding LLC), 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 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

Samples: 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 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

Samples: License Agreement (Principal Life Insurance Co), License Agreement (Principal Life Insurance Co), License Agreement (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 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

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-G), Custodial Agreement (CWHEQ, Inc.), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-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 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 Trustee, the Facility Administrator 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 Facility Administrator and the Noteholders shall continue as though no such Proceeding had been instituted.

Appears in 3 contracts

Samples: Indenture (Bluegreen Corp), Bluegreen Corp, Bluegreen 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

Samples: Master Agreement (Home Equity Mortgage Trust 2006-2), Trust Agreement (American Home Mortgage Investment Trust 2005-4), Home Equity Mortgage Trust 2007-1

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 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

Samples: Mid State Capital Corp, Mid State Homes Trust Xi, Wells Fargo Asset 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 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

Samples: 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 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.. SECTION 5.9

Appears in 3 contracts

Samples: Mmca Auto Receivables Inc, Mmca Auto Receivables Inc, Daimler Benz Vehicle Receivables Corp

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

Samples: Ryder Truck Rental I Lp, BMW Vehicle Lease Trust 2000-A, Ryder Truck Rental I Lp

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

Samples: 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 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

Samples: Indenture (Deutsche Recreational Asset Funding Corp), 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 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

Samples: 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 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

Samples: BXG Receivables Note (BFC Financial Corp), BXG Receivables Note (BBX 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 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

Samples: Indenture (HFC Revolving Corp Household Home Equity Loan Trust 2002 4), 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 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, 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, and the related Noteholders shall continue as though no such Proceeding proceeding had been instituted.

Appears in 2 contracts

Samples: Household Auto Receivables Corp, 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 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

Samples: Indenture (Acc Consumer Finance Corp), Chevy Chase Bank FSB

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

Samples: Indenture (Saul B F Real Estate Investment Trust), Saul B F Real Estate Investment 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 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

Samples: Material Definitive Agreement (Bear Stearns Asset Backed Securities I LLC), Material Definitive Agreement (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 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

Samples: Master Indenture (Nordstrom Inc), Master Indenture (Nordstrom Inc)

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

Samples: Indenture (Fcal LLC), Indenture (RCL Trust 1996 1)

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

Samples: Pooling and Servicing Agreement (Navistar Financial Dealer Note Master Trust), Pooling and Servicing Agreement (Navistar Financial Dealer Note Master Trust)

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

Samples: Indenture (Household Auto Receivables Corp), Indenture (Household Auto Receivables Corp)

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 Issuer, the Indenture Trustee and the Noteholders shallcase, subject to any determination in such Proceedingproceeding, the Company, the other Loan Parties, the Indenture Trustee and the Holders 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 Holders shall continue as though no such Proceeding proceeding had been instituted.

Appears in 2 contracts

Samples: Indenture (Warnaco Group Inc /De/), Warnaco Group Inc /De/

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 or the related 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 NoteholderHolder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallcase, subject to any determination in such Proceeding, the Issuer, the Indenture Trustee and the Holders 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 Holders shall continue as though no such Proceeding had been instituted.

Appears in 2 contracts

Samples: Intercreditor Collateral Agreement (CAI International, Inc.), Manager Transfer Facilitator Agreement (CAI 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 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

Samples: Indenture (M&i Auto Loan Trust 2002-1), Bond Securitization 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 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

Samples: Irwin Home Equity Loan Trust 2005-1, 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.. 26 (Nissan 2015-A Indenture)

Appears in 2 contracts

Samples: Indenture (Nissan Auto Receivables Corp Ii), Indenture (Nissan Auto Receivables Corp Ii)

Restoration of Rights and Remedies. If the Indenture 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 Trustee or to such NoteholderDebtholder, then and in every such case the Issuer, the Indenture 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 Issuer, the Trustee and the Noteholders Debtholder shall continue as though no such Proceeding had been instituted.

Appears in 2 contracts

Samples: Indenture Agreement (HPS Corporate Lending Fund), Indenture Agreement (HPS Corporate Lending Fund)

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

Samples: Nissan Auto Receivables 2014-B Owner Trust, Nissan Auto Receivables 2014-B Owner Trust

Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Debtholder 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 NoteholderDebtholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallcase, subject to any determination in such Proceedingproceeding, Baytex, the Guarantors (if any), the Indenture Trustee and the Debtholders 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 Debtholders shall continue as though no such Proceeding proceeding had been instituted.

Appears in 2 contracts

Samples: Trust Indenture (Baytex Energy Corp.), Trust Indenture (Baytex Energy Corp.)

Restoration of Rights and Remedies. 28307633.2 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

Samples: 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 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 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 1 contract

Samples: Master Indenture (Alliance Data Systems 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 1 contract

Samples: Indenture (Volkswagen Dealer Finance 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 Insurers, 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 Insurers and the Noteholders shall continue as though no such Proceeding had been instituted.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Greenpoint Mortgage Funding Trust 2006-He1)

Time is Money Join Law Insider Premium to draft better contracts faster.