Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: RSC Equipment Rental, Inc., RSC Equipment Rental, Inc., RSC Equipment Rental, Inc.
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceedingproceedings, the Issuers, the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 6 contracts
Samples: Senior Secured (Talos Energy Inc.), Senior Secured (EnVen Energy Corp), Indenture (Alliance Resource Partners Lp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then then, and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Issuer, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Indenture (Manitowoc Foodservice, Inc.), Intercreditor Agreement (Manitowoc Co Inc), Indenture (Manitowoc Co Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note Guaranty and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Partnership, the relevant Guarantor, the Trustee and Holders shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then then, and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, FelCor LP, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of FelCor LP, the Guarantors, Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Indenture (FelCor Lodging Trust Inc), Indenture (FelCor Lodging LP), Indenture (FelCor Lodging Trust Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Operating Partnership, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Indenture (Vornado Realty Lp), Indenture (Vornado Realty Lp), Vornado Realty Lp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, any Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 6 contracts
Samples: Indenture (Axsome Therapeutics, Inc.), Indenture (Axsome Therapeutics, Inc.), Indenture (Lion Biotechnologies, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any the Note Guarantees and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuer, any Guarantor, any other obligor of the Notes, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Supplemental Indenture (Entegris Inc), Supplemental Indenture (Ww International, Inc.), Supplemental Indenture (On Semiconductor Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Indenture (Convergent Communications Inc /Co), Indenture (Dti Holdings Inc), Protection One Alarm Monitoring Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuers, the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Indenture (Ashton Woods USA L.L.C.), Indenture (Sun International Hotels LTD), Indenture (Sun International North America Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Partnership, the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Sanchez Production Partners LP, Sanchez Production Partners LP, Indenture (Cheniere Energy Partners, L.P.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Co-Issuers, any other obligor upon the Notes, the Trustee and the Holders 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 Trustee and the Holders Holder shall continue as though no such proceeding Proceeding had been instituted.
Appears in 5 contracts
Samples: BCC Middle (Bain Capital Specialty Finance, Inc.), Supplemental Indenture (AB Private Credit Investors Corp), Indenture (AB Private Credit Investors Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuerseach Issuer, any other obligor upon the Notes, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 5 contracts
Samples: Supplemental Indenture (Equistar Chemicals Lp), Supplemental Indenture (Lyondell Chemical Co), Supplemental Indenture (Equistar Chemicals Lp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceedingproceedings, the Company, the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had proceedings has been instituted.
Appears in 5 contracts
Samples: Block, Inc., Coinbase Global, Inc., Indenture (Tesla, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuer, the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.. ARTICLE SEVEN
Appears in 5 contracts
Samples: Weyerhaeuser Real Estate Company (TRI Pointe Homes, Inc.), Weyerhaeuser Real Estate Company (TRI Pointe Homes, Inc.), Indenture (Meritage Homes CORP)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Corporation, the Trustee and the Holders of Securities shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 5 contracts
Samples: Indenture (Ovintiv Inc.), Ovintiv Inc., Indenture (Encana Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case case, the Issuers, any other obligor upon the NotesCompany, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 5 contracts
Samples: Registration Rights Agreement (New World Restaurant Group Inc), Article Twelve (Discovery Zone Inc), Registration Rights Agreement (CSS Trade Names Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any a proceeding to enforce any right or remedy under this Indenture or any Note and such the proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such the Holder, then and then, subject to any determination in every such case the Issuersproceeding, the Issuer, any other obligor upon the NotesGuarantors, the Trustee and the Holders shall, subject to any determination in such proceeding, will be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Issuer, any Guarantors, the Trustee and the Holders shall will continue as though no such proceeding had been instituted.
Appears in 5 contracts
Samples: Indenture (Mr. Cooper Group Inc.), Supplemental Indenture (Home Point Capital Inc.), Note Guarantee Agreement (GeoPark LTD)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the IssuersCompany, any other obligor upon the NotesGuarantor, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 5 contracts
Samples: Household International Netherlands Bv, Aramark Services Inc, Countrywide Home Loans Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceedingproceedings, the Company, the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 4 contracts
Samples: Indenture (Concordia International Corp.), Indenture (Concordia Investment Holdings (Jersey) LTD), Indenture (Concordia International Corp.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuer, either Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, an Issuer, any Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Foresight Energy LP), Indenture (Foresight Energy LP), Indenture (Foresight Energy Partners LP)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any a proceeding to enforce any right or remedy under this Indenture or any Note Collateral Document and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 4 contracts
Samples: Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the NotesLNR, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (LNR Property Corp), Indenture (LNR Property Corp), LNR Property Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Corporation, the Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Sempra Energy Global Enterprises, Sempra Energy, Sempra Energy Global Enterprises
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the NotesCompany, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.. ARTICLE SEVEN
Appears in 4 contracts
Samples: Indenture (California Steel Industries Inc), Outsourcing Services (Aerosol Services Co Inc), Landmark Theatre Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note the Guarantee and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuers, the Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Mediacom Capital Corp), Mediacom Capital Corp, Mediacom Capital Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the IssuersCompany, any other obligor upon the NotesGuarantor, the Trustee and the such Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders such Holder shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Orleans Homebuilders Inc), Arbor Realty Trust Inc, Arbor Realty Trust Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued determined or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceedingproceedings or any other proceedings, the Issuer, any Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies hereunder of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Imola Merger Corporation (Ingram Micro Holding Corp), Imola Merger Corporation (Ingram Micro Holding Corp), Supplemental Indenture (Custom Truck One Source, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, each Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Abbott Laboratories), Indenture (Intercontinentalexchange Inc), Indenture (Intercontinentalexchange Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, and to the extent permitted under Applicable Law, the Issuer, the Guarantors, the Trustee, the Authorized Agents and the Holders shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Auna S.A.), Indenture (Auna S.A.), Indenture (Auna S.A.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note Security and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the NotesIssuer, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Globe Holdings Inc), Senior Debt Indenture (Caprock Communications Corp), Caprock Communications Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the IssuersNote Issuer, any other obligor upon the NotesGuarantors, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Pooling Agreement (Fresenius Medical Care Corp), Fresenius National Medical Care Holdings Inc, Fresenius Medical Care Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderHolders, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp), Indenture (Autotote Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has shall have been discontinued or abandoned for any reason, or has shall have been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, the Guarantor and Trustee and such Holder shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders such Holder shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (FPL Group Inc), Agl Resources Inc, FPL Group Capital Inc
Restoration of Rights and Remedies. If the Trustee, the Co-Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Trustee, the Co-Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, the Trustee, the Co-Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee, the Co-Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Jaguar Mining Inc), Indenture (Biovail Corp International), Indenture (Biovail Corp International)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any a proceeding to enforce any right or remedy under this Indenture or any Note and such the proceeding has been discontinued or abandoned by the Trustee or such Holder for any reason, or has been determined adversely to the Trustee or to such the Holder, then and then, subject to any determination in every such case the Issuersproceeding, the Issuer, any other obligor upon the NotesNote Guarantors, the Trustee and the Holders 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 Issuer, any Note Guarantors, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Enduro SpA), Indenture (Emeco Parts Pty LTD), Indenture (Emeco Parts Pty LTD)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the NotesCompany, the Trustee and the Holders 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 Trustee and the Holders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 4 contracts
Samples: Intercreditor Agreement (Huntway Partners L P), Intercreditor Agreement (Huntway Partners L P), Partner Guaranty Agreement (Huntway Partners L P)
Restoration of Rights and Remedies. If the Trustee or ----------------------------------- any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (United Parcel Service of America Inc), Afc Enterprises Inc, Xerox Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Phibro Animal Health Corp), Abraxas Petroleum Corp, Universal Compression Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuers, Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Directv), Indenture (Directv Holdings LLC), Indenture (Directv)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceedingproceedings or any other proceedings, the Issuers, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies hereunder of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.β
Appears in 3 contracts
Samples: Supplemental Indenture (Sabra Health Care REIT, Inc.), Sabra Health (Sabra Health Care REIT, Inc.), Sabra Health (Sabra Health Care REIT, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note Collateral Document and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 3 contracts
Samples: Indenture (NGA Holdco, LLC), Investment Agreement (Shreveport Capital Corp), Shreveport Capital Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any a proceeding to enforce any right or remedy under this Indenture or any Note and such the proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such the Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallthen, subject to any determination in such the proceeding, the Company, the Trustee, the Guarantors and the Holders will be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee Company, the Trustee, the Guarantors and the Holders shall will continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Supplemental Indenture (Hornbeck Offshore Services Inc /La), Supplemental Indenture (Superior Energy Services Inc), Supplemental Indenture (Hornbeck Offshore Services Inc /La)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any a proceeding to enforce any right or remedy under this the Indenture or any Note and such the proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such the Holder, then and then, subject to any determination in every such case the Issuersproceeding, any other obligor upon the NotesIssuer, the Guarantors, the Trustee and the Holders shall, subject to any determination in such proceeding, will be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Issuer, the Guarantors, the Trustee and the Holders shall will continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Energizer Holdings Inc), Supplemental Indenture (Interval Leisure Group, Inc.), Supplemental Indenture (Mens Wearhouse Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the NotesIssuer, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Standard Commercial Corp), Pahc Holdings Corp, Caprock Communications Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then then, and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuers, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Issuers, Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Warrant Agreement (Iridium Capital Corp), Warrant Agreement (Iridium Capital Corp), Iridium Capital Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuer, a Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Centennial Puerto Rico Operations Corp, Centennial Puerto Rico Operations Corp, Centennial Puerto Rico Operations Corp
Restoration of Rights and Remedies. If the Trustee or any ---------------------------------- Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (United Parcel Service of America Inc), Indenture (Acterna Corp), Acterna Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, the Guarantors, the Trustee and the Holders will be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall will continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Metropcs Communications Inc), Indenture (MetroPCS Finance, Inc.), Indenture (MetroPCS Finance, Inc.)
Restoration of Rights and Remedies. If the either Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuer, the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Brookfield BRP (Brookfield Renewable Corp), Indenture (Brookfield Renewable Partners L.P.), Indenture (BRP Bermuda Holdings I LTD)
Restoration of Rights and Remedies. If the Trustee or any ---------------------------------- Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: St Paul Bancorp Inc, Farmland Industries Inc, St Paul Bancorp Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Partnership, the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: El Paso Pipeline Partners Operating Company, L.L.C., Indenture (Kinder Morgan Bulk Terminals Inc), Kinder Morgan Energy Partners L P
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined in a final judgment adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuer, any Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Allwyn Entertainment AG), Allwyn Entertainment Financing (Allwyn Entertainment AG), Indenture (Inspired Entertainment, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any a proceeding to enforce any right or remedy under this Indenture or any Note and such the proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such the Holder, then and then, subject to any determination in every such case the Issuersproceeding, any other obligor upon the NotesIssuer, the Guarantors, the Trustee and the Holders 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 Issuer, the Guarantors, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Marriott Ownership (MARRIOTT VACATIONS WORLDWIDE Corp), Junior Intercreditor Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, (a) Publishing, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, and (b) thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Hollinger International Inc, Hollinger International Publishing Inc, Hollinger International Publishing Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined de- termined adversely to the Trustee or to such Holder, then and in every such case case, subject to any determi- nation in such proceedings, the IssuersIssuer, any other obligor upon the NotesGuarantors, the Trustee and the Holders shall, subject to any determination in such proceeding, shall be restored severally sev- erally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 3 contracts
Samples: Execution Version, Indenture, Indenture
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined in a final judgment adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuer, any Guarantor, the Trustee and the Holders will be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall will continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Nord Anglia Education, Inc.), Supplemental Indenture (Nord Anglia Education, Inc.), Supplemental Indenture (Nord Anglia Education, Inc.)
Restoration of Rights and Remedies. If the Trustee or ---------------------------------- any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Presidential Life Corp, Nationwide Financial Services Inc/, Nationwide Financial Services Capital Trust
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, any Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.. 124
Appears in 3 contracts
Samples: Additional Intercreditor Agreement (Encore Capital Group Inc), Additional Intercreditor Agreement (Encore Capital Group Inc), Additional Intercreditor Agreement (Encore Capital Group Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuer, any Subsidiary Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Hungarian Telephone & Cable Corp), Invitel Holdings a/S, Invitel Holdings a/S
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this First Supplemental Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceedingproceedings, the Issuer, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 2 contracts
Samples: HCA Holdings, Inc., HCA Holdings, Inc.
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, each of the Companies, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Starwood Lodging Trust, Starwood Lodging Corp
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, Grupo Aval Limited, Grupo Aval, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Grupo Aval Acciones Y Valores S.A.), Indenture (Grupo Aval Acciones Y Valores S.A.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Five-Year Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the NotesAlderwoods, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Alderwoods Group Inc), Loewen Group International Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note the Guarantee and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Heinz H J Co, Heinz Hj Finance Co
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, the Guarantor the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Senior Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any a proceeding to enforce any right or remedy under this Indenture or any Note and such the proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such the Holder, then and then, subject to any determination in every such case the proceeding, any Issuers, any other obligor upon the NotesGuarantors, the Trustee and the Holders shall, subject to any determination in such proceeding, will be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of any Issuers, any Guarantors, the Trustee and the Holders shall will continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (DT Credit Company, LLC), Indenture (DT Acceptance Corp)
Restoration of Rights and Remedies. If the Trustee or ----------------------------------- any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuersapplicable Issuer, any other obligor upon the NotesGuarantor, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 2 contracts
Samples: Indenture (Crown Cork & Seal Co Inc), Indenture (Crown Cork & Seal Finance)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then then, and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Obligors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Obligors, Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Time Warner Telecom LLC), Indenture (Time Warner Telecom LLC)
Restoration of Rights and Remedies. If the Trustee or any ---------------------------------- Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Exodus Communications Inc), Registration Rights Agreement (Exodus Communications Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, the Partnership, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Midamerican Energy Holdings Co /New/, Trust Indenture (Williams Companies Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holderholder, then then, and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuer, the Trustee and the holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Issuer, the Trustee and the Holders holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Vitro Sa De Cv), Indenture (Vitro Sa De Cv)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuers, any other obligor of the Notes, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Ellington Financial Inc.), Indenture (Ellington Financial LLC)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any a proceeding to enforce any right or remedy under this the Indenture or any Note and such the proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such the Holder, then and then, subject to any determination in every such case the Issuersproceeding, the Issuer, any other obligor upon the NotesGuarantors, the Trustee and the Holders shall, subject to any determination in such proceeding, will be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Issuer, any Guarantors, the Trustee and the Holders shall will continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Supplemental Indenture (Roundy's, Inc.), Supplemental Indenture (Seagate Technology)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceedingproceedings, the Issuer, the Co-Issuer, any Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 2 contracts
Samples: Indenture (Five Point Holdings, LLC), Indenture (Five Point Holdings, LLC)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceedingproceedings, the Issuers (and, prior to the Escrow Release Date, the Escrow Issuers), the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 2 contracts
Samples: Indenture (Hilton Grand Vacations Inc.), Indenture (Hilton Grand Vacations Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuer and the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Ibp Inc), Stone Container (Stone Container Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, ; then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuer, the Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (BlackRock Funding, Inc. /DE), BlackRock Inc.
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Subordinated Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Subordinated Indenture (Scottish Power Finance (US) Inc), Commscope Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Seven-Year Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the NotesAlderwoods, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Alderwoods Group Inc), Loewen Group International Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Brookfield Renewable (Brookfield Renewable Partners L.P.), Brookfield Property Partners L.P.
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Two-Year Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the NotesAlderwoods, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Alderwoods Group Inc), Indenture (Loewen Group International Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceedingproceedings, the Issuer, the Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 2 contracts
Samples: Indenture, Indenture (Norbord Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and and, in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceedingproceeding and to the extent permitted by applicable law, the Issuer, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Supplemental Indenture (Insight Enterprises Inc), Supplemental Indenture (RingCentral, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this the Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Supplemental Indenture (M I Homes Inc), Supplemental Indenture (M I Homes Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note the Guarantee Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, the Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Burlington Resources Inc), Indenture (Burlington Resources Finance Co)
Restoration of Rights and Remedies. If the Trustee or any ---------------------------------- Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the NotesCompany, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Commonwealth Bankshares Inc, Commonwealth Bankshares Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the IssuersIssuer, any other obligor upon the NotesGuarantor, the Trustee and the Holders of Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Sabra Health (Sabra Health Care REIT, Inc.), Sabra Health Care (Sabra Health Care Limited Partnership)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, and to the extent permitted under Applicable Law, the Issuer, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Gran Tierra Energy Inc.), Indenture (Cementos Pacasmayo Saa)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any a proceeding to enforce any right or remedy under this Indenture or any Note and such the proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such the Holder, then and then, subject to any determination in every such case the proceeding, the Issuers, any other obligor upon the NotesGuarantors, the Trustee and the Holders shall, subject to any determination in such proceeding, will be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Issuers, any Guarantors, the Trustee and the Holders shall will continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (J2 Global, Inc.), Indenture (Tower Automotive, LLC)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Co-Issuers, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Supplemental Indenture (Rivian Automotive, Inc. / DE), General Growth Properties Inc
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuer, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Brookfield (Brookfield Asset Management Inc.), Indenture (WPP Group PLC)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note the Guarantees and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Issuers, any Subsidiary Guarantor, any other obligor of the Notes, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Supplemental Indenture (Clearwire Corp /DE), Indenture (Clearwire Corp /DE)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case case, subject to and determination in such proceeding, the IssuersCompany, any other obligor upon the NotesGuarantor, the Trustee and the Holders 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 Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (International Business Machines Corp), Indenture (Ibm International Group Capital LLC)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceedingproceedings or any other proceedings, ESH REIT, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies hereunder of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 2 contracts
Samples: Indenture (ESH Hospitality, Inc.), Indenture (ESH Hospitality, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceeding, the Company, the Guarantors, the Trustee and Holders shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (El Paso Pipeline Partners, L.P.), Indenture (El Paso Pipeline Partners Operating Company, L.L.C.)
Restoration of Rights and Remedies. β If the Indenture Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Indenture Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders 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 Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: www.aespanama.com
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Twenty-Third Supplemental Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the Notes, the Trustee and the Holders shallcase, subject to any determination in such proceedingproceedings, the Issuer, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 1 contract
Samples: HCA Healthcare, Inc.
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Issuers, any other obligor upon the NotesHoldings, the Trustee and the Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Telemundo Holding Inc
