Restoration of Rights and Remedies. If the Trustee or any 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 Trustee or to such Holder, then and in every such case, subject to any determination in such proceedings, the Issuer, any Subsidiary 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 has been instituted.
Appears in 9 contracts
Sources: Indenture (Forestar Group Inc.), Indenture (Forestar Group Inc.), Indenture (Howard Hughes Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any 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 Holder, then and in every such casecase the Trust, the Indenture Trustee and each such Holder shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 Indenture Trustee and the Holders each such Holder shall continue as though no such proceeding has had been instituted.
Appears in 9 contracts
Sources: Omnibus Instrument (Protective Life Insurance Co), Omnibus Instrument (Protective Life Insurance Co), Omnibus Instrument (Protective Life Insurance Co)
Restoration of Rights and Remedies. If the Trustee or any 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 Trustee or to such Holder, then and in every such case, subject to any determination in such proceedingsproceeding, the IssuerIssuers, any Subsidiary Guarantorsother obligor on 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 has had been instituted.
Appears in 9 contracts
Sources: Indenture (Mediacom Broadband Corp), Indenture (Mediacom Broadband Corp), Indenture (Mediacom Capital Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or Coupon 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 Trustee or to such Holder, then and in every such casecase the Company, the Trustee and each such Holder shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 each such Holder shall continue as though no such proceeding has had been instituted.
Appears in 9 contracts
Sources: Subordinated Indenture (Entegra Financial Corp.), Subordinated Indenture (Southern First Bancshares Inc), Senior Indenture (National City 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 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 casethen, subject to any determination in such proceedingsthe proceeding, the Issuer, any Subsidiary the Guarantors, the Trustee and the Holders shall will be restored severally and respectively to their former positions 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 has had been instituted.
Appears in 9 contracts
Sources: Indenture (Energizer Holdings, Inc.), Indenture (Crocs, Inc.), Indenture (Energizer Holdings, Inc.)
Restoration of Rights and Remedies. If the Trustee for the Securities of any series or any 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 such Trustee or to such Holder, then and in every such case, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary the Guarantors, the such Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the such Trustee and the Holders shall continue as though no such proceeding has had been instituted.
Appears in 8 contracts
Sources: Indenture (Weatherford International LTD), Indenture (Trane Technologies Financing LTD), Indenture (Trane Technologies Irish Holdings Unlimited Co)
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 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 casecase the Issuer, the Trustee and the Holder shall, subject to any determination in such proceedingsProceeding, the Issuer, any Subsidiary 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 Issuer, Trustee and the Holders Holder shall continue as though no such proceeding has Proceeding had been instituted.
Appears in 8 contracts
Sources: Indenture and Security Agreement (Blue Owl Technology Finance Corp. II), Indenture (Blue Owl Credit Income Corp.), Indenture and Security Agreement (Blue Owl Technology Income 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 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, subject to any determination in such proceedingsproceeding, the IssuerCompany, any Subsidiary Guarantorsthe 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 has had been instituted.
Appears in 8 contracts
Sources: Indenture (Arch Capital Group Ltd.), Indenture (Arch Capital Group (U.S.) Inc.), Indenture (Arch Capital Group 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 casecase the Company, the Co-Issuer, any other obligor upon the Notes, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 8 contracts
Sources: Fifth Supplemental Indenture (Sally Beauty Holdings, Inc.), Indenture (Sally Beauty Holdings, Inc.), Third Supplemental Indenture (Sally Beauty 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 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary Guarantors, the Trustee and the Holders shall be restored by the Issuer 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 has had been instituted.
Appears in 8 contracts
Sources: Indenture (Central European Distribution Corp), Indenture (Central European Distribution Corp), Indenture (Latchey LTD)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Trustee or to such Holder, then and in every such casecase the Issuers, the Trustee and each such Holder shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 each such Holder shall continue as though no such proceeding has had been instituted.
Appears in 8 contracts
Sources: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this 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 casecase the Company, any other obligor upon the Notes, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 8 contracts
Sources: Ninth Supplemental Indenture (Graphic Packaging Holding Co), Seventh Supplemental Indenture (Graphic Packaging Holding Co), Eighth Supplemental Indenture (Graphic Packaging Holding 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 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, subject to any determination in such proceedings or any other proceedings, the IssuerCompany, any Subsidiary GuarantorsGuarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies hereunder of the Trustee and the Holders shall continue as though no such proceeding has had been instituted.
Appears in 7 contracts
Sources: Indenture (AMC Networks Inc.), Indenture (Adient PLC), Indenture (Adient 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 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, subject to any determination in such proceedingsproceeding, the IssuerCompany, any Subsidiary Guarantorsother obligor of the Notes, 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 has had been instituted.
Appears in 7 contracts
Sources: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Aircastle 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 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, subject to any determination in such proceedingsproceeding, the IssuerIssuers, any Subsidiary 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 has had been instituted.
Appears in 6 contracts
Sources: 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 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary GuarantorsGuarantor, any other obligor of the Notes, 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 has had been instituted.
Appears in 6 contracts
Sources: Indenture (Entegris Inc), Indenture (Ww International, Inc.), 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 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, subject to any determination in such proceedingsproceeding, the IssuerIssuers, any Subsidiary GuarantorsGuarantor, any other obligor of the Notes, 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 has had been instituted.
Appears in 6 contracts
Sources: Indenture (Garrett Motion Inc.), Indenture (TRAC Intermodal LLC), 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 casecase the Issuers, any other obligor upon the Notes, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 6 contracts
Sources: Indenture (RSC Equipment Rental, Inc.), Indenture (RSC Equipment Rental, Inc.), Indenture (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 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary Guarantorseither 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 has had been instituted.
Appears in 6 contracts
Sources: Indenture (Azul Sa), Indenture (Azul Sa), Indenture (Azul Sa)
Restoration of Rights and Remedies. If the Trustee or any 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 Trustee or to such Holder, then and in every such casecase the Company, the Guarantor, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 5 contracts
Sources: Indenture (Aramark Services Inc), Indenture (Countrywide Home Loans Inc), Indenture (Household International Netherlands Bv)
Restoration of Rights and Remedies. If the Trustee or any 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 Trustee or to such Holder, then and in every such casecase the Company, any other obligor on the Notes, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 5 contracts
Sources: Indenture (Bally Franchise RSC Inc), Indenture (Bally Franchise RSC Inc), Indenture (Bally Total Fitness Holding 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 with respect to any Security of any series 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, subject to any determination in such proceedingsproceeding, the IssuerCompany, any Subsidiary Guarantorsthe Guarantor, the Trustee and all Holders of the Holders Security of that series 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 has had been instituted.
Appears in 5 contracts
Sources: Senior Indenture (Mohawk Industries Inc), Senior Subordinated Indenture (Mohawk Capital Luxembourg SA), Senior Indenture (Mohawk Capital Luxembourg SA)
Restoration of Rights and Remedies. If the Trustee or any 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 Trustee or to such Holder, then and in every such case, subject to any determination in such proceedings or any other proceedings, the Issuer, any Subsidiary GuarantorsIssuers, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies hereunder of the Trustee and the Holders shall continue as though no such proceeding has been instituted.β
Appears in 5 contracts
Sources: Ninth Supplemental Indenture (Sabra Health Care REIT, Inc.), Eighth Supplemental Indenture (Sabra Health Care REIT, Inc.), First Supplemental Indenture (CareTrust 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 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, subject to any determination in such proceedings, the IssuerCompany, any Subsidiary the Co-Obligor, 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 has been instituted.
Appears in 5 contracts
Sources: Senior Secured Notes Indenture (WeWork Inc.), Senior Notes Indenture (WeWork Inc.), Senior Notes Indenture (WeWork 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 casecase each Issuer, any other obligor upon the Notes, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 5 contracts
Sources: Indenture (Equistar Funding Corp), Indenture (Equistar Chemicals Lp), Indenture (Lyondell Chemical 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 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, subject to any determination in such proceedingsproceeding, the IssuerCompany, [if applicable, insert β any Subsidiary 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 has had been instituted.
Appears in 4 contracts
Sources: Indenture (EP Energy LLC), Indenture (EP Energy LLC), Indenture (Beta Operating Company, 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 Indenture or any 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 casecase the Issuers, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has been instituted.
Appears in 4 contracts
Sources: Indenture (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture)
Restoration of Rights and Remedies. If the Trustee or any Holder of Securities of the Senior Class has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, 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 casecase the Issuer, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has been instituted.
Appears in 4 contracts
Sources: Trust Indenture (Aircastle LTD), Trust Indenture (Aircastle LTD), Trust Indenture (Aircastle 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 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary GuarantorsGuarantor, the Trustee and the Holders of Securities and coupons 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 has had been instituted.
Appears in 4 contracts
Sources: Exhibit (Eaton Corp PLC), Exhibit (Cooper Wiring Devices, Inc.), Execution Version (Eaton Corp 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 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, subject to any determination in such proceedingsproceeding, the IssuerIssuers, any Subsidiary Guarantorsthe 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 has had been instituted.
Appears in 4 contracts
Sources: Indenture (Mediacom Capital Corp), Indenture (Mediacom Capital Corp), Indenture (Mediacom Capital Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Debenture 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 Trustee or to such Holder, then and in every such case, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary GuarantorsCompany, the Trustee and the Holders of Debentures 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 has had been instituted.
Appears in 4 contracts
Sources: Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies 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 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, subject to any determination in such proceedingsproceeding, the IssuerCo-Issuers, any Subsidiary GuarantorsGuarantor, any other obligor of the Notes, 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 has had been instituted.
Appears in 4 contracts
Sources: Indenture (Telesat Canada), Indenture (Telesat Canada), Indenture (Telesat Canada)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture 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, subject to any determination in such proceedings or any other proceedings, the Issuer, any Subsidiary GuarantorsGuarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies hereunder of the Trustee and the Holders shall continue as though no such proceeding has had been instituted.
Appears in 4 contracts
Sources: Indenture (Ingram Micro Holding Corp), Indenture (Ingram Micro Holding Corp), Indenture (Custom Truck One Source, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder of Debentures 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 Trustee or to such Holder, then and in every such case, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary GuarantorsCompany, the Trustee and the Holders of Debentures 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 has had been instituted.
Appears in 4 contracts
Sources: Indenture (Insignia Financing I), Indenture (Wabash National Corp /De), Indenture (Qualicomm Financial Trust I)
Restoration of Rights and Remedies. If the Trustee or any 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 Trustee or to such Holder, then and in every such case, subject to any determination in such proceedingsproceeding, the IssuerCompany, any Subsidiary Guarantorsother obligor on 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 has had been instituted.
Appears in 4 contracts
Sources: Indenture (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment 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 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 casecase the Company, each of the Guarantors, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 4 contracts
Sources: Indenture (Net Servicos De Comunicacao S A), Indenture (Net Servicos De Comunicacao S A), Indenture (Brazilian Communitary Antennae 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 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, subject to any determination in such proceedingsproceeding, the an Issuer, any Subsidiary GuarantorsGuarantor, 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 has had been instituted.
Appears in 4 contracts
Sources: Indenture (Foresight Energy LP), Indenture (Foresight Energy LP), Indenture (Foresight Energy Partners LP)
Restoration of Rights and Remedies. If either of the Trustee Trustees or any 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 such Trustee or to such Holder, then and in every such case, subject to any determination in such proceedings, the IssuerCompany, any Subsidiary the Guarantors, the Trustee Trustees and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee Trustees and the Holders shall continue as though no such proceeding has been instituted.
Appears in 4 contracts
Sources: Indenture (Eldorado Gold Corp /Fi), Indenture (Iamgold Corp), Indenture (Iamgold Corp)
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 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary GuarantorsCompany, the Trustee, the Co-Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee, the Co-Trustee and the Holders shall continue as though no such proceeding has had been instituted.
Appears in 4 contracts
Sources: 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 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 in every such casethen, subject to any determination in such proceedingsthe proceeding, the Issuer, any Subsidiary Note 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 Issuer, any Note Guarantors, the Trustee and the Holders shall continue as though no such proceeding has had been instituted.
Appears in 4 contracts
Sources: 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 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 Trustee or to such Holder, then and in every such casecase the Note Issuer, the Guarantors, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 4 contracts
Sources: Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc), Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc), Senior Subordinated Indenture (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 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary GuarantorsGuarantor, 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 has had been instituted.
Appears in 3 contracts
Sources: Indenture (Allwyn Entertainment AG), Indenture (Allwyn Entertainment AG), Indenture (Inspired Entertainment, 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 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary Guarantorsa 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 has had been instituted.
Appears in 3 contracts
Sources: Indenture (Centennial Puerto Rico Operations Corp), Indenture (Centennial Puerto Rico Operations Corp), Indenture (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 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary GuarantorsGuarantor, 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 has had been instituted.
Appears in 3 contracts
Sources: Indenture (Invitel Holdings a/S), Indenture (Hungarian Telephone & Cable Corp), Indenture (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 Indenture 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, subject to any determination in such proceedingsproceeding, the IssuerIssuers, any the Subsidiary 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 has had been instituted.
Appears in 3 contracts
Sources: Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De), Indenture (Sealed Air 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 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, subject to any determination in such proceedings, the Issuer, any Subsidiary the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder under this Indenture and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding has been instituted.
Appears in 3 contracts
Sources: Indenture (Meredith Corp), Indenture (Meredith Corp), Indenture (Time Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Senior Notes Indenture 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary GuarantorsGuarantor, 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 has had been instituted.
Appears in 3 contracts
Sources: Senior Notes Indenture (IHS Holding LTD), Third Supplemental Senior Notes Indenture (IHS Holding LTD), Senior Notes Indenture (IHS Holding 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 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary Guarantors, the Trustee and the Holders of Notes 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 has had been instituted.
Appears in 3 contracts
Sources: Indenture (Brookfield Renewable Corp), Indenture (Brookfield Renewable Partners L.P.), Indenture (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 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, subject to any determination determi- nation in such proceedings, the Issuer, any Subsidiary the Guarantors, the Trustee and the Holders shall be restored severally sev- erally 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 has been instituted.
Appears in 3 contracts
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Trustee or to such Holder, then and in every such casecase the Issuer, the Trustee and each such Holder shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 each such Holder shall continue as though no such proceeding has had been instituted.
Appears in 3 contracts
Sources: Indenture (Reckson Services Industries Inc), Indenture (Media General Inc), Indenture (Virginia Paper Manufacturing 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 Indenture, the Securities or any 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary GuarantorsGuarantor, 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 has had been instituted.
Appears in 3 contracts
Sources: Indenture Agreement (American Medical Systems Europe B.V.), Indenture (Boston Scientific Corp), Indenture Agreement (American Medical Systems Europe B.V.)
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 casecase the Issuers, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 3 contracts
Sources: Indenture (Abraxas Petroleum Corp), Indenture (Universal Compression Inc), Indenture (Phibro Animal Health 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 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary GuarantorsGuarantor, the Trustee and the Holders shall will be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall will continue as though no such proceeding has had been instituted.
Appears in 3 contracts
Sources: Indenture (Nord Anglia Education, Inc.), Indenture (Nord Anglia Education, Inc.), 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 casecase the Issuer, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 3 contracts
Sources: Indenture (Standard Commercial Corp), Indenture (Pahc Holdings Corp), Indenture (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 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 casecase the Issuers, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has been instituted.
Appears in 3 contracts
Sources: Amended and Restated Indenture (NGA Holdco, LLC), Investment Agreement (Shreveport Capital Corp), Indenture (Shreveport 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 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary GuarantorsCorporation, the Trustee and the Holders of Securities and coupons shall be restored restored, severally and respectively 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 has had been instituted.
Appears in 3 contracts
Sources: Indenture (Nutrien Ltd.), Indenture (Nutrien Ltd.), Indenture (Agrium 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 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary GuarantorsIssuers, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Issuers, Trustee and the Holders shall continue as though no such proceeding has had been instituted.
Appears in 3 contracts
Sources: Senior Note Indenture (Iridium Capital Corp), Series C Note Indenture (Iridium Capital Corp), Series B Note Indenture (Iridium Capital Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security 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 Trustee or to such Holder, then and in every such case, the Issuer, the Trustee and the Holders of Securities shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 3 contracts
Sources: Indenture (Rait Investment Trust), Indenture (Rait Investment Trust), Indenture (Arden Realty 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 Indenture, the Guarantees or the Collateral Documents 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, subject to any determination in such proceedingsproceeding, the IssuerCompany, any Subsidiary 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 has had been instituted.
Appears in 3 contracts
Sources: Indenture (Grupo TMM Sa), Indenture (Grupo TMM Sa), Indenture (TMM Holdings 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 Indenture, any Note or any 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 casecase the Company, each of the Guarantor, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 3 contracts
Sources: Indenture (Gillette Dairy of the Black Hills Inc), Indenture (Pentacon Industrial Group Inc), Indenture (Best Built Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Note or a Coupon 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 Trustee or to such Holder, then and in every such casecase the Company, the Trustee and each such Holder shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 each such Holder shall continue as though no such proceeding has had been instituted.
Appears in 2 contracts
Sources: Senior Indenture (Cit Group Inc), Subordinated Indenture (Cit 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 casecase the Issuer of such Notes, any other obligor upon the Notes, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (Univar Solutions Inc.), Indenture (Univar 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 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, subject to any determination in such proceedingsproceeding and to the extent permitted by applicable law, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (Insight Enterprises Inc), Indenture (RingCentral, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security 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 Trustee or to such Holder, then and in every such casecase the Applicable Issuer, if such Security is a Guaranteed Security, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (Wal Mart Cayman Sterling Finance Co), Indenture (Wal Mart Cayman Sterling 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 Guarantee of the Notes 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, subject to any determination in such proceedingsproceeding, the IssuerCompany, any Subsidiary GuarantorsGuarantor, any other obligor on 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (Paragon Health Network Inc), Indenture (Flag Telecom Holdings LTD)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or Coupon 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 Trustee or to such Holder, then and in every such casecase the Issuer, the Trustee and the Holders of Securities and coupons shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions position hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding has had been instituted.
Appears in 2 contracts
Sources: Indenture (SDL Inc), Indenture (Novellus Systems 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 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary Guarantors, the Trustee and the Holders holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Issuer, the Trustee and the Holders holders shall continue as though no such proceeding has had been instituted.
Appears in 2 contracts
Sources: Indenture (Vitro Sa De Cv), Indenture (Vitro Sa De Cv)
Restoration of Rights and Remedies. If the Trustee Trustee, the Insurer or any 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 Trustee Trustee, the Insurer or to such Holder, then and in every such case, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary GuarantorsCompany, the Trustee Trustee, the Insurer and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee Trustee, the Insurer and the Holders shall continue as though no such proceeding has had been instituted.
Appears in 2 contracts
Sources: Indenture (Mony Group Inc), Indenture (Mony Holdings LLC)
Restoration of Rights and Remedies. If the Trustee or any 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 Trustee or to such Holder, then and in every such casecase the Issuer, the Guarantor, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (Mobile Telesystems Ojsc), Indenture (Mobile Telesystems Ojsc)
Restoration of Rights and Remedies. If the Trustee or any 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 Trustee or to such Holder, then and in every such case, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary the Guarantors, the Trustee and the Holders of Securities 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (Emera US Holdings Inc.), Indenture (Emera 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 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, subject to any determination in such proceedingsproceeding, the IssuerCompany, any Subsidiary Guarantorsthe Guarantors (if any), 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (Baytex Energy LTD), Indenture (Baytex Energy LTD)
Restoration of Rights and Remedies. If the Trustee or any Holder of Notes of the Senior Class has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, 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 casecase the Issuer, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has been instituted.
Appears in 2 contracts
Sources: Trust Indenture (Avolon Holdings LTD), Trust Indenture (AerCap Holdings N.V.)
Restoration of Rights and Remedies. If the Trustee or any 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 Trustee or to such Holder, then and in every such case, subject to any determination in such proceedings, the IssuerIssuers (and, any Subsidiary Guarantorsprior to the Escrow Release Date, the Escrow Issuers), 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 has been instituted.
Appears in 2 contracts
Sources: 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 Indenture, any Guarantee 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, subject to any determination in such proceedingscase the Issuers, the Issuer, any Subsidiary Guarantors, the Trustee and the Holders shall shall, subject to any determination in such proceeding, 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (Canadian Abraxas Petroleum LTD), Indenture (Canadian Abraxas Petroleum 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 casecase the Company, any other obligor upon the Notes, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted. Section 610.
Appears in 2 contracts
Sources: Secured Notes Indenture (Cornerstone Building Brands, Inc.), Fifth Supplemental Indenture (Cornerstone Building Brands, 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 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 casecase the applicable Issuer, the Guarantor, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has been instituted.
Appears in 2 contracts
Sources: Indenture (Crown Cork & Seal Finance), Indenture (Crown Cork & Seal 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 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary GuarantorsObligors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Obligors, Trustee and the Holders shall continue as though no such proceeding has had been instituted.
Appears in 2 contracts
Sources: 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 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary GuarantorsCompany, the Trustee and the Holders of Securities and coupons 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (United Technologies Corp /De/), Indenture (United Technologies 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 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 casecase Alderwoods, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 2 contracts
Sources: 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 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, subject to any determination in such proceedingsproceeding, the IssuerIssuers, any Subsidiary GuarantorsGuarantor, any other obligor of the Notes, 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (Clearwire Corp /DE), Indenture (Clearwire Corp /DE)
Restoration of Rights and Remedies. If the Trustee or Indenture Trustee, any Holder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture or the related Supplement and such proceeding Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee Indenture Trustee, or to such Holder, then and in every such case, subject to any determination in such proceedingsProceeding, the Issuer, any Subsidiary Guarantors, the Indenture Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Indenture Trustee and the Holders shall continue as though no such proceeding has Proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (CAI International, Inc.), Indenture (CAI 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 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, subject to any determination in such proceedings or any other proceedings, the Issuer, any Subsidiary GuarantorsESH REIT, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies hereunder of the Trustee and the Holders shall continue as though no such proceeding has been instituted.
Appears in 2 contracts
Sources: Indenture (ESH Hospitality, Inc.), Indenture (ESH Hospitality, Inc.)
Restoration of Rights and Remedies. If the any Trustee or any Holder has shall have instituted any proceeding to enforce any right or remedy under this Indenture or under any other Credit Document 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 HolderTrustee, then and in every such casecase such Trustee, the Issuer and the holders of the Notes shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder or under any other Credit Document, and thereafter all rights and remedies of the such Trustee and the Holders shall continue as though no such proceeding has had been instituted.
Appears in 2 contracts
Sources: Trust Indenture and Security Agreement (Noble Drilling Corp), Trust Indenture and Security Agreement (Noble Drilling 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 Indenture, the Securities or any 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, subject to any determination in such proceedingsproceeding, the IssuerCompany, any Subsidiary Guarantorsthe 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (DH Europe Finance II S.a.r.l.), Indenture (DH Europe Finance II S.a.r.l.)
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 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, subject to any determination in such proceedingsproceeding, the IssuerCompany, any Subsidiary Guarantorsthe 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 has had been instituted.
Appears in 2 contracts
Sources: 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 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary GuarantorsCorporation, the Trustee and the Holders of Securities and Coupons 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (Transalta Corp), Indenture (Transalta 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 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 casecase Alderwoods, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 2 contracts
Sources: 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 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, subject to any determination in such proceedingsproceeding, the IssuerCompany, any the Subsidiary Guarantors, if any, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter thereunder and all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding has had been instituted.
Appears in 2 contracts
Sources: Indenture (Nuevo Energy Co), Indenture (Nuevo Energy 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 Guarantee of the Notes 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, subject to any determination in such proceedingsproceeding, the IssuerCompany, any Subsidiary GuarantorsGuarantor, any other obligor on 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 has had been instituted.
Appears in 2 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 Agreement, any Security Document or any other Note 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary GuarantorsCompany, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and under such Security Document or any other Note Document and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding has had been instituted.
Appears in 2 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 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, subject to any determination in such proceedingsproceeding, and to the extent permitted under Applicable Law, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (Gran Tierra Energy Inc.), Indenture (Cementos Pacasmayo Saa)
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 Subordinated 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 casecase Alderwoods, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (Alderwoods Group Inc), Indenture (Loewen Group International Inc)
Restoration of Rights and Remedies. If the Trustee Trustees or any Holder has have 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 Trustee Trustees or to such Holder, then and in every such case, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary the Guarantors, the Trustee Trustees and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee Trustees and the Holders shall continue as though no such proceeding has had been instituted.
Appears in 2 contracts
Sources: Trust Indenture (Wall2wall Media Inc.), Trust Indenture (Wall2wall Media 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 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, subject to any determination in such proceedingsproceeding, the IssuerCompany, any Subsidiary Guarantorsother obligor on the Notes, the Trustee and the Holders of Notes 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (United Artists Theatre Co), Indenture (United Artists Theatre 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 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, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (Exodus Communications Inc), Indenture (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 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, subject to any determination in such proceedings, the Issuer, the Co-Issuer, any Subsidiary 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 has been instituted.
Appears in 2 contracts
Sources: 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 or in the exercise of any power under this Indenture 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 casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and rights hereunder, and thereafter all rights rights, powers and remedies of the Trustee and the Holders shall continue as though no such proceeding has had been instituted.
Appears in 2 contracts
Sources: Indenture (Gruma Sab De Cv), Indenture (Gruma 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 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 casecase the Issuer, the Guarantor, the Trustee and the Holders of Securities shall, subject to any determination in such proceedingsproceeding, the Issuer, any Subsidiary 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (Sabra Health Care REIT, Inc.), Indenture (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 Indenture, any Security or any 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, subject to any determination in such proceedingsproceeding, the IssuerCompany, any Subsidiary 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (Votorantim Cimentos S.A.), Indenture (Votorantim Pulp & Paper 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 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, subject to any determination in such proceedingsproceeding, the IssuerCompany, any Subsidiary Guarantorseach 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 has had been instituted.
Appears in 2 contracts
Sources: Indenture (Yellow Roadway Technologies Inc), Indenture (Usfreightways Corp)