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 proceeding, 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 Issuer, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Intercreditor Agreement (Manitowoc Co Inc), Indenture (Manitowoc Co Inc), Indenture (Manitowoc Foodservice, 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 proceeding, the IssuerOperating Partnership, 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, 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 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 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 proceedingproceedings, the IssuerIssuers, 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 Issuer, 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 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 then in every such case, subject to any determination in such proceeding, the IssuerPartnership, the relevant 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 Issuer, 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 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 proceeding, the IssuerIssuers, 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 Issuer, 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 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 proceeding, the IssuerCompany, 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 Issuer, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: First Supplemental Indenture (Arris Group Inc), Indenture (Hammond Residential LLC), Indenture (Elsinore 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 casecase the Issuers, any other obligor upon the Notes, the Trustee and the Holders shall, 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: 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 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 proceeding, the Issuer, 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 Issuer, 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 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, then and in every such casecase the Co-Issuers, the Trustee and the Holder shall, subject to any determination in such proceedingProceeding, 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 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 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 proceeding, the IssuerCorporation, 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 Issuer, 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 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 case, subject to any determination in such the proceeding, the Issuer, any 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, 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, 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 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 5 contracts
Samples: Supplemental Indenture (Equistar Funding Corp), Supplemental Indenture (Lyondell Chemical Co), Supplemental 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, then and in every such casecase the Company, the Guarantor, the Trustee and the Holders shall, 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 5 contracts
Samples: Aramark Services Inc, Countrywide Home Loans Inc, 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, then and in every such case, subject to any determination in such proceedingproceedings, the IssuerCompany, 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 Issuer, 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, then and in every such case, the Company, the Trustee and the Holders shall, 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 5 contracts
Samples: Registration Rights Agreement (New World Restaurant Group Inc), Article Twelve (Discovery Zone Inc), Registration Rights Agreement (New World Coffee Manhattan Bagel 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 HolderHolders, then, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, 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 Issuer, 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 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 proceeding, and to the extent permitted under Applicable Law, the Issuer, the Trustee Guarantors, the Trustee, the Authorized Agents 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 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 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 casecase the Note Issuer, the Guarantors, the Trustee and the Holders shall, 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 4 contracts
Samples: Pooling Agreement (Fresenius Medical Care Corp), Fresenius Medical Care Corp, Fresenius National Medical Care 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 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, then and in every such casecase the Issuer, the Trustee and the Holders shall, 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 4 contracts
Samples: Senior Debt Indenture (Caprock Communications Corp), Indenture (Globe Holdings Inc), 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 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 proceeding, the IssuerCompany, each 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 Issuer, 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 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, then and in every such case, subject to any determination in such proceedingproceedings, the IssuerCompany, 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 Issuer, 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, then and in every such casecase the Company, the Trustee and the Holders shall, 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.. ARTICLE SEVEN
Appears in 4 contracts
Samples: Outsourcing Services (Aerosol Services Co Inc), Indenture (California Steel Industries 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 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 proceeding, the IssuerCorporation, 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 Issuer, 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 Global Enterprises, Sempra Energy
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, then and in every such case, subject to any determination in such proceeding, the IssuerIssuers, 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 Issuer, 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 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, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Guarantor and Trustee and the Holders such Holder 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 such Holder shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (FPL Group Inc), Agl Capital Trust Iii, Agl Resources 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, then and in every such casecase LNR, the Trustee and the Holders shall, 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 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 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 casecase the Company, the Guarantor, the Trustee and such Holders shall, 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 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 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, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceedingProceeding, 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 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 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 proceeding, the Issuer, either 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 Issuer, 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 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, then and in every such casecase the Issuers, the Trustee and the Holders shall, 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 has been instituted.
Appears in 4 contracts
Samples: Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture), Circus and Eldorado Joint (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 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 proceeding, the IssuerCompany, 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, 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), Alpha Technologies Group Inc, Afc Enterprises 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 proceeding, the an Issuer, any 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 Issuer, 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 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 proceeding, the IssuerCompany, 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, 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 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 proceeding, the Issuer(a) Publishing, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and (b) 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 3 contracts
Samples: Hollinger International Publishing Inc, Hollinger International 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 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, then and in every such case, subject to any determination determi- nation in such proceedingproceedings, the Issuer, 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 Issuer, 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 adversely to the Trustee or to such Holder, then, then and in every such casecase the Issuer, the Trustee and the Holders shall, 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 3 contracts
Samples: Indenture (Standard Commercial Corp), Caprock Communications Corp, Pahc Holdings 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 casecase the Issuers, the Trustee and the Holders shall, 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 3 contracts
Samples: Indenture (Phibro Animal Health Corp), Universal Compression Inc, Abraxas Petroleum 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, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, 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 3 contracts
Samples: St Paul Bancorp Inc, St Paul Bancorp Inc, Farmland Industries 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 proceeding, the IssuerCompany, any 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 Issuer, 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 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 proceeding, the IssuerIssuers, 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, 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 either 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 proceeding, the Issuer, 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 Issuer, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Brookfield Renewable Partners L.P.), Brookfield BRP (Brookfield Renewable Corp), 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 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 then in every such case, subject to any determination in such proceeding, the IssuerPartnership, 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 Issuer, 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 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 case, subject to any determination in such the proceeding, the Issuer, 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 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 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 proceeding, the IssuerCompany, 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, 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 Capital Trust, Nationwide Financial Services 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 the 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 case, subject to any determination in such the proceeding, the Issuer, 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 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 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 proceeding, the IssuerIssuers, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the IssuerIssuers, the 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 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, then and in every such case, subject to any determination in such proceeding, the Issuer, any Guarantor, 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 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 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 proceeding, the IssuerCompany, 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 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 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, then and in every such case, 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 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 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 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 proceedingproceedings or any other proceedings, the IssuerIssuers, 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 Issuer, 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 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, then and in every such casecase the Issuers, the Trustee and the Holders shall, 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 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 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 proceeding, the Issuer, any Subsidiary 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 Issuer, 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 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 case, subject to any determination in such the proceeding, the IssuerCompany, the Trustee Trustee, the Guarantors and the Holders shall will be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the IssuerCompany, the Trustee 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 (Hornbeck Offshore Services Inc /La), Supplemental Indenture (Superior Energy Services 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 proceeding, the Issuer, a 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 Issuer, 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 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 proceeding, the IssuerCo-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 Issuer, 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 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 proceeding, the IssuerGrupo Aval Limited, Grupo Aval, 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, 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 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 proceeding, the IssuerIssuers, 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 Issuer, 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 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 proceedingproceedings or any other proceedings, the IssuerESH 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 Issuer, 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 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 proceeding, the Issuer, 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 Issuer, 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 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 proceeding, the IssuerCompany, 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 Issuer, 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 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 casecase the applicable Issuer, the Guarantor, the Trustee and the Holders shall, 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 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 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 proceeding, the IssuerObligors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the IssuerObligors, the 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 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 proceedingproceedings, the Issuer, 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 Issuer, 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 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 case, subject to any determination in such the proceeding, the IssuerIssuers, any 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 IssuerIssuers, 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 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 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 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 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 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 proceeding, the IssuerIssuer and 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 Issuer, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Stone Container (Stone Container Corp), Indenture (Ibp 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 proceeding, the Issuer, 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 Issuer, 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 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 case, subject to any determination in such the proceeding, the Issuerany Issuers, any 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 Issuerany 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 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, then and in every such casecase such Trustee, the Issuer and the holders of the Notes shall, 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 or under any other Credit Document, and thereafter all rights and remedies of the Issuer, the such Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: 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 the 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 proceeding, the IssuerCompany, 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 Issuer, 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 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, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, 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 Issuer, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Burlington Resources Finance Co), Indenture (Burlington Resources 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 casecase the Issuer, the Guarantor, the Trustee and the Holders of Securities shall, 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 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 First Supplemental 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 proceedingproceedings, 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 Issuer, 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 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 casecase the Company, the Trustee and the Holders shall, 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 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 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, then and in every such casecase Alderwoods, the Trustee and the Holders shall, 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 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 Subordinated 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 proceeding, the IssuerCompany, 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, 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 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, then and in every such case, 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 and thereafter all rights and remedies hereunder of the Issuer, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Supplemental Indenture (Custom Truck One Source, Inc.), Indenture (VERRA MOBILITY 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, then and in every such case, 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 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 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 a proceeding to enforce any right or remedy under this the 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 case, subject to any determination in such the proceeding, the Issuer, any 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, 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 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 proceedingproceedings, the Issuer, the Co-Issuer, any 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, 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 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 proceeding, 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 Issuer, 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 and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, thenthen and, and in every such case, 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 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 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 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, then and in every such casecase Alderwoods, the Trustee and the Holders shall, 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 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 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 and determination in such proceeding, the IssuerCompany, 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 Issuer, 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 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, and in every such case, subject to any determination in such proceeding, the Issuer, 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 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 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, then and in every such casecase Alderwoods, the Trustee and the Holders shall, 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 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 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 then in every such case, subject to any determination in such proceeding, the IssuerCompany, 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 Issuer, 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. 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 proceeding, the IssuerCompany, the Partnership, 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, 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 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 proceeding, each of the IssuerCompanies, 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, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Starwood Lodging Corp, Starwood Lodging 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 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, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, 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, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Heinz Hj Finance Co, Heinz H J 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, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their its former positions 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 1 contract
Samples: Indenture (Urohealth Systems Inc)
Restoration of Rights and Remedies. If In case the ---------------------------------- Trustee or any Holder has instituted any proceeding shall have proceeded to enforce any right or remedy under this Indenture and such proceeding has shall have been discontinued or abandoned for any reason, or has shall have been determined adversely to the Trustee or to such Holder, then, and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder hereunder; and thereafter all rights rights, remedies and remedies powers of the IssuerCompany, the Trustee and the Holders shall continue as though no such proceeding had been institutedtaken.
Appears in 1 contract
Samples: Hussmann International Inc
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 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, then and in every such case, 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 and thereafter all rights and remedies of the Issuer, 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 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 then in every such case, subject to any determination in such proceeding, the IssuerPartnership, 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 Issuer, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: El Paso Pipeline Partners Operating Company, L.L.C.
Restoration of Rights and Remedies. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Thirty-Ninth Supplemental 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 proceedingproceedings, 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 Issuer, 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 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 proceedingproceedings, 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 Issuer, the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 1 contract
Samples: Intercreditor Agreement (Spanish Broadcasting System 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 proceeding, the IssuerCompany, 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 Issuer, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Cme 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 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 proceeding, 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 Issuer, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Subordinated Indenture (Sirius International Insurance 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 Eleventh Supplemental 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 proceedingproceedings, 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 Issuer, the Trustee and the Holders shall continue as though no such proceeding had has been instituted.
Appears in 1 contract
Samples: 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 the 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 proceeding, the IssuerCompany, the Guarantors, 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 Issuer, the Trustee and the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Comstock Resources Inc)
