Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 196 contracts
Samples: Purchase Contract Agreement (Florida Power & Light Co), Purchase Contract Agreement (Florida Power & Light Co), Purchase Contract Agreement (Florida Power & Light Co)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 88 contracts
Samples: Purchase Contract and Pledge Agreement (Ugi Corp /Pa/), Purchase Contract and Pledge Agreement (Aes Corp), Purchase Contract and Pledge Agreement (Spire Inc)
Restoration of Rights and Remedies. If any Holder of Securities has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 14 contracts
Samples: Purchase Contract Agreement (Alco Standard Corp), Purchase Contract Agreement (Financial Security Assurance Holdings LTD/Ny/), Stock Purchase Contract Agreement (Ati Financing Ii)
Restoration of Rights and Remedies. If any Holder of Units has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 12 contracts
Samples: Master Unit Agreement (Monsanto Co), Master Unit Agreement (Monsanto Co), Master Unit Agreement (Life Re Capital Trust Ii)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Graf Acquisition Corp. IV), Senior Convertible Note Purchase Agreement (Scynexis Inc), Senior Convertible Note Purchase Agreement (Scynexis Inc)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Unit Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Unit Agreement (New York Community Bancorp Inc), Unit Agreement (New York Community Capital Trust I), Unit Agreement (New York Community Bancorp Inc)
Restoration of Rights and Remedies. If any Holder of Securities has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined determine adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 5 contracts
Samples: Pledge Agreement (Radio One Licenses LLC), Stock Purchase Contract Agreement (Ccci Capital Trust Iii), Stock Purchase Contract Agreement (CCC Capital Trust Ii)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Purchase Contract Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 5 contracts
Samples: Purchase Contract Agreement, Purchase Contract Agreement (Dynegy Inc.), Purchase Contract Agreement (Post Holdings, Inc.)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such casecase the Company and the Holders shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had has been instituted.
Appears in 4 contracts
Samples: HDZ Digital Limited Partnership, Todd Ao Corp, HDZ Digital Limited Partnership
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Facility Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company Company, any Guarantor and such Holder the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Facility Agreement (TPG Advisors IV, Inc.), Facility Agreement (TPG Advisors IV, Inc.), Facility Agreement (TPG Advisors IV, Inc.)
Restoration of Rights and Remedies. If any Debenture Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Debenture Holder, then and in every such casecase the Company and the Debenture Holder shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such the Debenture Holder shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Subscription and Purchase Agreement (Renaissance Entertainment Corp), Subscription and Purchase Agreement (Renaissance Entertainment Corp), Subscription and Purchase Agreement (Oxis International Inc)
Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement Debenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such case, subject to any determination in such proceeding, the Company and such the Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Hub International LTD, Hub International LTD, Hub International LTD
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then then, and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder under this Agreement and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Purchase Contract Agreement (New Nisource Inc), Purchase Contract Agreement (New Nisource Inc)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted. SECTION 6.3.
Appears in 2 contracts
Samples: Purchase Contract Agreement (Florida Power & Light Co), Purchase Contract Agreement (Florida Power & Light Co)
Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such case, subject to any determination in such proceeding, the Company Issuer and such the Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Subscription Agreement (DiamondHead Holdings Corp.), Subscription Agreement (DiamondHead Holdings Corp.)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company KeySpan and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Agreement (Keyspan Trust Iii), Agreement (Keyspan Trust I)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such casecase the Company and the Holders shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Intercreditor Agreement (U.S. Well Services, Inc.), Note Purchase Agreement (Par Pacific Holdings, Inc.)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder under this Agreement and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Purchase Contract Agreement (Nisource Inc), Purchase Contract Agreement (New Nisource Inc)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company Issuer, any other obligor on the Original Discount Notes, and such Holder the Holders shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Note Purchase Agreement (Ddi Corp), Note Purchase Agreement (Ddi Corp)
Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such casecase the Company and the Holder shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Subordination Agreement (Enpro Industries, Inc), Subordination Agreement (Enpro Industries, Inc)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.former
Appears in 2 contracts
Samples: Purchase Contract Agreement (Metlife Capital Trust I), Purchase Contract Agreement (Metlife Capital Trust I)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such casecase MBIA and the Holders shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Fiscal Agency Agreement, Fiscal Agency Agreement (Mbia Inc)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted. Section 6.3.
Appears in 1 contract
Samples: Purchase Contract Agreement (Conseco Financing Trust Vii)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company each Co-Issuer and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Forward Purchase Contract Agreement (Provident Financial Group Inc)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceedingproceedings, the Company Company, the Guarantors and such Holder the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had has been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company Corporation, any other obligor of the Notes and such Holder the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If any Holder holder has instituted any proceeding to enforce any right or remedy under this Agreement hereunder and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holderholder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder the holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder the holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Rowan Companies Inc
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.. 58
Appears in 1 contract
Samples: Purchase Contract Agreement (Household International Inc)
Restoration of Rights and Remedies. If any Holder has ---------------------------------- instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Share Purchase Contract Agreement (Firstenergy Corp)
Restoration of Rights and Remedies. If any the Holder has ---------------------------------- instituted any proceeding to enforce any right or remedy under this Agreement Security and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such case, the Company and the Holder shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Interliant Inc
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement Security and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such case, the Company and the Holder shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such case, subject to any determination in such proceeding, the Company and such the Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Kingold Jewelry, Inc.)
Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement Debenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter and, thereafter, all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Letter Agreement (Mexican Cellular Investments Inc)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such casecase the Company, any other obligor upon the Notes and the Holders shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Investment Agreement (Acterna Corp)
Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such case, subject to any determination in such proceeding, the Company Borrower and such the Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Yield10 Bioscience, Inc.
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Note Purchase Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such casecase the Company and such Holders shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. 47 56 If any Holder of Securities has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.any
Appears in 1 contract
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company Issuer and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Purchase Contract Agreement (TPG Nv)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company Issuers and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If any Holder has instituted ---------------------------------- any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such casecase the Company, any other obligor upon the Notes and the Holders shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Investment Agreement (Acterna Corp)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.. 63
Appears in 1 contract
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former 49 55 positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Remarketing Agreement (Metlife Inc)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company TECO and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such case, subject to any determination in such proceeding, the Company Issuer and such the Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had been instituted.. β
Appears in 1 contract
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company Washington Mutual and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Unit Agreement (Washington Mutual Capital Trust 2001)
Restoration of Rights and Remedies. If any the ---------------------------------- Holder has instituted any proceeding to enforce any right or remedy under this Agreement Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such the Holder, then and in every such casecase the Company and the Holder shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such the Holder shall continue as though through no such proceeding had been instituted.
Appears in 1 contract
Samples: Pny Technologies Inc
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or Execution Version has been determined adversely to such Holder, then and in every such casecase the Company and the Holders shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Note Purchase Agreement (Flotek Industries Inc/Cn/)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.. 63 DB1/ 148045032.3
Appears in 1 contract
Samples: Purchase Contract Agreement (Florida Power & Light Co)
Restoration of Rights and Remedies. If any Holder ----------------------------------- has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If any the Holder has instituted any proceeding to enforce any right or remedy under this Agreement hereunder and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such casecase the Company and the Holder shall, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of such the Holder shall continue as though no such proceeding had has been instituted.
Appears in 1 contract
Samples: Escrow Agreement (Flanders Corp)
Restoration of Rights and Remedies. If any Holder has instituted any proceeding to enforce any right or remedy under this Agreement and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to such Holder, then and in every such case, subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of such Holder shall continue as though no such proceeding had been instituted.. 56
Appears in 1 contract
