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 199 contracts
Sources: 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 89 contracts
Sources: Purchase Contract and Pledge Agreement (Spire Missouri Inc), Purchase Contract and Pledge Agreement (Ugi Corp /Pa/), Purchase Contract and Pledge Agreement (Aes Corp)
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 15 contracts
Sources: Purchase Contract Agreement (Sunamerica Capital Trust Vi), Purchase Contract Agreement (Financial Security Assurance Holdings LTD/Ny/), Purchase Contract Agreement (Aes Trust Iii)
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
Sources: Purchase Contract Agreement (Xo Communications Inc), Master Unit Agreement (CMS Energy Corp), Master Unit Agreement (Amerus Life 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 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
Sources: 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
Sources: 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
Sources: Stock Purchase Contract Agreement (CCC Capital Trust Ii), Stock Purchase Contract Agreement (Radio One Licenses LLC), Stock Purchase Contract Agreement (Allied Waste North America Inc/De/)
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
Sources: 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
Sources: Note Agreement (HDZ Digital Limited Partnership), Note Agreement (Todd Ao Corp), Note Agreement (HDZ Digital Limited Partnership)
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
Sources: Convertible Subordinated Debenture (Hub International LTD), Convertible Subordinated Debenture (Hub International LTD), Debenture (Hub International LTD)
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
Sources: Senior Unsecured Facility Agreement (TPG Advisors IV, Inc.), Senior Secured Facility Agreement (TPG Advisors IV, Inc.), Pik Facility Agreement (TPG Advisors IV, 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
Sources: Purchase Contract Agreement (New Nisource Inc), Purchase Contract Agreement (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 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 2 contracts
Sources: Purchase Contract Agreement (Aegon Funding Co LLC), Purchase Contract Agreement (Aegon 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 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
Sources: Unit Agreement (Keyspan Trust Iii), Unit 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 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
Sources: Purchase Contract Agreement (New Nisource Inc), Purchase Contract Agreement (New Nisource Inc)
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
Sources: Convertible Note Purchase Agreement (DiamondHead Holdings Corp.), Convertible Note Purchase Agreement (DiamondHead Holdings 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
Sources: Promissory Note (Enpro Industries, Inc), Promissory Note (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 IndyMac Bancorp 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
Sources: Unit Agreement (Indymac Bancorp Inc), Unit Agreement (Indymac Bancorp 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
Sources: Note Purchase Agreement (Ddi Corp), Note Purchase Agreement (Ddi 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 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
Sources: Note Purchase 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 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
Sources: 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.former
Appears in 2 contracts
Sources: 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 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
Sources: 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 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
Sources: Purchase Contract Agreement (TPG Nv)
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
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 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
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
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 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
Sources: 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 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
Sources: 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 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
Sources: Convertible Note Purchase Agreement (United Homes 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 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 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
Sources: Share Purchase Contract Agreement (Firstenergy Corp)
Restoration of Rights and Remedies. If any Holder has the Holders shall have instituted any proceeding to enforce any right or remedy under this Agreement or any other Financing Document and such proceeding has shall have been discontinued continued or abandoned for any reason, or has shall have been determined adversely to such Holderthe Holders, then and in every such caseevent, the Holders and Borrower shall, to the maximum extent permitted by law and subject to any determination in such proceeding, the Company and such Holder shall be restored severally and respectively to their former positions hereunder and thereunder, 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
Sources: Note Purchase Agreement (Pope Resources LTD Partnership)
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.. 62 DB1/ 151940830.4
Appears in 1 contract
Sources: 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.. 58
Appears in 1 contract
Sources: 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 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
Sources: 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 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
Sources: Debenture Purchase Agreement (Mexican Cellular Investments Inc)
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 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 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 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
Sources: Forward Purchase Contract Agreement (Provident Financial Group Inc)
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
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
Sources: 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.
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 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
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. 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
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
Sources: Unit Agreement (Washington Mutual Capital Trust 2001)