Common use of Restoration of Rights and Remedies Clause in Contracts

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, the Trustee, such Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, the Trustee, such the Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder the Holders and such holder the holders of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Capital Securities issued by any Issuer Trust 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, such Holder or such holder of Preferred Capital Securities, then then, and in every such case case, the Company, the Trustee, such Holders and such holder of Preferred Capital Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Capital Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Capital Securities 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, such Holder or such holder of Preferred Capital Securities, then and in every such case the Company, the Trustee, such the Holders and such holder of Preferred Capital Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder the Holders and such holder the holders of Preferred Capital Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities issued by the Issuer Trust 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, such Holder or such holder of Preferred Securities, then then, and in every such case case, the Company, the Trustee, such Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, the Guarantor, the Trustee, such Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities issued by any Issuer Trust 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, such Holder or such holder of Preferred Securities, then and in every such case the CompanyCorporation, the Trustee, such Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Capital Securities issued by any Issuer Trust 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, such Holder or such holder of Preferred Capital Securities, then and in every such case the CompanyCorporation, the Trustee, such Holders and such holder of Preferred Capital Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Capital Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Trust Preferred Securities 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, such Holder or such holder of Trust Preferred Securities, then and in every such case the Company, the Trustee, such the Holders and such holder of Trust Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder the Holders and such holder the holders of Trust Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Capital Securities 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, such Holder or such holder of Preferred Capital Securities, then and in every such case the Company, the Trustee, such the Holders and such holder Holder of Preferred Capital Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder the Holders and such holder the holders of Preferred Capital Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, the Trustee, such Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Securities shall continue as though no such proceeding had been instituted. SECTION 5.10.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Capital Securities 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, such Holder or such holder of Preferred Capital Securities, then and in every such case the CompanyCorporation, the Guarantor, the Trustee, such Holders and such holder of Preferred Capital Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Capital Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, the Trustee, such Holders and such holder of Preferred Securities shallcase, subject to any determination in such proceeding, the Company, the Trustee, the Holders and such holders of Preferred Securities shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee, such Holder the Holders and such holder the holders of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, Trustee or any Holder or any holder of Trust Preferred Securities 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, such Holder or such holder of Trust Preferred Securities, then and in every such case the Company, the Trustee, such Holders and such holder of Preferred Securities shallcase, subject to any determination in such proceeding, the Company, the Trustee, the Holders and the holders of Trust Preferred Securities shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee, such Holder the Holders and such holder the holders of Trust Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Preference Securities 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, such Holder or such holder of Preferred Preference Securities, then and in every such case the Company, the Trustee, such the Holders and such holder of Preferred Preference Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder the Holders and such holder the holders of Preferred Preference Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, or any Holder or any holder of Preferred Capital Securities 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, such Holder or such holder of Preferred Capital Securities, then and in every such case the Company, the Trustee, such Holders and such holder of Preferred Securities shallcase, subject to any determination in such proceeding, the Company, the Trustee, the Holders and the holders of Capital Securities shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Capital Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, the Trustee, such Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder Xxxxxx and such holder of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, the Trustee, such Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Securities shall continue as though no such proceeding had been instituted.. 37

Restoration of Rights and Remedies. If the Trustee, any Holder holder of Capital Securities or any holder of Preferred Securities 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, such Holder or to such holder of Preferred SecuritiesCapital Securities or to such Holder, then and in every such case the Company, the Trustee, such Holders and such holder of Preferred Securities shallcase, subject to any determination in such proceeding, the Company, the Trustee, the holders of Capital Securities and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee, such Holder the holders of Capital Securities and such holder of Preferred Securities the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities issued by any Trust 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, the Trustee, such Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, Trustee or any Holder or any holder of Preferred Securities has instituted any proceeding to enforce any right or remedy under this Indenture or under any Security Document, the Intercreditor Agreement, the Registration Rights Agreement, any Note or any Guarantee and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee, Trustee or to such Holder or such holder of Preferred SecuritiesHolder, then and in every such case the Company, each Guarantor, the Trustee, such Trustee and the Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunderhereunder and thereunder, and thereafter all rights and remedies of the Trustee, such Holder Trustee and such holder of Preferred Securities the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the CompanyCorporation, the Trustee, such the Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder the Holders and such holder the holders of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the CompanyGroup, the Trustee, such the Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder the Holders and such holder the holders of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, the Trustee, such the Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder the Holders and such holder the holders of Preferred Securities shall continue as though no such proceeding had been instituted.. 48 41

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, the Guarantor, the Trustee, such the Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder the Holders and such holder the holders of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, the Trustee, such Holders and such holder of Preferred Securities shall, subject to any determination EXHIBIT D in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Capital Securities issued by an ONB Trust 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, such Holder or such holder of Preferred Capital Securities, then and in every such case the Company, the Trustee, such Holders and such holder of Preferred Securities shallcase, subject to any determination in such proceeding, the Company, the Trustee, such Holder and such holder of Capital Securities shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Capital Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the Companycase, the Trustee, such the Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder the Holders and such holder the holders of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities issued by any Trust 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, the Trustee, such Holders Holder and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder the holders of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, Trustee or any Holder or any holder of Preferred Securities has instituted any proceeding to enforce any right or remedy under this Indenture or any Guarantee of the Securities and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee, Trustee or to such Holder or such holder of Preferred SecuritiesHolder, then and in every such case the Company, the Trustee, such Holders and such holder of Preferred Securities shallcase, subject to any determination in such proceeding, the Company, any Subsidiary Guarantor, any other obligor on the Securities, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder Trustee and such holder of Preferred Securities the Holders shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any ------------ ---------------------------------- Holder or any holder of Preferred Capital Securities 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, such Holder or such holder of Preferred Capital Securities, then and in every such case the Company, the Trustee, such the Holders and such holder of Preferred Capital Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder the Holders and such holder the holders of Preferred Capital Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, the Trustee, such Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Securities shall continue as though no such proceeding had been instituted.. Exhibit D

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Capital Securities issued by an HCC Trust 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, such Holder or such holder of Preferred Capital Securities, then and in every such case the Company, the Trustee, such Holders and such holder of Preferred Securities shallcase, subject to any determination in such proceeding, the Company, the Trustee, such Holder and such holder of Capital Securities shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Capital Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, the Trustee, such Holders and such holder bolder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any ----------------------------------- Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, the Trustee, such the Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder the Holders and such holder the holders of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any registered holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the CompanyCorporation, the Trustee, such the Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder the Holders and such holder the holders of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, Trustee or any Holder of any Debt Security or any the holder of Preferred Securities any Coupon has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee, Trustee or to such Holder or such holder of Preferred Securitiesholder, then and in every such case the Company, the Trustee, such Holders and such holder of Preferred Securities shallcase, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Debt Securities and the holders of any Coupons shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee, such Holder Trustee and such holder the Holders of Preferred Debt Securities and the holders of any Coupons shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, the Trustee, such Holders Holder and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, Reading NZ, the Trustee, such Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, Trustee or any Holder or any holder of a Preferred Securities Security has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee, Trustee or to such Holder or such holder of a Preferred SecuritiesSecurity, as the case may be, then and in every such case the Company, the Trustee, such Holders and such holder of Preferred Securities shallcase, subject to any determination in such proceeding, the Company, the Trustee, the Holders and the holders of the Preferred Securities shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee, such Holder Trustee and such holder the Holders and the holders of the Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities 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, such Holder or such holder of Preferred Securities, then and in every such case the Company, the Trustee, such the Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder the Holders and such holder the holders of Preferred Securities shall continue as though no such proceeding had been instituted.. 49 41

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Preferred Securities has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee, Trustee or such Holder or such holder of Preferred Securities, then and in every such case the Company, the Trustee, such Holders and such holder of Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, Trustee and such Holder and such holder of Preferred Securities shall continue as though no such proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee, any Holder or any holder of Trust Preferred Securities issued by an Issuer Trust has instituted any proceeding proceedings 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, such Holder or such holder of Trust Preferred Securities, then and in every such case the Company, the Trustee, such the Holders and such holder the holders of Trust Preferred Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, such Holder and such holder of Preferred Securities shall continue as though no such proceeding had been instituted.the