Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 16 contracts
Sources: Indenture (Smurfit WestRock PLC), Indenture (Smurfit WestRock PLC), Indenture (Fresenius Medical Care AG & Co. KGaA)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 16 contracts
Sources: First Supplemental Indenture (Greenbrier Companies Inc), Indenture (Greenbrier Companies Inc), Indenture (Biomarin Pharmaceutical Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then then, and in every such case, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 13 contracts
Sources: Indenture (NewStar Financial, Inc.), Indenture (LEAF Equipment Finance Fund 4, L.P.), Indenture (Resource America, Inc.)
Restoration of Rights and Remedies. If the Senior Trustee or any Holder Noteholder of any Note the Senior Class of Notes has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, and such proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Senior Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Senior Trustee and the Noteholders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Senior Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had has been instituted.
Appears in 12 contracts
Sources: Indenture (Zealand Pharma a/S), Indenture (Zealand Pharma a/S), Indenture (Alexza Pharmaceuticals Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note the Notes has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceedingproceedings, the Issuer, the Trustee and the Holders of the Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of the Notes shall continue as though no such proceeding had has been instituted.
Appears in 10 contracts
Sources: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee, the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and Trustee, the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 10 contracts
Sources: Base Indenture (Oportun Financial Corp), Base Indenture (Oportun Financial Corp), Base Indenture (Oportun Financial Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 8 contracts
Sources: Euro Indenture (JSG Acquisitions I), Dollar Indenture (JSG Acquisitions I), Mezzanine Indenture (Waterford Wedgwood PLC)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, the Company, the Trustee and the Holders of Notes shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 8 contracts
Sources: Indenture (Transwitch Corp /De), Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Junior Subordinated Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Junior Subordinated Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Sources: Subordinated Note Indenture (Southern Power Co), Subordinated Note Indenture (Gulf Power Co), Subordinated Note Indenture (Georgia Power Co)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Issuer, Trustee and the Holders of Notes Noteholder shall continue as though no such proceeding Proceeding had been instituted.
Appears in 6 contracts
Sources: Indenture (NewStar Financial, Inc.), Indenture (NewStar Financial, Inc.), Indenture (NewStar Financial, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Sources: Indenture (Ace Securities Corp), Indenture (Barnett Auto Receivables Corp), Indenture (Oxford Resources Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall Noteholders continue as though no such proceeding had been instituted.
Appears in 6 contracts
Sources: Indenture (Charter Equipment Lease 1998-1 LLC), Indenture (Copelco Capital Receivables LLC), Indenture (Copelco Capital Funding LLC 99-B)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 5 contracts
Sources: Base Indenture (Conns Inc), Base Indenture (Conns Inc), Base Indenture (Conns Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Issuer, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 5 contracts
Sources: First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Co-Issuers, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholder shall continue as though no such proceeding Proceeding had been instituted.
Appears in 5 contracts
Sources: Indenture (Palmer Square Capital BDC Inc.), Supplemental Indenture (Garrison Capital Inc.), Indenture (JMP Group LLC)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Notes has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, case the Issuer, the Trustee and the Holders of Notes shall shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 5 contracts
Sources: Indenture (Corporate Realty Consultants Inc), Indenture (Corporate Realty Consultants Inc), Indenture (Corporate Realty Consultants Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Company, the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 5 contracts
Sources: Indenture (Mge Energy Inc), Indenture (Madison Gas & Electric Co), Indenture (Midamerican Energy Financing Ii)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderPerson who instituted the Proceeding, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had Proceeding has been instituted.
Appears in 5 contracts
Sources: Indenture (Iconix Brand Group, Inc.), Indenture (Iconix Brand Group, Inc.), Indenture (Iconix Brand Group, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Corporation, the Trustee and the Noteholders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Sources: Indenture (Flushing Financial Corp), Indenture (Flushing Financial Corp), Indenture for Subordinated Notes (State Bancorp Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding to enforce any right or remedy under this Amended and Restated Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Sources: Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii)
Restoration of Rights and Remedies. If the Trustee or any ---------------------------------- Holder of any Note Notes has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Sources: Indenture (McLeodusa Inc), Indenture (McLeodusa Inc), Indenture (McLeod Inc)
Restoration of Rights and Remedies. If the Trustee or any ---------------------------------- Holder of any Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Sources: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been ben discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Sources: Indenture (Versatel Telecom International N V), Indenture (Versatel Telecom International N V), Indenture (Versatel Telecom International N V)
Restoration of Rights and Remedies. If the Trustee or any Holder holder of any Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holderholder of the Notes, then and in every such case, subject to any determination in such proceeding, the Issuer, each Subsidiary Guarantor, the Trustee and the Holders holders of the Notes shall be restored by the Issuer severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders holders of the Notes shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Sources: Indenture (Central European Media Enterprises LTD), Indenture (Central European Media Enterprises LTD), Indenture (Central European Media Enterprises LTD)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and such Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholder shall continue as though no such proceeding Proceeding had been instituted.
Appears in 3 contracts
Sources: Indenture (Monroe Capital Income Plus Corp), Indenture (Monroe Capital Income Plus Corp), Indenture (Monroe Capital Income Plus Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the such Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Sources: Indenture (Terex Corp), Indenture (Terex Corp), Indenture (Terex Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder Noteholder of any Note the Senior Class of Notes has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had has been instituted.
Appears in 3 contracts
Sources: Indenture (NPS Pharmaceuticals Inc), Indenture (NPS Pharmaceuticals Inc), Indenture (Alkermes Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Company, the Trustee and the Noteholders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Sources: Indenture (Transtel S A), Indenture (Hawthorne Financial Corp), Indenture (Local Financial Corp /Nv)
Restoration of Rights and Remedies. If the Trustee or any Holder holder of any a Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holderholder, then and in every such casecase the Company, the Trustee and the holders of Notes shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes holders shall continue as though no such proceeding had has been instituted.
Appears in 3 contracts
Sources: Indenture (Bank of America Corp /De/), Restated Indenture (Bank of America Corp /De/), Indenture (Bank of America Corp /De/)
Restoration of Rights and Remedies. If the Trustee or any Holder holder of any Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holderholder of the Notes, then and in every such case, subject to any determination in such proceeding, the Issuer, each Guarantor, the Trustee and the Holders holders of the Notes shall be restored by the Issuer severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders holders of the Notes shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Sources: Indenture (Central European Media Enterprises LTD), Indenture (Central European Media Enterprises N.V.), Indenture (CME Media Enterprises B.V.)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Notes of the Senior Class has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had has been instituted.
Appears in 2 contracts
Sources: Indenture (Morgan Stanley Aircraft Finance), Indenture (Aerco LTD)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then (and in every such case) the Issuer, the Trustee, and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Invesco Commercial Real Estate Finance Trust, Inc.), Indenture (Redwood Trust Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and each such Holder shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes each such Holder shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Commercial Federal Corp), Indenture (Commercial Federal Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee Trustee, or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee, and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee Trustee, and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Sutherland Asset Management Corp), Indenture (Capitalsource Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Junior Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Junior Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Junior Notes shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Marconi Corp PLC), Indenture (Marconi Corp PLC)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Collins & Aikman Corp), Indenture (Collins & Aikman Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Senior Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Senior Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Senior Notes shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Marconi Corp PLC), Indenture (Marconi Corp PLC)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Notes has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Issuer, the Guarantor, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Mobile Telesystems Ojsc), Indenture (Mobile Telesystems Ojsc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Fidelity Leasing Inc), Indenture (Fidelity Leasing Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Notes has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Stuart Entertainment Inc), Indenture (Ameristar Casinos Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Notes of the Senior Class has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Issuer, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had has been instituted.
Appears in 2 contracts
Sources: Trust Indenture (Avolon Holdings LTD), Trust Indenture (AerCap Holdings N.V.)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Rated Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderRated Noteholder, then and in every such casecase the Co-Issuers, the Trustee and the Rated Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Secured Parties shall continue as though no such proceeding Proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (Northstar Realty), Indenture (Northstar Realty)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Notes has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Issuer, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had has been instituted.
Appears in 2 contracts
Sources: Trust Indenture (Genesis Lease LTD), Trust Indenture (Babcock & Brown Air LTD)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders of Notes shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Sources: Supplemental Indenture (Level 3 Communications Inc), First Supplemental Indenture (Level 3 Communications Inc)
Restoration of Rights and Remedies. If the any Trustee or any Holder of any Note has shall have instituted any proceeding to enforce any right or remedy under this Indenture or under any other Credit Document and such proceeding has shall have been discontinued or abandoned for any reason, or has shall have been determined adversely to the Trustee or to such HolderTrustee, then and in every such casecase such Trustee, the Issuer and the holders of the Notes shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder or under any other Credit Document, and thereafter all rights and remedies of the such Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Sources: Trust Indenture and Security Agreement (Noble Drilling Corp), Trust Indenture and Security Agreement (Noble Drilling Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Sources: Indenture (BMB Munai Inc), Indenture (BMB Munai Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (Americredit Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has shall have instituted any proceeding to enforce any right or remedy under this Indenture or under any other Security Document and such proceeding has shall have been discontinued or abandoned for any reason, or has shall have been determined adversely to the Trustee or to such HolderTrustee, then and in every such casecase the Trustee, the Issuer and the holders of the Secured Obligations shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder or under any other Security Document, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Sources: Collateral Trust Indenture, Security and Assignment Agreement (Madison Gas & Electric Co)
Restoration of Rights and Remedies. If the Trustee or ----------------------------------- any Holder of any Note Notes has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (Azteca Holdings Sa De Cv)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Senior Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Senior Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Convertible Notes has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (Usn Communications Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Notes has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Issuer, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (Anchor Holdings Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Indenture Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Indenture Trustee, the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (Oportun Financial Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Trustee or to such Holderthe Noteholder, then and in every such casecase the Issuer, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Sources: Variable Funding Note (Consumer Portfolio Services Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the IssuerBorrower, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall Noteholders continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Debentureholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderDebentureholder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes Debentureholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes Debentureholders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been ben discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the 77 69 Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (Versatel Telecom Bv)
Restoration of Rights and Remedies. If the Trustee or any Holder Noteholder of any Note the Notes has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, and such proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had has been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or ----------------------------------- any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture Agreement and such proceeding Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Sources: Pledge and Servicing Agreement (Fairfield Communities Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reasonabandoned, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceed ing, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (Dyncorp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has the Noteholders have instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Trustee or to such Holderthe Noteholders, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (Gehl Co)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note has instituted any proceeding to enforce any right or remedy under this Indenture or under any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, the Company, the Trustee and the Holders of such Notes shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the such Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Sources: Trust Indenture (Bce Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely BUSINESS.29147457.3 to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (Hercules Capital, Inc.)
Restoration of Rights and Remedies. If the any Trustee or any Holder of any Note has shall have instituted any proceeding to enforce any right or remedy under this Indenture or under any other Project Document and such proceeding has shall have been discontinued or abandoned for any reason, or has shall have been determined adversely to the Trustee or to such HolderTrustee, then and in every such casecase such Trustee, the Issuer and the holders of the Notes shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder or under any other Project Document, and thereafter all rights and remedies of the such Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Sources: Trust Indenture and Security Agreement (R&b Falcon Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder holder of any Note Convertible Subordinated Notes has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holderholder, then and in every such casecase the Company, the Trustee and the holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes holders shall continue as though no such proceeding had has been instituted.
Appears in 1 contract
Sources: Indenture (Doubleclick Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Issuereircom Funding, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Sources: Senior Subordinated Indenture (Valentia Telecommunications)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (Oakwood Homes Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (Asset Investors Corp)
Restoration of Rights and Remedies. If the Note Trustee or any Holder of any Note 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 Note Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Issuer, the Guarantors, the Note Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Note Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note ---------------------------------- Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture Agreement and such proceeding Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or ---------------------------------- any Holder of any Note Notes has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (McLeodusa Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Co-Issuers, the Trustee and the Noteholder will, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall Noteholder will continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the -------------------------------------- Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any any, reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Secured Parties shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (Aon Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the IssuerTrust, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall Noteholders continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding to enforce any right or remedy under this Indenture Guarantee and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the IssuerGuarantor, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has instituted any proceeding to enforce any right or remedy under this Nineteenth Supplemental Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceedingproceedings, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had has been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Co-Issuers, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (CBRE Realty Finance Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of the Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of the Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (Smurfit Westrock PLC)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such casecase the Issuer, the Guarantor, the Trustee and each such Holder shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes each such Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any Holder holder of any Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holderholder of the Notes, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, each Subsidiary Guarantor, the Trustee and the Holders of the Notes shall be restored by the Company severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of the Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Guarantors, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (Wolverine Tube Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee, the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and Trustee, the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.. 72 4140-8886-1733.4
Appears in 1 contract
Restoration of Rights and Remedies. If the Owner Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture and such proceeding Proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the such Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Sources: Indenture (American Greetings Corp)