Common use of Restoration of Rights and Remedies Clause in Contracts

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder 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 and the Noteholder shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of any Note 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 NoteholderHolder, then and in every such case case, subject to any determination in such proceeding, the Issuer, the Trustee and the Noteholder shall, subject to any determination in such Proceeding, 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 Noteholder Holders of Notes shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of a Note 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 NoteholderHolder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Company, 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 Noteholder Holders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then then, and in every such case case, the Issuer, the Trustee and the Noteholder Noteholders 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 and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Senior Trustee or any Noteholder of the Senior Class of Notes has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture Indenture, and such Proceeding proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Senior Trustee or to such Noteholder, then and in every such case the Issuer, the Senior Trustee and the Noteholder Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Senior Trustee and the Noteholder Noteholders shall continue as though no such Proceeding had proceeding has been instituted.

Restoration of Rights and Remedies. If the Note Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Note Indenture and such Proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Note Trustee or to such Noteholder, then and in every such case the Note Issuer, the Note Trustee and the Noteholder Noteholders 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 Note Trustee and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the Issuer, the Trustee and Trustee, the Noteholder Noteholders 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 and Trustee, the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of the Notes 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 NoteholderHolder, then and in every such case case, subject to any determination in such proceedings, the Issuer, the Trustee and the Noteholder shall, subject to any determination in such Proceeding, Holders of the Notes shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Noteholder Holders of the Notes shall continue as though no such Proceeding had proceeding has been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of a Note 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 NoteholderHolder, then and in every such case case, the IssuerCompany, the Trustee and the Noteholder Holders of Notes shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Noteholder Holders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of any Note 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 NoteholderHolder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Company, 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 Noteholder Holders of Notes shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Company, the Trustee and the Noteholders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Noteholder shall Noteholders continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder 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 Issuer, Trustee and the Noteholder shall continue as though no such Proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Note Trustee ----------------------------------- or any 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 Note Trustee or to such Noteholder, then and in every such case the Note Issuer, the Note Trustee and the Noteholder Noteholders 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 Note Trustee and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Company, the Trustee and the Noteholders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Company, the Trustee and the Noteholder Noteholders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 NoteholderPerson who instituted the Proceeding, then and in every such case the Issuer, the Trustee and the Noteholder Noteholders 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 and the Noteholder Noteholders shall continue as though no such Proceeding had has been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder Noteholders 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 and the Noteholder Noteholders shall continue as though no such Proceeding proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the IssuerCo-Issuers, the Trustee and the Noteholder 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 and the Noteholder shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of a Note 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 NoteholderHolder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Issuer, the Company, 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 Noteholder Holders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder Noteholders 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 and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of Notes 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 NoteholderHolder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceedings, the Issuer, the Guarantors, 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 Noteholder Holders of Notes shall continue as though no such Proceeding had proceeding has been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder ---------------------------------- Holder of any Note 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 NoteholderHolder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Company, 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 Noteholder Holders of Notes shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of 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 Noteholder, Holder of the Notes then and in every such case the Issuer, the Trustee and such Holder of the Noteholder Notes 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 and the Noteholder Holders of the Notes shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the IssuerCorporation, the Trustee and the Noteholder Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder Noteholders shall continue as though no such Proceeding proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the IssuerCompany, the Trustee and the Noteholder Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder Noteholders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder of the Senior Class of Notes has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture Indenture, and such Proceeding proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such NoteholderHolder, then and in every such case the Issuer, the Trustee and the Noteholder Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder Noteholders shall continue as though no such Proceeding had proceeding has been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder holder of any Note 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 Noteholderholder of the Notes, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Issuer, each Guarantor, the Trustee and the holders of the Notes shall be restored by the Issuer severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Noteholder holders of the Notes shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture Agreement or any Series Supplement and such Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder Noteholders 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 and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder holder of any Note 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 Noteholderholder of the Notes, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Issuer, each Subsidiary Guarantor, the Trustee and the holders of the Notes shall be restored by the Issuer severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Noteholder holders of the Notes shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of Notes 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 NoteholderHolder, then and in every such case the IssuerCompany, the Trustee and the Noteholder Holders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder Holders shall continue as though no such Proceeding had proceeding has been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder holder of a Note 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 Noteholderholder, then and in every such case the IssuerCompany, the Trustee and the Noteholder holders of Notes shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder holders shall continue as though no such Proceeding had proceeding has been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the Issuer, the Trustee and the such Noteholder 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 and the Noteholder shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of any Note has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been ben discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such NoteholderHolder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Company, 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 Noteholder Holders of Notes shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of any Note 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 NoteholderHolder of the Notes, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Company, 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, hereunder and thereafter all rights and remedies of the Trustee and the Noteholder Holders of the Notes shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of Secured Notes 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 NoteholderHolder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceedings, the Issuers, the Guarantors, the Trustee and the Holders of Secured Notes shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Noteholder Holders of Secured Notes shall continue as though no such Proceeding had proceeding has been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of a Note 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 NoteholderHolder, then and in every such case the IssuerCompany, the Trustee and the Noteholder Holders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder such Holders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of a Note 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 NoteholderHolder, then and in every such case case, subject to any determination in such proceeding, the Issuer, the Trustee and the Noteholder shall, subject to any determination in such Proceeding, 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 Noteholder Holders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Rated 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 Rated Noteholder, then and in every such case the IssuerCo-Issuers, the Trustee and the Rated Noteholder 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 and the Noteholder Secured Parties shall continue as though no such Proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any 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 Trustee, or to such Noteholder, then and in every such case the Issuer, the Trustee Trustee, and the Noteholder 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 the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the IssuerCompany, the Trustee and the Noteholder Noteholders 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 and the Noteholder Noteholders shall continue as though no such Proceeding had has been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of 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 NoteholderHolder of the Notes, then and in every such case the Issuer, the Trustee and the Noteholder Holder of the Notes 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 and the Noteholder Holders of the Notes shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of any Senior Note 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 NoteholderHolder, then and in every such case case, subject to any determination in such proceeding, the Issuer, the Trustee and the Noteholder shall, subject to any determination in such Proceeding, Holders of Senior Notes shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Noteholder Holders of Senior Notes shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of Notes of the Senior Class has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture Indenture, and such Proceeding proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such NoteholderHolder, then and in every such case the Issuer, the Trustee and the Noteholder Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder Noteholders shall continue as though no such Proceeding had proceeding has been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of a Note 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 NoteholderHolder, then and in every such case the IssuerCompany, the Trustee and the Noteholder Holders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder Holders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of any Note 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 NoteholderHolder, then and in every such case case, subject to any determination in such proceeding, the Issuer, the Trustee and the Noteholder shall, subject to any determination in such Proceeding, Holders of the applicable series 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 Noteholder Holders of the applicable series of Notes shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Company, the Trustee and the Noteholders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Noteholder Noteholders shall continue as though no such Proceeding proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of a Note 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 NoteholderHolder, then and in every such case the IssuerCompany, the Trustee and the Noteholder Holders of Notes shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Noteholder Holders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of a Note 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 NoteholderHolder, then and in every such case the IssuerCompany, the Trustee and the Noteholder each such Holder shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder each such Holder shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder holder of a Note 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 Noteholderholder, then and in every such case the IssuerCompany, the Trustee and the Noteholder holders of Notes shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder shall continue as though no such Proceeding had been instituted.and

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

Restoration of Rights and Remedies. If the Trustee or any Noteholder holder of any Note 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 Noteholderholder of the Notes, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Company, 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, hereunder and thereafter all rights and remedies of the Trustee and the Noteholder Holders of the Notes shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reasonabandoned, or has been determined adversely to the Trustee or to such Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder shall, subject to any determination in such ProceedingProceed ing, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Company, the Guarantors, the Trustee and the Noteholders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Noteholder Noteholders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Borrower, the Trustee and the Noteholders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Noteholder shall Noteholders continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of a Note 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 NoteholderHolder, then and in every such case the Issuer, the Guarantor, the Trustee and the Noteholder each such Holder shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder each such Holder shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of Convertible Notes 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 NoteholderHolder, then and in every such case the IssuerCompany, the Trustee and the Noteholder Holders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder Holders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of any Note has instituted any Proceeding proceeding to enforce any right or remedy under -47- 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 NoteholderHolder, then and in every such case case, subject to any determination in such proceeding, the Issuer, the Trustee and the Noteholder shall, subject to any determination in such Proceeding, 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 Noteholder Holders of Notes shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of Notes 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 NoteholderHolder, then and in every such case the IssuerOperating Partnership, the Co-Obligors, the Trustee and the Noteholder each such Holder shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder each such Holder shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder has the Noteholders have 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 Noteholderthe Noteholders, then and in every such case the Issuer, the Trustee and the Noteholder Noteholders 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 and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of Senior Notes 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 NoteholderHolder, then and in every such case the IssuerCompany, the Trustee and the Noteholder Holders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder Holders shall continue as though no such Proceeding had proceeding has been instituted.

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

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

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder 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 and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

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

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Trust, the Trustee and the Noteholders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Noteholder shall Noteholders continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any ---------------------------------- 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 Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder Noteholders 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 and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of any Note has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been ben discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such NoteholderHolder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Company, the 77 69 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 Noteholder Holders of Notes shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder holder of Convertible Subordinated Notes 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 Noteholderholder, then and in every such case the IssuerCompany, the Trustee and the Noteholder holders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder holders shall continue as though no such Proceeding had proceeding has been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of any Note 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 NoteholderHolder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, eircom Funding, 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 Noteholder Holders of Notes shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture Guarantee and such Proceeding proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Guarantor, the Trustee and the Noteholders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Noteholder Noteholders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 BUSINESS.29147457.3 to the Trustee or to such Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder Noteholders 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 and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Trustee and Indenture Trustee, the Noteholder Noteholders 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 Indenture Trustee and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then (and in every such case case) the Issuer, the Trustee Trustee, and the Noteholder 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 and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of 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 Noteholder, Holder of the Notes then and in every such case the IssuerObligors, the Trustee and such Holder of the Noteholder Notes 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 and the Noteholder Holders of the Notes shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture Agreement and such Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder Noteholders 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 and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder Noteholders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Owner Trustee or any 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 Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder Noteholders 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 and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of a Note 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 NoteholderHolder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Company, 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 Noteholder such Holders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture or the Notes and such Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Noteholder, then and in every such case the Issuer, the Trustee Trustee, and the Noteholder Noteholders 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 and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the IssuerCo-Issuers, the Trustee and the Noteholder 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 and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Note Trustee or any 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 Note Trustee, or to such Noteholder, then then, and in every such case the Issuercase, the Owner Trustee, the Certificateholder, the Note Trustee and the Noteholder Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Note Trustee and the Noteholder Noteholders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture Indenture, any Note or the Guarantee, and such Proceeding proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Company, the Guarantors, the Trustee and the Noteholders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Noteholder Noteholders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder ---------------------------------- Holder of Convertible Notes 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 NoteholderHolder, then and in every such case the IssuerCompany, the Trustee and the Noteholder Holders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder Holders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder or the Note Insurer 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, the Note Insurer or to such Noteholder, then then, and in every such case case, the Issuer, the Trustee Trustee, the Note Insurer and the Noteholder Noteholders 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, the Note Insurer and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any 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 Noteholder, then and in every such case the Issuer, the Trustee and Trustee, the Noteholder Noteholders 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 and Trustee, the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.. 72 4140-8886-1733.4

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of a Senior Note 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 NoteholderHolder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Company, the Trustee and the Holders of Senior Notes shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and the Noteholder Holders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder has instituted any 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 Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder Noteholders 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 and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Note Trustee ---------------------------------- or any 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 Note Trustee or to such Noteholder, then and in every such case the Note Issuer, the Note Trustee and the Noteholder Noteholders 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 Note Trustee and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder of the Notes has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture 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 Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Noteholder Noteholders shall continue as though no such Proceeding had proceeding has been instituted.

Restoration of Rights and Remedies. If the Trustee or ----------------------------------- any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture Agreement and such Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder Noteholders 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 and the Noteholder Noteholders shall continue as though no such Proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any a 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 Noteholder, then and in every such case the Issuer, the Trustee and the Noteholder Noteholders 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 and the Noteholder Noteholders shall continue as though no such Proceeding proceeding had been instituted.

Restoration of Rights and Remedies. If the Trustee or any Noteholder Holder of any Note 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 NoteholderHolder, then and in every such case the Issuer, the Trustee and the Noteholder shallcase, subject to any determination in such Proceedingproceeding, the Issuer, the Guarantors, 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 Noteholder Holders of Notes shall continue as though no such Proceeding proceeding had been instituted.