Common use of Restoration of Rights on Abandonment of Proceedings Clause in Contracts

Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Securityholder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee or to such Securityholder, then and in every such case the Issuer, the Guarantor, the Securityholder and the Trustee shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 3 contracts

Samples: Indenture (Ahold Finance Usa Inc), Royal Ahold, Royal Ahold

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Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Securityholder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee or to such Securityholder, then and in every such case the Issuer, the Guarantor, the Securityholder and the Trustee shall, shall subject to any determination in such proceeding, be restored severally and respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 2 contracts

Samples: Indenture (Textron Financial Canada Funding Corp), Textron Financial Canada Funding Corp

Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Securityholder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee or to such Securityholder, then and in every such case the Issuer, the Guarantor, the Securityholder and the Trustee shallcase, subject to any determination in such proceedingproceeding the Issuer, the Trustee and the Securityholder shall be restored severally and respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 2 contracts

Samples: Supplemental Indenture (Safeway Stores 42, Inc.), Supplemental Indenture (Albertsons Companies, Inc.)

Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Securityholder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been finally determined adversely to the Trustee or to such Securityholder, then and in every such case the Issuer, the Guarantor, the Securityholder and the Trustee shall, subject to any determination in such proceedingproceedings, the Issuer, the Guarantor and the Trustee or such Securityholder shall be restored severally and respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 1 contract

Samples: Indenture (Sysco Corp)

Restoration of Rights on Abandonment of Proceedings. In case --------------------------------------------------- the Trustee or any Securityholder Holder of any Security shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee or to such SecurityholderHolder, then and in every such case the Issuer, the Guarantor, the Securityholder Trustee and the Trustee shall, subject to any determination in such proceeding, Holders of Securities shall be restored severally and respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 1 contract

Samples: Indenture (C Cor Net Corp)

Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Securityholder shall have proceeded to enforce any right under this Indenture Indenture, any Security or any Guarantee, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee or to such SecurityholderTrustee, then and in every such case the Issuer, the Guarantor, the Securityholder Guarantors and the Trustee shall, subject to any determination in such proceeding, shall be restored severally and respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the GuarantorGuarantors, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 1 contract

Samples: Indenture (Cbocs Sierra Inc)

Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Securityholder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee or to such Securityholder, then and in every such case the Issuer, the Guarantor, the Securityholder and the Trustee shall, shall subject to any determination in such proceedingProceeding, be restored severally and respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 1 contract

Samples: Textron Financial Corp

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Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Securityholder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been finally determined adversely to the Trustee or to such Securityholder, then and in every such case the Issuer, the Guarantor, the Securityholder and the Trustee shall, subject to any determination in such proceedingproceedings, the Issuer and the Trustee or such Securityholder shall be restored severally and respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 1 contract

Samples: Sysco Corp

Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Securityholder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee or to such Securityholder, then and in every such case the IssuerCompany, the Guarantor, Trustee and the Securityholder and the Trustee shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions and rights hereunder, and thereafter all rights, remedies and powers of the Issuer, the GuarantorCompany, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 1 contract

Samples: Hanarotelecom Inc

Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Securityholder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee or to such SecurityholderTrustee, then and in every such case the IssuerIssuer [, each of the Guarantor, the Securityholder Guarantors]* and the Trustee shall, subject to any determination in such proceeding, shall be restored severally and respectively to their former positions and rights hereunder, and all --------- * This language to be included if debt securities are guaranteed. -42- 50 rights, remedies and powers of the Issuer, [, each of the Guarantor, Guarantors]* the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 1 contract

Samples: Indenture (Starwood Hotels & Resorts)

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