Common use of Termination of Proceedings Clause in Contracts

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, the Issuer, the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 7 contracts

Samples: Lease Agreement (NuStar Energy L.P.), Lease Agreement (NuStar Energy L.P.), Lease Agreement (NuStar Energy L.P.)

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Termination of Proceedings. In case the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiver Trust Agreement in any suit, action or otherwiseproceedings, and such the suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such caseadversely to the Trustee, the Issuer, the Trustee Corporation and the Owners of Bonds Holders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such suit, action or proceedings had been taken.

Appears in 6 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued continued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, Issuer and the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 6 contracts

Samples: Trust Indenture (Entergy Arkansas Inc), Trust Indenture (Entergy Arkansas Inc), Trust Indenture (Entergy Mississippi Inc)

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee and the Owners of Bonds Bondholders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 5 contracts

Samples: Indenture of Trust (Southwest Gas Corp), Indenture of Trust (Southwest Gas Corp), Indenture of Trust (Southwest Gas Corp)

Termination of Proceedings. In case any proceedings commenced by the Trustee shall have proceeded to enforce on account of any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings default shall have been discontinued or abandoned for any reason, reason or shall have been determined adverselyadversely to the Trustee, then and in every such casecase the Corporation, the IssuerTrustee, the Trustee each Provider and the Owners of Bonds Bondholders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies remedies, powers and powers duties of the Trustee shall continue as if though no such proceedings proceeding had been takencommenced.

Appears in 5 contracts

Samples: Trust Indenture, Master Trust Indenture, Master Trust Indenture

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, the IssuerAuthority, the Trustee and the Bond Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 5 contracts

Samples: mccmeetingspublic.blob.core.usgovcloudapi.net, Indenture of Trust, mccmeetingspublic.blob.core.usgovcloudapi.net

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, by entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee Trustee, the Credit Facility Provider, the Borrower and the Owners of Bonds Bondholders shall be restored to their former positions and rights hereunder, respectively, hereunder with regard respect to the property subject to this IndentureTrust Estate herein conveyed, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 4 contracts

Samples: Trust Indenture, Trust Indenture, Multifamily Housing Revenue

Termination of Proceedings. In the case any proceeding taken by the Trustee shall have proceeded to enforce on account of any right under this Indenture by the appointment Event of a receiver or otherwise, and such proceedings Default shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the IssuerAuthority, the Trustee and the Owners of Bonds Bondowners shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies remedies, powers and powers duties of the Trustee shall continue as if though no such proceedings proceeding had been taken.

Appears in 4 contracts

Samples: www.icfauthority.org, www.icfauthority.org, www.icfauthority.org

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee Company and the Owners of Bonds Trustee shall be restored to their former positions and rights hereunder, respectively, with regard respect to the property subject to this IndentureTrust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 3 contracts

Samples: Trust Indenture, Trust Indenture, Financing and Covenant Agreement

Termination of Proceedings. In case the event that the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, the Issuer, the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 3 contracts

Samples: Weirton Steel Corp, Weirton Steel Corp, Weirton Steel Corp

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee and the Owners of Bonds Noteholders shall be restored to their former positions and rights hereunderhereunder and thereunder, respectively, with regard to the property herein subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 3 contracts

Samples: Trust Indenture (PMC Capital Inc), Trust Indenture (PMC Capital Inc), Trust Indenture (PMC Commercial Trust /Tx)

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee Borrower and the Owners of Bonds Trustee shall be restored to their former positions and rights hereunder, respectively, with regard respect to the property subject to this IndentureTrust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 3 contracts

Samples: Trust Indenture, Trust Indenture, Trust Indenture

Termination of Proceedings. In case the Trustee or any Beneficiary shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee or such Beneficiary, then and in every such case, case the Issuer, Corporation and the Trustee and the Owners of Bonds shall or such Beneficiary shall, subject to any final determination in such proceedings, be restored to their former positions and rights hereunder, respectively, hereunder with regard to the property subject respect to this Indenture, and all rights, remedies and powers of the Trustee and the Beneficiaries shall continue as if no such proceedings had been taken.

Appears in 3 contracts

Samples: Please Insert Social Security (Education Loans Inc /De), Please Insert Social Security (Education Loans Inc /De), Education Loans Inc /De

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee WLCDC and the Owners of Bonds Trustee shall be restored to their former positions and rights hereunder, respectively, with regard respect to the property subject to this IndentureTrust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 3 contracts

Samples: Financing Agreement, Trust Indenture, Trust Indenture

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, Agreement and such proceedings shall have been discontinued or abandoned for any reason, reason or shall have been determined adverselyadversely to the Trustee, then and in every such case, case the Issuer, Authority and the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee Developer and the Owners of Bonds Trustee shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 2 contracts

Samples: Financing Agreement, Financing Agreement

Termination of Proceedings. In case the Trustee shall have proceeded undertaken any proceedings to enforce any right under this the Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, the Issuer, the Trustee Company, the Bank and the Owners of Bonds Trustee shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 2 contracts

Samples: Mechanical Technology Inc, Plug Power Inc

Termination of Proceedings. In case any proceedings taken by the Trustee shall have proceeded to enforce or any right under this Indenture by the appointment one or more Owners on account of a receiver or otherwise, and such proceedings any Event of Default shall have been discontinued or abandoned for any reason, reason or shall have been determined adverselyadversely to the Trustee or the Owners, then and in every such case, case the IssuerAuthority, the Trustee and the Owners of Bonds Owners, subject to any determination in such proceedings, shall be restored to their former positions and rights hereunder, severally and respectively, with regard to the property subject to this Indenture, and all rights, remedies remedies, powers and powers duties of the Authority, the Trustee and the Owners shall continue as if though no such proceedings had been taken.

Appears in 2 contracts

Samples: mccmeetingspublic.blob.core.usgovcloudapi.net, Indenture

Termination of Proceedings. In the case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property herein subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 2 contracts

Samples: Trust Indenture and Security Agreement, Bond Trust Indenture and Security Agreement

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture Agreement by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, the Issuer, adversely to the Trustee and the Owners of Bonds shall shall, subject to any determination in such proceeding, be restored to their former positions and rights hereunder, respectively, hereunder with regard respect to the property subject to this IndentureUtility Revenues pledged and assigned hereunder, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 2 contracts

Samples: Amended and Restated Trust Agreement, Trust Agreement

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture hereunder by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such casecase the Authority, the Issuer, Letter of Credit Issuer and the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, hereunder and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 2 contracts

Samples: Burlington Coat Factory Warehouse Corp, Burlington Coat Factory Warehouse Corp

Termination of Proceedings. In case the Authority Trustee shall have proceeded to enforce any right under this Indenture Agreement by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, the IssuerDistrict, the Authority, the Authority Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this IndentureAgreement, and all rights, remedies and powers of the Authority Trustee shall continue as if no such proceedings had been taken.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiver in any suit, action or otherwiseproceedings, and such the suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such caseadversely to the Trustee, the Issuer, the Trustee and the Owners of Bonds Holders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such suit, action or proceedings had been taken.

Appears in 2 contracts

Samples: Trust Indenture (Global Water Resources, Inc.), Wca Shiloh Landfill LLC

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee Foundation and the Owners of Bonds Trustee shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 2 contracts

Samples: Trust Indenture, Trust Indenture

Termination of Proceedings. In case If the Trustee shall have proceeded to enforce ------------ -------------------------- commenced the enforcement of any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, reason or shall have been determined adverselyadversely to the Trustee, then and in every such case, the Issuer, the Trustee Borrower, the Letter of Credit Issuer, and the Owners of Bonds Trustee shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to under this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Indenture of Trust (Pen Tab Industries Inc)

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture or any Loan Document by the appointment of a receiver receiver, by entry and possession, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case, case the Issuer, Issuer and the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, hereunder with regard respect to the property subject to this Indentureherein conveyed, and all rights, remedies remedies, and powers of the Trustee shall continue as if no such proceedings had been taken.taken.β€Œ

Appears in 1 contract

Samples: Trust Indenture

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such casecase the City, the Issuer, Company and the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Financing Agreement

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee and the Owners of Bonds Noteholders shall be restored to their former positions position and rights hereunder, respectively, with regard to the property herein subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: GMH Communities Trust

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, Trust Agreement and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, adversely then and in every such case, case the IssuerCompany, the Trustee and the Owners of Bonds Certificate Holders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (Northeast Utilities System)

Termination of Proceedings. β€Œ In case the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiver Trust Agreement in any suit, action or otherwiseproceedings, and such the suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such caseadversely to the Trustee, the Issuer, the Trustee Corporation and the Owners of Bonds Holders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such suit, action or proceedings had been taken.

Appears in 1 contract

Samples: Trust Agreement

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiver in any suit, action or otherwiseproceedings, and such the suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such caseadversely to the Trustee, the Issuer, the Trustee and the Owners of Bonds Holders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such suit, action or proceedings had been taken.. OHSUSA:763098104.5

Appears in 1 contract

Samples: Trust Indenture

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, Issuer and the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, ; and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken, except to the extent the Trustee is legally bound by such adverse determination.

Appears in 1 contract

Samples: Trust Indenture (System Energy Resources Inc)

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this the Indenture by the appointment of a receiver receiver, by entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee Company and the Owners of Bonds Trustee shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Enron Corp/Or/

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such casecase the Corporation, the IssuerTrustee, the Trustee related Series Credit Bank, if any, and the Owners registered owners of the Bonds of such Series shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Indenture of Trust (Provena Foods Inc)

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, by entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee Company, the Bondholders, the Bank and the Owners of Bonds Trustee shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Trust Indenture (Wca Waste Corp)

Termination of Proceedings. In case the Trustee or any Beneficiary shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee or such Beneficiary, then and in every such case, case the Issuer, Issuer and the Trustee and the Owners of Bonds shall or such Beneficiary shall, subject to any final determination in such proceedings, be restored to their former positions and rights hereunder, respectively, hereunder with regard to the property subject respect to this Indenture, and all rights, remedies and powers of the Trustee and the Beneficiaries shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Collegiate Funding Services Inc

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee and the Owners of Bonds Bondholders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken. Section 9.09.

Appears in 1 contract

Samples: Southwest Gas Corp

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, by entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee Lessee and the Owners of Bonds Trustee shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings proceeding had been taken.

Appears in 1 contract

Samples: Lease Agreement (Conrad Industries Inc)

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiver in any suit, action or otherwiseproceedings, and such the suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such caseadversely to the Trustee, the Issuer, the Trustee Trustee, the Bank and the Owners of Bonds Holders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such suit, action or proceedings had been taken.

Appears in 1 contract

Samples: Trust Indenture (Escalade Inc)

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, Issuer and the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Trust Indenture

Termination of Proceedings. In case the Trustee shall -------------------------- have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiver in any suit, action or otherwiseproceeding, and such proceedings the suit, action or proceeding shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such caseadversely to the Trustee, the Issuer, the Trustee Trustee, the Bank and the Owners of Bonds Holders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings suit, action or proceeding had been taken.

Appears in 1 contract

Samples: Funds And (Innovative Solutions & Support Inc)

Termination of Proceedings. In case the Trustee shall have proceeded undertaken any proceedings to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, the Issuer, the Trustee Company, the Bank and the Owners of Bonds Trustee shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Trust Indenture (Angiodynamics Inc)

Termination of Proceedings. In case If the Trustee shall have proceeded to enforce any right under this Indenture or remedy hereunder by the appointment of a receiver receiver, by entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee Trustee, and the Owners of Bonds Obligated Group shall be restored to their former positions positions, rights and rights hereunder, respectively, obligations hereunder with regard respect to the property subject to this IndentureTrust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Trust Indenture

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee Company and the Owners of Bonds Trustee shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Financing Agreement

Termination of Proceedings. In case the Trustee or any -------------------------- Beneficiary shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee or such Beneficiary, then and in every such case, case the Issuer, Corporation and the Trustee and the Owners of Bonds shall or such Beneficiary shall, subject to any final determination in such proceedings, be restored to their former positions and rights hereunder, respectively, hereunder with regard to the property subject respect to this Indenture, and all rights, remedies and powers of the Trustee and the Beneficiaries shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Education Loans Inc /De

Termination of Proceedings. In case any proceeding taken by the Trustee shall have proceeded to enforce on account of any right under this Indenture by the appointment Event of a receiver or otherwise, and such proceedings Default shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the IssuerAgency, the Trustee and the Owners of Bonds Bondholders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies remedies, powers and powers duties of the Trustee shall continue as if though no such proceedings proceeding had been taken.

Appears in 1 contract

Samples: Pennsylvania Housing Finance Agency

Termination of Proceedings. In case any proceeding taken by the Trustee shall have proceeded to enforce on account of any right under this Indenture by the appointment Event of a receiver or otherwise, and such proceedings Default shall have been discontinued or abandoned for any reason, reason or shall have been determined adverselyadversely to the Trustee, then and in every such casecase the Issuer, the IssuerBorrower, the Trustee and the Owners of Bonds Bondholders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies remedies, powers and powers duties of the Trustee shall continue as if though no such proceedings proceeding had been taken.

Appears in 1 contract

Samples: Financing Agreement

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Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, Issuer and the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, hereunder with regard respect to the property Trust Estate, and (subject to this Indenture, and such determination) all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Trust Indenture (Sterigenics International)

Termination of Proceedings. In case the Trustee or the Bondholders, as provided herein, shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee Obligor, the Bank and the Owners of Bonds Bondholders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, hereunder and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been takentaken except as modified by such proceedings.

Appears in 1 contract

Samples: Trust Indenture

Termination of Proceedings. In case any proceeding taken by the Trustee shall have proceeded to enforce on account of any right under this Indenture by the appointment Event of a receiver or otherwise, and such proceedings Default shall have been discontinued or abandoned for any reason, reason or shall have been determined adversely, then and in every such caseadversely to the Owner of the Bond, the Issuer, the Trustee Trustee, the Borrower and the Owners Owner of Bonds the Bond shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to under this Indenture, and all rights, remedies and powers of the Trustee such parties shall continue as if no such proceedings proceeding had been taken.

Appears in 1 contract

Samples: Trust Indenture

Termination of Proceedings. In case If the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiver in any suit, action or otherwiseproceedings, and such the suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case, the IssuerState, the Trustee and the Owners of Bonds Holders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such suit, action or proceedings had been taken.

Appears in 1 contract

Samples: Trust Indenture (Standard Parking Corp)

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, the IssuerDistrict, the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Bond Indenture

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiver in any suit, action or otherwiseproceedings, and such the suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, adversely to the Trustee; the Issuer, the Trustee Trustee, the Bank and the Owners of Bonds Holders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such suit, action or proceedings had been taken.

Appears in 1 contract

Samples: Reimbursement Agreement (Centerpoint Properties Corp)

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, the IssuerAuthority, the Trustee and the Bond Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.taken.β€Œ

Appears in 1 contract

Samples: Indenture

Termination of Proceedings. In case the Trustee or any Noteholder shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee or such Noteholder, then and in every such case, case the Issuer, Corporation and the Trustee and the Owners of Bonds shall or such Noteholder shall, subject to any final determination in such proceedings, be restored to their former positions and rights hereunder, respectively, hereunder with regard to the property subject respect to this Indenture, and all rights, remedies and powers of the Trustee and the Noteholders shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Education Loans Inc /De

Termination of Proceedings. In case If the Trustee shall have has proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, the IssuerAuthority, the Trustee and the Bond Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Fiscal Agent Agreement

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case, case the Issuer, Issuer and the Trustee and the Owners of Bonds shall shall, subject to any determination in such proceeding, be restored to their former positions and rights hereunder, respectively, hereunder with regard respect to the property subject to this Indenturepledged and assigned hereunder, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Indenture of Trust (Laidlaw Environmental Services Inc)

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, hereunder and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee Borrowers and the Owners of Bonds Trustee shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, hereunder and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Bond Agreement (ENERGY COMPOSITES Corp)

Termination of Proceedings. In case the Trustee (or the Servicer, on behalf of the Trustee, if applicable) shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case, case the Issuer, the Trustee and the Owners of Bonds Noteholders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies remedies, and powers of the Trustee shall continue unimpaired as if no such proceedings had been taken.

Appears in 1 contract

Samples: Trust Indenture (Carbon Revolution Public LTD Co)

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings proceeding shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee and the Owners of Bonds Bondholders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue unimpaired as if no such proceedings had been takenbefore.

Appears in 1 contract

Samples: Lower Road Associates LLC

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right or remedy under this Indenture by the appointment of a receiver receiver, by entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, Issuer and the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, hereunder with regard respect to the property subject to this IndentureTrust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Lease Agreement (Tenaska Georgia Partners Lp)

Termination of Proceedings. In case If the Trustee shall have proceeded to enforce any right under this Indenture or remedy hereunder by the appointment of a receiver receiver, by entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, County and the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, hereunder with regard respect to the property subject to this Indenture, Mortgaged Property and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Agreement of Sale (Toms Foods Inc)

Termination of Proceedings. In case If the Trustee shall have has proceeded to enforce any right or remedy under the License and Easement, the Lease or this Indenture Declaration of Trust by the appointment of a receiver receiver, by entry or otherwise, otherwise and such proceedings shall have been discontinued or abandoned for any reason, reason or shall have been determined adversely, then and in every such case, the IssuerCity, the Trustee Owners and the Owners of Bonds shall Trustee will be restored to their former respective positions and rights hereunder, respectively, with regard to the property subject to this Indenture, thereunder and hereunder and all rights, rights remedies and powers of the Trustee shall will continue as if no such proceedings proceeding had been taken.

Appears in 1 contract

Samples: Lease Purchase Agreement

Termination of Proceedings. In case any proceeding taken by the Trustee shall have proceeded to enforce on account of any right under this Indenture by the appointment default or Event of a receiver or otherwise, and such proceedings Default shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case, the Issuer, the Trustee Trustee, the Bondholders, and the Owners of Bonds Borrower shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if though no such proceedings proceeding had been taken.

Appears in 1 contract

Samples: services.austintexas.gov

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, hereunder and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee Company and the Owners of Bonds Trustee shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, hereunder and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Loan and Trust Agreement (Advanced BioEnergy, LLC)

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiver in any suit, action or otherwiseproceeding, and such proceedings the suit, action or proceeding shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such caseadversely to the Trustee, the Issuer, the Trustee Trustee, the Agent and the Owners of Bonds Holders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings suit, action or proceeding had been taken.

Appears in 1 contract

Samples: Helmstar Group Inc

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee and the Owners of Bonds Bondholders shall be restored to their former positions position and rights hereunder, respectively, with regard to the property herein subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: www.cideg.org

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, Issuer and the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, hereunder with regard respect to the property subject to this Indentureherein conveyed, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Trust Agreement (Sterigenics International)

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture or any Loan Document by the appointment of a receiver receiver, by entry and possession, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case, case the Issuer, Issuer and the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, hereunder with regard respect to the property subject to this Indentureherein conveyed, and all rights, remedies remedies, and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Trust Indenture

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, the Issuer, the Trustee and the Owners of Bonds Notes shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Plainwell Inc

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, the IssuerAgency, the Trustee and the Bond Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Indenture

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case, case the Issuer, the Trustee and the Bond Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Iac Capital Trust

Termination of Proceedings. In case the Trustee Trustee, any Registered Owner or any Security Instrument Issuer shall have proceeded to enforce any right under this Indenture hereunder by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, the Registered Owner, or Security Instrument Issuer, then and in every such case, case the Issuer, Issuer and the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Bond Purchase Agreement

Termination of Proceedings. In case the event the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, Financing Documents and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such casethe Bondholders, the IssuerCorporation, and the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to under the property subject to this IndentureFinancing Documents, and all rights, remedies remedies, and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Trust Agreement

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiver in any suit, action or otherwiseproceedings, and such the suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such caseadversely to the Trustee, the Issuer, the Trustee Trustee, the Bank and the Owners of Bonds Holders shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, 105 remedies and powers of the Trustee shall continue as if no such suit, action or proceedings had been taken.

Appears in 1 contract

Samples: Loan Agreement (Jameson Inns Inc)

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, County and the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, ; and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken, except to the extent the Trustee is legally bound by such adverse determination.

Appears in 1 contract

Samples: Mississippi Power & Light Co

Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver receiver, by entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, case the Issuer, the Trustee Company, the Bondholders and the Owners of Bonds Trustee shall be restored to their former positions positions, rights and rights hereunder, respectively, with regard to the property subject to this Indenture, obligations hereunder and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Intrepid Technology & Resources, Inc.

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