Common use of Discontinuance of Proceedings and Restoration of the Parties Clause in Contracts

Discontinuance of Proceedings and Restoration of the Parties. If Grantee shall have proceeded to enforce any right or remedy under this Security Deed and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to Grantee, then and in every such case Grantor and Grantee shall be restored to their former positions, and all rights, powers, and remedies of Grantee shall continue as if no such proceeding had been taken.

Appears in 4 contracts

Samples: lexingtonnational.com, Indenture, Indenture

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Discontinuance of Proceedings and Restoration of the Parties. If In case Grantee shall have proceeded to enforce any right right, power or remedy under this Security Deed by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason reason, or shall have been determined adversely to Grantee, then and in every such case Grantor and Grantee shall be restored to their former positionspositions and rights hereunder, and all rights, powers, powers and remedies of Grantee shall continue as if no such proceeding had been taken.

Appears in 2 contracts

Samples: And Security Agreement (Koger Equity Inc), And Security Agreement (Koger Equity Inc)

Discontinuance of Proceedings and Restoration of the Parties. If In case Grantee shall have proceeded to enforce any right right, power or remedy under this Security Deed by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason reason, or shall have been determined adversely to Grantee, then and in every such case Grantor and Grantee shall be restored to their former positionspositions and rights hereunder, and all rights, powers, powers and remedies of Grantee shall continue as if no such proceeding had been taken.

Appears in 2 contracts

Samples: Debt and Security Agreement (Servidyne, Inc.), Debt and Security Agreement (Jacor Communications Inc)

Discontinuance of Proceedings and Restoration of the Parties. If In case Grantee shall have proceeded to enforce any right right, power or remedy under this Security Deed Instrument by foreclosure, entry or otherwise and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to Grantee, then and in every such case Grantor and Grantee shall be restored to their former positions, positions and rights hereunder; and all rights, powers, powers and remedies of Grantee shall continue as if no such proceeding had been takentaken subject, however, to any order or rule resulting from such proceeding which is promulgated by a court having proper jurisdiction.

Appears in 1 contract

Samples: Marconi Corp PLC

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Discontinuance of Proceedings and Restoration of the Parties. If the Grantee shall have proceeded proceeds to enforce any right or remedy under this Security Deed by receiver, entry or otherwise, and such proceedings shall have been are discontinued or abandoned for any reason or shall have been determined adversely to the Grantee, then and in every such case the Grantor and the Grantee shall be are restored to their former positionspositions and rights hereunder, and all rights, powers, powers and remedies of the Grantee shall continue as if no such proceeding had been taken.

Appears in 1 contract

Samples: , Security Agreement and Fixture Filing (Green Brick Partners, Inc.)

Discontinuance of Proceedings and Restoration of the Parties. If In case Grantee shall have proceeded to enforce any right or remedy under this Security Deed indenture by receiver, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to Grantee, then then, and in every such case case, Grantor and Grantee shall be restored to their former positionspositions and rights hereunder, and all rights, powers, powers and remedies of Grantee shall continue as if no such proceeding had has been taken.

Appears in 1 contract

Samples: Debt and Security Agreement (Vinings Investment Properties Trust/Ga)

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