Discontinuance of Proceedings; Position of Parties Restored. If Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry of judgment or otherwise and such proceedings shall have been discontinued or abandoned for any reason, or such proceedings shall have resulted in a final determination adverse to Mortgagee, then and in every such case Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceedings had occurred or had been taken.
Appears in 8 contracts
Samples: Fixture Filing and Security Agreement (Marina District Development Company, LLC), Collateral Agreement (Enexus Energy CORP), Statement and Security Agreement (Midwest Generation LLC)
Discontinuance of Proceedings; Position of Parties Restored. If Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry of judgment or otherwise otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or such proceedings shall have resulted in a final determination adverse been determined adversely to Mortgagee, then and in every such case Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceedings proceeding had occurred or had been taken.
Appears in 4 contracts
Samples: Mortgage and Security Agreement (Adcare Health Systems, Inc), Mortgage and Security Agreement (Elxsi Corp /De//), Mortgage and Security Agreement (Sun Hydraulics Inc)
Discontinuance of Proceedings; Position of Parties Restored. If Mortgagee shall have proceeded proceeds to enforce any right or remedy under this Mortgage by foreclosure, entry of judgment or otherwise and such proceedings shall have been are discontinued or abandoned for any reason, or such proceedings shall have resulted result in a final determination adverse to Mortgagee, then and in every such case case, Mortgagor and Mortgagee shall be restored to their former positions and rights hereunderrights, and all rights, powers and remedies of Mortgagee shall continue as if no such proceedings had occurred or had been taken.
Appears in 3 contracts
Samples: Mortgage, Security Agreement (Neutron Energy, Inc.), Mortgage, Security Agreement (Neutron Energy, Inc.), Mortgage, Security Agreement (Neutron Energy, Inc.)
Discontinuance of Proceedings; Position of Parties Restored. If the Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry of judgment or otherwise and such proceedings shall have been discontinued or abandoned for any reason, or such proceedings shall have resulted in a final determination adverse to Mortgagee, then and in every such case Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceedings had occurred or had been taken.
Appears in 3 contracts
Samples: Fee and Leasehold Mortgage (CVD Equipment Corp), Reptron Electronics Inc, Reptron Electronics Inc
Discontinuance of Proceedings; Position of Parties Restored. If Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry of judgment or otherwise and otherwise, any such proceedings shall have been discontinued or abandoned for any reason, or such proceedings shall have resulted in a final determination adverse been determined adversely to Mortgagee, then and in every such case Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceedings proceeding had occurred or had been taken.
Appears in 2 contracts
Samples: Security Agreement (Liberty Technologies Inc), Mortgage and Security Agreement (Med Waste Inc)
Discontinuance of Proceedings; Position of Parties Restored. If the Mortgagee shall have proceeded to enforce any right or remedy under this the Mortgage by foreclosure, entry of judgment or otherwise and such proceedings shall have been discontinued or abandoned for any reason, or such proceedings shall have resulted in a final determination adverse to the Mortgagee, then and in every such case the Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Mortgagee shall continue as if no such proceedings had occurred or had been taken.
Appears in 2 contracts
Samples: Mortgage and Security Agreement (Acadia Realty Trust), Mortgage and Security Agreement (Acadia Realty Trust)
Discontinuance of Proceedings; Position of Parties Restored. If In case the Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry of judgment entry, or otherwise otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or such proceedings shall have resulted in a final determination adverse been determined adversely to the Mortgagee, then and in every such case the Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers powers, and remedies of the Mortgagee shall continue as if no such proceedings had occurred or had proceeding has been taken.
Appears in 1 contract
Discontinuance of Proceedings; Position of Parties Restored. If Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry of judgment or otherwise otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or such proceedings shall have resulted in a final determination adverse been determined adversely to Mortgagee, then and in every such case case, Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceedings proceeding had occurred or had been taken.
Appears in 1 contract
Samples: Assignment and Security Agreement (Sea Pines Associates Inc)
Discontinuance of Proceedings; Position of Parties Restored. If Mortgagee shall have proceeded to enforce any right or remedy under this Leasehold Mortgage by foreclosure, entry of judgment or otherwise and such proceedings shall have been discontinued or abandoned for any reason, or such proceedings shall have resulted in a final determination adverse to Mortgagee, then and in every such case Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceedings had occurred or had been taken.
Appears in 1 contract
Samples: Lease Agreement (Showboat Inc)
Discontinuance of Proceedings; Position of Parties Restored. If Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry of judgment or otherwise and otherwise, any such proceedings shall have been discontinued or abandoned for any reason, or such proceedings shall have resulted in a final determination adverse been determined adversely to Mortgagee, then and in every such case Mortgagor and Mortgagee Mortgagee, shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceedings proceeding had occurred or had been taken.
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Discontinuance of Proceedings; Position of Parties Restored. If Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry of judgment or otherwise and such proceedings shall have been discontinued or abandoned for any reason, or such proceedings shall have resulted in a final determination adverse to Mortgagee, then and in every such case case, Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceedings had occurred or had been taken.
Appears in 1 contract
