Common use of Discontinuance of Proceedings; Position of Parties Restored Clause in Contracts

Discontinuance of Proceedings; Position of Parties Restored. If Bank shall have proceeded to enforce any right or remedy under the Loan Documents by foreclosure, entry, 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 Bank, then and in every such case Borrower and Bank shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Bank shall continue as if no such proceedings had occurred or had been taken.

Appears in 9 contracts

Samples: Loan and Security Agreement (Verilink Corp), Centura   Loan and Security Agreement (Portfolio Recovery Associates Inc), Loan and Security Agreement (Cea Acquisition Corp)

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Discontinuance of Proceedings; Position of Parties Restored. If any Bank shall have proceeded to enforce any right or remedy under the Loan Documents by foreclosure, entry, 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 any Bank, then and in every such case Borrower and each Bank shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Bank the Banks shall continue as if no such proceedings had occurred or had been taken.

Appears in 5 contracts

Samples: Loan and Security Agreement (Portfolio Recovery Associates Inc), Loan and Security Agreement (Portfolio Recovery Associates Inc), Loan and Security Agreement (Portfolio Recovery Associates Inc)

Discontinuance of Proceedings; Position of Parties Restored. If Bank shall have proceeded to enforce any right or and remedy under the Loan Documents by foreclosure, entry, entry 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 Bank, then and in every such case Borrower and Bank shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Bank shall continue as if no such proceedings had occurred or had been taken.

Appears in 5 contracts

Samples: Loan Agreement (VictoryBase Corp), Centura   Loan Agreement (Computer Software Innovations Inc), Loan Agreement (Relm Wireless Corp)

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Discontinuance of Proceedings; Position of Parties Restored. If Bank shall have proceeded to enforce any right or and remedy under the Loan Documents this Security Agreement by foreclosure, entry, or entry and 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 Bank, then and in every such case Borrower Grantor and Bank shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Bank shall continue as if no such proceedings had occurred or had been taken.

Appears in 2 contracts

Samples: Security Agreement (Relm Wireless Corp), Security Agreement (Computer Software Innovations Inc)

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