Discontinuance of Proceedings; Position of Parties Restored. If the Lender shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry or otherwise and such proceedings shall have resulted in a final determination adverse to the Lender, then, and in every such case, the Company and the Lender shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Lender shall continue as if no such proceedings had occurred or had been taken.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Besicorp LTD), Escrow Agreement (Besicorp LTD)
Discontinuance of Proceedings; Position of Parties Restored. If the Lender shall have proceeded to enforce any right or remedy under this Mortgage Deed of Trust 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 the Lender, then, then and in every such case, the Company case Grantor and the Lender shall be restored to their former positions and rights hereunder, and all rights, powers powers, and remedies of the Lender shall continue as if no such proceedings had occurred or had been taken.
Appears in 2 contracts
Samples: Performance Agreement, Performance Agreement
Discontinuance of Proceedings; Position of Parties Restored. If In case the Lender shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry or otherwise otherwise, and such proceedings shall have resulted in a final determination adverse been discontinued or abandoned for any reason, or shall have been determined adversely to the Lender, then, then and in every such case, case the Company Mortgagor and the Lender shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Lender shall continue as if no such proceedings had occurred or proceeding had been taken.
Appears in 2 contracts
Samples: Loan Agreement (Westwater Resources, Inc.), And Leases and Security Agreement (Westwater Resources, Inc.)
Discontinuance of Proceedings; Position of Parties Restored. If the In case Lender shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry or otherwise otherwise, and such proceedings shall have resulted in a final determination adverse been discontinued or abandoned for any reason, or shall have been determined adversely to the Lender, then, then and in every such case, the Company case Borrower and the Lender shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Lender shall continue as if no such proceedings had occurred or proceeding had been taken.
Appears in 1 contract
Samples: Escrow Agreement
Discontinuance of Proceedings; Position of Parties Restored. If the Lender shall have proceeded to enforce any right or remedy under this Mortgage by foreclosureand such proceedings shall have been discontinued or abandoned for any reason, entry or otherwise and such proceedings shall have resulted in a final determination adverse to the Lender, then, then and in every such case, the Company case Mortgagor and the Lender shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Lender shall continue as if no such proceedings had occurred or had been taken.
Appears in 1 contract
Samples: Fixture Filing and Security Agreement (Crown Crafts Inc)
Discontinuance of Proceedings; Position of Parties Restored. If the In case Lender shall have proceeded to enforce any right or remedy under this the Mortgage by foreclosure, entry or otherwise and such proceedings shall have resulted in a final determination adverse to the Lenderbeen discontinued or abandoned for any reason, then, then and in every such case, the Company Borrower and the Lender shall be restored to their former positions and rights hereunder, hereunder and all rights, powers and remedies of the Lender shall continue as if no such proceedings had occurred or had been takenproceeding occurred.
Appears in 1 contract
Discontinuance of Proceedings; Position of Parties Restored. If In case the Lender shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry or otherwise otherwise, and such proceedings shall have resulted in a final determination adverse been discontinued or abandoned for any reason, or shall have been determined adversely to the Lender, then, then and in every such case, case the Company Borrower and the Lender shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Lender shall continue as if no such proceedings had occurred or had proceeding has been taken.
Appears in 1 contract
Samples: PBSJ Corp /Fl/
Discontinuance of Proceedings; Position of Parties Restored. If the In case Lender shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry or otherwise and such proceedings shall have resulted in a final determination adverse been discontinued or abandoned for any reason or shall have been determined adversely to the Lender, then, then and in every such case, case the Company Borrower and the Lender shall be restored to their former positions and rights hereunder, hereunder and all rights, powers and remedies of the Lender shall continue as if no such proceedings had occurred or proceeding had been taken.
Appears in 1 contract