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

Discontinuance of Proceedings; Position of Parties Restored. If Grantee shall have proceeded to enforce any right or remedy under this Indenture by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, then and in every such instance, Grantor and Grantee shall, except to the extent modified by such proceedings, be restored to their former positions and rights hereunder, and all rights, powers and remedies of Grantee shall continue as if no such proceeding had occurred or had been taken.

Appears in 4 contracts

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

AutoNDA by SimpleDocs

Discontinuance of Proceedings; Position of Parties Restored. If Grantee shall have proceeded to enforce any right or remedy under this Indenture Security Deed 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 to Grantee, then and in every such instance, case Grantor and Grantee shall, except to the extent modified by such proceedings, shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Grantee shall continue as if no such proceeding proceedings had occurred or had been taken.

Appears in 1 contract

Samples: Rents and Security Agreement (Calpine Corp)

AutoNDA by SimpleDocs
Time is Money Join Law Insider Premium to draft better contracts faster.