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

Discontinuance of Proceedings; Position of Parties Restored. If Agent shall have proceeded to enforce any right or remedy under this Mortgage and such proceedings shall have been discontinued or abandoned for any reason, or such proceedings shall have resulted in a final determination adverse to Agent, then and in every such case Mortgagor and Agent shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Agent 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)

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Discontinuance of Proceedings; Position of Parties Restored. If Agent shall have proceeded to enforce any right or remedy under this Mortgage 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 Agent, then and in every such case Mortgagor and Agent shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Agent shall continue as if no such proceedings had occurred or had been taken.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Tropical Sportswear International Corp)

Discontinuance of Proceedings; Position of Parties Restored. If In case the Agent shall have proceeded to enforce any right or remedy under this Mortgage the Mortgages or Security Documents or other Loan Documents by foreclosure, entry or otherwise and such proceedings shall have been discontinued or abandoned for any reason, reason or such proceedings shall have resulted in a final determination adverse been determined adversely to the Agent, then and in every such case Mortgagor case, the Borrowers, the Agent and Agent the Lenders shall be restored to their former positions and rights hereunder, hereunder and all rights, powers and remedies of the Agent the Lenders shall continue as if no such proceedings had occurred or had been takenproceeding occurred.

Appears in 1 contract

Samples: Credit Agreement (Arvida JMB Partners L P)

Discontinuance of Proceedings; Position of Parties Restored. If In case the Collateral Agent shall have proceeded to enforce any right or remedy under this Mortgage 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 been determined adversely to the Collateral Agent, then and in every such case Mortgagor the Borrower and the Collateral Agent shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Collateral Agent shall continue as if no such proceedings had occurred or had proceeding has been taken.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Sri Surgical Express Inc)

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Discontinuance of Proceedings; Position of Parties Restored. If In case the Agent shall have proceeded to enforce any right or remedy under this Mortgage 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 Agent, then and in every such case the Mortgagor and the Agent shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Agent shall continue as if no such proceedings had occurred or had proceeding has been taken.

Appears in 1 contract

Samples: Security Agreement (Quixote Corp)

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