Discontinuance of Proceedings. In case the Mortgagee shall have instituted any proceeding to enforce any right, power or remedy under this Trust Indenture by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Mortgagee, then and in every such case the Owner and the Mortgagee shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with respect to the Collateral, and all rights, remedies and powers of the Owner or the Mortgagee shall continue as if no such proceedings had been instituted.
Appears in 38 contracts
Sources: Note Purchase Agreement (United Airlines, Inc.), Note Purchase Agreement (Sun Country Airlines Holdings, Inc.), Note Purchase Agreement (Hawaiian Holdings Inc)
Discontinuance of Proceedings. In case the Mortgagee shall have instituted any proceeding to enforce any right, power or remedy under this Trust Indenture by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Mortgagee, then and in every such case the Owner and Trustee, the Mortgagee and Lessee shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with respect to the CollateralMortgaged Property, and all rights, remedies and powers of the Owner or Trustee, the Mortgagee or Lessee shall continue as if no such proceedings had been instituted.
Appears in 38 contracts
Sources: Trust Indenture and Mortgage (Continental Airlines Inc /De/), Trust Indenture and Mortgage (PLM Equipment Growth Fund V), Trust Indenture and Mortgage (PLM Equipment Growth & Income Fund Vii)
Discontinuance of Proceedings. In case the Mortgagee shall have instituted any proceeding proceeded to enforce any right, power or remedy under this Trust Indenture Mortgage by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Mortgagee, then and in every such case the Owner Shipowner and the Mortgagee shall, subject to any determination in such proceedings, shall be restored to their its former positions position and rights right hereunder with respect to the Collateralproperty subject or intended to be subject to this Mortgage, and all rights, remedies and powers of the Owner or the Mortgagee shall continue as if no such proceedings had been institutedtaken.
Appears in 23 contracts
Sources: Revolving Credit Agreement (International Seaways, Inc.), Indenture (Transocean Ltd.), Indenture (Transocean Ltd.)
Discontinuance of Proceedings. In case the Mortgagee shall have instituted any proceeding to enforce any right, power or remedy under this Trust Indenture Mortgage by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Mortgagee, then and in every such case the Owner and Mortgagor, the Mortgagee and Lessees shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with respect to the Collateral, and all rights, remedies and powers of the Owner or the Mortgagee shall continue as if no such proceedings had been instituted.
Appears in 2 contracts
Sources: Mortgage and Security Agreement (Allegiant Travel CO), Credit Agreement (Allegiant Travel CO)
Discontinuance of Proceedings. In case the Mortgagee shall have instituted any proceeding to enforce any right, power or remedy under this Trust Indenture Security Agreement by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Mortgagee, then and in every such case the Owner and each Mortgagor, the Mortgagee and each Lessee shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with respect to the CollateralMortgaged Property, and all rights, remedies and powers of the Owner or the Mortgagee shall continue as if no such proceedings had been instituted.
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Discontinuance of Proceedings. In case the Mortgagee shall have instituted any proceeding to enforce any right, power or remedy under this Trust Indenture by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been TRUST INDENTURE 10-1 determined adversely to the Mortgagee, then and in every such case the Owner and the Mortgagee shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with respect to the Collateral, and all rights, remedies and powers of the Owner or the Mortgagee shall continue as if no such proceedings had been instituted.
Appears in 1 contract
Sources: Trust Indenture and Mortgage (Continental Airlines Inc /De/)
Discontinuance of Proceedings. In case the Mortgagee shall ------------------------------ have instituted any proceeding proceeded to enforce any right, power or remedy under this Trust Indenture Mortgage by foreclosure, power of sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason reason, or shall have been determined adversely to the Mortgagee, then and in every such case case, the Owner Mortgagor, and the Mortgagee shall, subject to any determination in such proceedings, shall be restored to their former positions and rights hereunder with respect to the Collateralhereunder, and all rights, powers and remedies and powers of the Owner or the Mortgagee shall continue as if no such proceedings had been institutedoccurred.
Appears in 1 contract
Sources: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (G&l Realty Corp)
Discontinuance of Proceedings. In case the If Mortgagee shall have instituted any proceeding proceeded to enforce any right, power right or remedy under this Trust Indenture Mortgage by foreclosure, entry or otherwise, otherwise and such proceedings shall have been discontinued or abandoned for any reason reason, or if such proceedings shall have been determined adversely resulted in a final determination adverse to the Mortgagee, then and in every such case case, to the Owner extent permitted by law and the Mortgagee shall, subject to any determination in of such proceedings, Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder with respect to the Collateralhereunder, and all rights, powers and remedies and powers of the Owner or the Mortgagee shall continue as if no such proceedings had occurred or had been institutedtaken.
Appears in 1 contract
Sources: Mortgage, Security Agreement, Fixture Filing and Assignment of Leases and Rents (Alexanders Inc)
Discontinuance of Proceedings. In case the Mortgagee shall have instituted any proceeding proceeded to enforce any right, power or remedy under this Trust Indenture Deed by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Mortgagee, then and in every such case the Owner Shipowner and the Mortgagee shall, subject to any determination in such proceedings, shall be restored to their its former positions position and rights right hereunder with respect to the Collateralproperty subject or intended to be subject to this Deed, and all rights, remedies and powers of the Owner or the Mortgagee shall continue as if no such proceedings had been institutedtaken.
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Discontinuance of Proceedings. In case the Mortgagee shall have instituted any proceeding to enforce any right, power or remedy under this Trust Indenture by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been TRUST INDENTURE 16-1 determined adversely to the Mortgagee, then and in every such case the Owner and the Mortgagee shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with respect to the Collateral, and all rights, remedies and powers of the Owner or the Mortgagee shall continue as if no such proceedings had been instituted.
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Discontinuance of Proceedings. In case the Mortgagee shall have instituted any proceeding to enforce any right, power or remedy under this Trust Indenture Mortgage by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Mortgagee, then and in every such case the Owner Company and the Mortgagee shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with respect to the Collateral, and all rights, remedies and powers of the Owner Company or the Mortgagee shall continue as if no such proceedings had been instituted.
Appears in 1 contract
Sources: Mortgage and Security Agreement (Sun Country Airlines Holdings, Inc.)
Discontinuance of Proceedings. In case the Mortgagee shall have instituted any proceeding to enforce any right, power or remedy under this Trust Indenture by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been TRUST INDENTURE 14-1 determined adversely to the Mortgagee, then and in every such case the Owner and the Mortgagee shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with respect to the Collateral, and all rights, remedies and powers of the Owner or the Mortgagee shall continue as if no such proceedings had been instituted.
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Discontinuance of Proceedings. In case the Mortgagee shall have instituted any proceeding to enforce any right, power or remedy under this Trust Indenture or any other Security Agreement by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Mortgagee, then and in every such case the Owner and the Mortgagee shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder and under each other Security Agreement with respect to the Collateral, and all rights, remedies and powers of the Owner or the Mortgagee shall continue as if no such proceedings had been instituted.
Appears in 1 contract
Sources: Trust Indenture and Mortgage (United Airlines, Inc.)
Discontinuance of Proceedings. In case the Mortgagee shall have instituted any proceeding to enforce any right, power or remedy under this Trust Indenture by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Mortgagee, then and in every such case the Owner and the Mortgagee shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with respect to the Collateral, and all rights, remedies and powers of the Owner or the Mortgagee shall continue as if no such proceedings had been instituted.. TRUST INDENTURE 2024-1 (AA and A)
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