Common use of Discontinuance of Proceedings Clause in Contracts

Discontinuance of Proceedings. In case the Indenture Trustee 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 Indenture Trustee, then and in every such case the Owner Trustee, the Indenture Trustee and Lessee shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with respect to the Mortgaged Property, and all rights, remedies and powers of the Owner Trustee, the Indenture Trustee or Lessee shall continue as if no such proceedings had been instituted.

Discontinuance of Proceedings. In case the Indenture Trustee 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 Indenture Trustee, then and in every such case the Owner Trustee, and the Indenture Trustee and Lessee shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with respect to the Mortgaged Property, and all rights, remedies and powers of the Owner Trustee, or the Indenture Trustee or Lessee shall continue as if no such proceedings had been instituted.

Discontinuance of Proceedings. In case the Indenture Trustee 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 Indenture Trustee, then and in every such case the Owner Trustee, and the Indenture Trustee and Lessee shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with respect to the Mortgaged PropertyCollateral, and all rights, remedies and powers of the Owner Trustee, or the Indenture Trustee or Lessee shall continue as if no such proceedings had been instituted.

Discontinuance of Proceedings. In case the Indenture Trustee or any Noteholder shall have instituted any proceeding proceeded 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 Indenture TrusteeTrustee or the Noteholder, then and in every such case the Owner TrusteeLessor, the Indenture Trustee and the Facility Lessee shall, subject to any determination in such proceedings, shall be restored to their former positions and rights hereunder with respect to the Mortgaged PropertyIndenture Estate, and all rights, remedies and powers of the Owner Trustee, the Indenture Trustee or Lessee the Noteholder shall continue as if no such proceedings had been institutedtaken place.

Discontinuance of Proceedings. In case the Indenture ----------------------------- Trustee shall have instituted any proceeding to enforce any right, power or remedy under this Trust Indenture by foreclosure, entry or otherwise, and such proceedings proceeding shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Indenture Trustee, then and in every such case the Owner TrusteeTrust, the Indenture Trustee and Lessee the Charterer shall, subject to any determination in such proceedingsproceeding, be restored to their former positions and rights hereunder with respect to the Mortgaged PropertyIndenture Estate, and all rightsright, powers and remedies and powers of the Owner Trustee, the Indenture Trustee or Lessee shall continue as if no such proceedings proceeding had been instituted.

Discontinuance of Proceedings. In case the Indenture Trustee 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 Indenture Trustee, then and in every such case the Owner Trustee, and the Indenture Trustee and Lessee shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with respect to the Mortgaged Property, and all rights, remedies and powers of the Owner Trustee, the Indenture Trustee or Lessee Owner shall continue as if no such proceedings had been instituted.

Discontinuance of Proceedings. In case the Indenture Trustee shall have instituted any proceeding proceeded 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 Indenture Trustee, then and in every such case the Owner Trustee, the Owner Participant, the Indenture Trustee and the Lessee shall, subject to any determination in such proceedings, shall be restored to their former positions and rights hereunder with respect to the Mortgaged PropertyIndenture Estate, and all rights, remedies and powers of the Owner Trustee, the Indenture Trustee or Lessee shall continue as if no such proceedings had been institutedundertaken (but otherwise without prejudice).

Discontinuance of Proceedings. In case the Indenture ----------------------------- Trustee shall have instituted any proceeding proceeded 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 Indenture Trustee, then and in every such case the Owner Trustee, the Owner Participant, the Indenture Trustee and the Lessee shall, subject to any determination in such proceedings, shall be restored to their former positions and rights hereunder with respect to the Mortgaged PropertyIndenture Estate, and all rights, remedies and powers of the Owner Trustee, the Indenture Trustee or Lessee shall continue as if no such proceedings had been institutedundertaken (but otherwise without prejudice).

Discontinuance of Proceedings. In case the Indenture ----------------------------- Trustee 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 Indenture Trustee, then and in every such case the Owner Trustee, the Indenture Trustee and the Lessee shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with TRUST INDENTURE respect to the Mortgaged PropertyIndenture Estate, and all rights, remedies and powers of the Owner Trustee, the Indenture Trustee or Lessee shall continue as if no such proceedings had been instituted.

Discontinuance of Proceedings. In case the Indenture Trustee or any Noteholder shall have instituted any proceeding proceeded 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 Indenture TrusteeTrustee or the Noteholder, then and in every such case the Owner TrusteeTrust, the Indenture Trustee and the Lessee shall, subject to any determination in such proceedings, shall be restored to their former positions and rights hereunder with respect to the Mortgaged PropertyIndenture Estate, and all rights, remedies and powers of the Owner Trustee, the Indenture Trustee or Lessee the Noteholder shall continue as if no such proceedings had been institutedtaken place.

Discontinuance of Proceedings. In case the Indenture ----------------------------- Trustee 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 Indenture Trustee, then and in every such case the Owner Trustee, the Indenture Trustee and the Lessee shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with respect to the Mortgaged PropertyIndenture Estate, and all rights, remedies and powers of the Owner Trustee, the Indenture Trustee or Lessee shall continue as if no such proceedings had been instituted.

Discontinuance of Proceedings. In case the Lease Indenture Trustee or any Noteholder shall have instituted any proceeding proceeded 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 Lease Indenture TrusteeTrustee or the Noteholder, then and in every such case the Owner TrusteeLessor, the Lease Indenture Trustee and the Facility Lessee shall, subject to any determination in such proceedings, shall be restored to their former positions and rights hereunder with respect to the Mortgaged PropertyIndenture Estate, and all rights, remedies and powers of the Owner Trustee, the Lease Indenture Trustee or Lessee the Noteholder shall continue as if no such proceedings had been institutedtaken place.

Discontinuance of Proceedings. In case the Indenture Trustee 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 Indenture Trustee, then and in every such case the Owner Trusteecase, the Indenture Trustee and Lessee the Borrower shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with respect to the Mortgaged PropertyIndenture Estate, and all rights, remedies and powers of the Owner Trustee, the Indenture Trustee or Lessee shall continue as if no such proceedings had been instituted.

Discontinuance of Proceedings. In case the Indenture Trustee shall have instituted any proceeding to enforce any right, power or remedy under this Trust Indenture by foreclosure, entry or otherwise, and such proceedings proceeding shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Indenture Trustee, then and in every such case the Owner Grantor Trustee, the Indenture Trustee and the Lessee shall, subject to any determination in such proceedingsproceeding, be restored to their former positions and rights hereunder with respect to the Mortgaged PropertyIndenture Estate, and all rightsright, powers and remedies and powers of the Owner Trustee, the Indenture Trustee or Lessee shall continue as if no such proceedings proceeding had been instituted.

Discontinuance of Proceedings. In case the Indenture Trustee shall have instituted any proceeding to enforce any right, power or remedy under this Trust Indenture Pledge and Security Agreement by foreclosure, sale, entry or otherwise, and such proceedings proceeding shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Indenture Trustee, then and in every such case the Owner Trustee, Obligor and the Indenture Trustee and Lessee shall, subject to any determination in such proceedingsbinding decision by a court of competent jurisdiction, be restored to their former positions and rights hereunder with respect to the Mortgaged PropertyPledged Collateral, and all rights, remedies and powers of the Owner Trustee, the Indenture Trustee or Lessee shall continue as if no such proceedings proceeding had been instituted.

Discontinuance of Proceedings. In case the Indenture ----------------------------- Trustee shall have instituted any proceeding to enforce any right, power or remedy under this Trust Indenture by foreclosure, entry or otherwise, and such proceedings proceeding shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Indenture Trustee, then and in every such case the Owner Trustee, the Indenture Trustee and Lessee the Charterer shall, subject to any determination in such proceedingsproceeding, be restored to their former positions and rights hereunder with respect to the Mortgaged PropertyIndenture Estate, and all rightsright, powers and remedies and powers of the Owner Trustee, the Indenture Trustee or Lessee shall continue as if no such proceedings proceeding had been instituted.

Discontinuance of Proceedings. In case the Indenture Trustee or any Holder shall have instituted any proceeding to enforce any right, power or remedy under this Trust Indenture by foreclosure, entry or otherwise, and such proceedings proceeding shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Indenture TrusteeTrustee or such Holder, then and in every such case the Owner TrusteeCompany, the Indenture Trustee Trustee, and Lessee the Holders shall, subject to any binding determination in such proceedingsproceeding, be restored to their former positions and rights hereunder under this Indenture with respect to the Mortgaged PropertyTrust Indenture Estate, and all rights, remedies and powers of the Owner Trustee, the Indenture Trustee or Lessee and the Holders shall continue as if no such proceedings proceeding had been instituted.

Discontinuance of Proceedings. In case the Indenture Loan Trustee 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 Indenture Loan Trustee, then and in every such case the Owner Trustee, the Indenture Loan Trustee and Lessee shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with respect to the Mortgaged Property, and all rights, remedies and powers of the Owner Trustee, the Indenture Loan Trustee or Lessee shall continue as if no such proceedings had been instituted.

Discontinuance of Proceedings. In case the Indenture Loan Trustee 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 Indenture Loan Trustee, then and in every such case the Owner Trustee, the Indenture Loan Trustee and Lessee shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder with respect to the Mortgaged Property, and all rights, remedies and powers of the Owner Trustee, the Indenture Loan Trustee or Lessee shall continue as if no such proceedings had been instituted.

Discontinuance of Proceedings. In case the Indenture Trustee shall have instituted any proceeding to enforce any right, power or remedy under this Trust Indenture or the Pooling 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 Indenture Trustee, then and in every such case the Owner Indenture Trustee, the Indenture Trustee Collateral Agent and Lessee the Issuer shall, subject to any determination in such proceedings, be restored to their former positions and rights hereunder and thereunder with respect to the Mortgaged PropertyTrust Assets, and all rights, remedies and powers of the Owner Trustee, the Indenture Trustee or Lessee shall continue as if no such proceedings had been instituted.

Discontinuance of Proceedings. In case the Indenture Trustee or any Noteholder shall have instituted any proceeding proceeded 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 Indenture TrusteeTrustee or the Noteholder, then and in every such case the Owner TrusteeLessor, the Indenture Trustee and Lessee shall, subject to any determination in such proceedings, the Facility Lessees shall be restored to their former positions and rights hereunder with respect to the Mortgaged PropertyIndenture Estate, and all rights, remedies and powers of the Owner Trustee, the Indenture Trustee or Lessee the Noteholder shall continue as if no such proceedings had been institutedtaken place.

Discontinuance of Proceedings. In case the Indenture ----------------------------- Trustee shall have instituted any proceeding to enforce any right, power or remedy under this Trust Indenture by foreclosure, entry or otherwise, and such proceedings proceeding shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Indenture Trustee, then and in every such case the Owner Trustee, the Indenture Trustee and the Lessee shall, subject to any determination in such proceedingsproceeding, be restored to their former positions and rights hereunder with respect to the Mortgaged PropertyIndenture Estate, and all rightsright, powers and remedies and powers of the Owner Trustee, the Indenture Trustee or Lessee shall continue as if no such proceedings proceeding had been instituted.