Common use of Restoration of Position Clause in Contracts

Restoration of Position. In case the Mortgagee shall have proceeded to enforce any right, power or remedy under this 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 Shipowner and the Mortgagee shall be restored to their former positions and rights hereunder with respect to the property subject or intended to be subject to this Mortgage, and all rights, remedies and powers of the Mortgagee shall continue as if no such proceedings had been taken.

Appears in 3 contracts

Samples: Senior Secured Credit Facility Agreement (Pacific Drilling S.A.), Senior Secured Revolving Credit Agreement (Hornbeck Offshore Services Inc /La), Credit Agreement (Hercules Offshore, LLC)

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Restoration of Position. In case the Mortgagee shall have proceeded to enforce any right, power or remedy under this 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 Shipowner Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder with respect to the property subject or intended to be subject to this the Mortgage, and all rights, remedies and powers of the Mortgagee shall continue as if no such proceedings had been taken.

Appears in 3 contracts

Samples: First Preferred Ship Mortgage (Inspecciones Maritimas S.A), Mortgage Agreement (Trailer Bridge Inc), First Preferred Fleet Mortgage (Reading & Bates Corp)

Restoration of Position. In case the Mortgagee shall have proceeded to enforce any right, power or remedy under this 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 Shipowner Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder with respect to the property subject or intended to be subject to this Mortgage, and all rights, remedies and powers of the Mortgagee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Mortgage Agreement (Hammond Residential LLC)

Restoration of Position. In case the Mortgagee shall have ----------------------- proceeded to enforce any right, power or remedy under this 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 Shipowner Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder with respect to the property subject or intended to be subject to this Mortgage, and all rights, remedies and powers of the Mortgagee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: First Preferred Ship Mortgage (Hammond Residential LLC)

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Restoration of Position. In case the Mortgagee shall have proceeded to enforce any right, power or remedy under this 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 Shipowner Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder with respect to the property subject or intended to be subject to this Mortgage, and all rights, remedies and powers of the Mortgagee shall continue as if no such proceedings had been taken.

Appears in 1 contract

Samples: Preferred Ship Mortgage (President Casinos Inc)

Restoration of Position. In case the Mortgagee shall have proceeded to enforce any right, remedy or power or remedy under this Mortgage by foreclosure, sale, 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 Shipowner Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder with respect to the property subject or intended to be subject to this MortgageMortgaged Property, and all rights, remedies and powers of the Mortgagee shall continue in full force and effect as if no such proceedings had been takeninitiated.

Appears in 1 contract

Samples: Combination Mortgage, Security Agreement and Fixture Financing Statement (Franklin Street Properties Corp /Ma/)

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