Common use of Restoration of Position Clause in Contracts

Restoration of Position. In case the Collateral Agent shall have proceeded to enforce any right 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, then, and in every such case, the Company and the Collateral Agent shall be restored to their former positions and rights hereunder with respect to the Mortgaged Property subject to the lien hereof.

Appears in 1 contract

Samples: Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement (Peninsula Gaming, LLC)

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Restoration of Position. In case the Collateral Agent shall have proceeded to enforce any right 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, then, and in every such case, the Company Mortgagor and the Collateral Agent shall be restored to their this former positions and rights hereunder with respect to the Mortgaged Property Premises subject to the lien hereof.

Appears in 1 contract

Samples: Mortgage and Security Agreement (American Medical Systems Holdings Inc)

Restoration of Position. In case the Collateral Agent shall have proceeded to enforce any right 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, then, and in every such case, the Company Borrower and the Collateral Agent shall be restored to their former positions and rights hereunder with respect to the Mortgaged Property subject to the lien hereof.

Appears in 1 contract

Samples: Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement (Simcala Inc)

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Restoration of Position. In case the Collateral Agent shall have proceeded to enforce any right 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, then, and in every such case, the Company Mortgagor and the Collateral Agent shall be restored to their former positions and rights hereunder with respect to the Mortgaged Property Vessel subject to the lien hereof.

Appears in 1 contract

Samples: Preferred Ship Mortgage (Peninsula Gaming, LLC)

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