Common use of Restoration of Positions Clause in Contracts

Restoration of Positions. If the Issuer or Trustee have instituted any proceeding to enforce any right or remedy under this Loan Agreement, and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Issuer or Trustee, then and in every such case the Borrower, Trustee and the Issuer shall, subject to any determination in the proceeding, be restored to the positions they held prior to commencement of such proceedings, and thereafter all rights and remedies of the Issuer shall continue as though no such proceeding had been instituted.

Appears in 2 contracts

Samples: Subordinate Loan Agreement, Subordinate Loan Agreement

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Restoration of Positions. If the Issuer or Trustee have has instituted any proceeding to enforce any right or remedy under this Loan AgreementAgreement by suit, foreclosure, the appointment of a receiver, or otherwise, and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Issuer or Trustee, then and in every such case the BorrowerIssuer, the Corporation, the Trustee and the Issuer Owners shall, subject to any determination in the such proceeding, be restored to the their former positions they held prior to commencement of such proceedingsand rights hereunder, and thereafter all rights and remedies of the Issuer Trustee shall continue as though no such proceeding had been instituted.

Appears in 1 contract

Samples: Loan Agreement

Restoration of Positions. If the Issuer or the Trustee have instituted any proceeding to enforce any right or remedy under this Loan Agreement, and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Issuer or the Trustee, then and in every such case the Borrower, Trustee Company and the Issuer shall, subject to any determination in the proceeding, be restored to the positions they held prior to commencement of such proceedings, and thereafter all rights and remedies of the Issuer shall continue as though no such proceeding had been instituted.thereafter

Appears in 1 contract

Samples: Loan Agreement (Transcrypt International Inc)

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Restoration of Positions. If the Issuer or Trustee have instituted any proceeding to enforce any right or remedy under this Loan Agreement, and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Issuer or Trustee, then and in every such case the Borrower, Trustee and the Issuer shall, subject to any determination in the proceeding, be restored to the positions they held prior to commencement of such proceedings, and thereafter all rights and remedies of the Issuer shall continue as though no such proceeding had been instituted.

Appears in 1 contract

Samples: Loan Agreement

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