Common use of Restoration of Positions Clause in Contracts

Restoration of Positions. If the Trustee or any Bondholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Trustee or to such Bondholder, then and in every such case the Issuer, the Trustee and the Bondholders shall, subject to any determination in such proceeding, be restored to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Bondholders shall continue as though no such proceeding had been instituted.

Appears in 3 contracts

Samples: Note Purchase Agreement, Rights Agreement, Industrial Development Revenue Bonds (Ameron International Corp), Trust Indenture (Color Imaging Inc), Trust Indenture (Color Imaging Inc)

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Restoration of Positions. If the Bond Trustee or any Bondholder has instituted any proceeding to enforce any right or remedy under this Indenture Loan Agreement by suit, or otherwise, and such proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Trustee or to such BondholderBond Trustee, then and in every such case the Issuer, the Trustee Corporation and the Bondholders Bond Trustee shall, subject to any determination in such proceeding, be restored to their former positions and rights hereunder, and thereafter all rights and remedies of the Bond Trustee and the Bondholders shall continue as though no such proceeding had been instituted.

Appears in 1 contract

Samples: Loan Agreement

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