Common use of Restoration of Positions Clause in Contracts

Restoration of Positions. In case the Trustee shall have proceeded to enforce any right under this 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 Trustee, then and in every such case the Company and the Trustee shall be restored to their former positions and rights hereunder with respect to the mortgaged property, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Appears in 2 contracts

Samples: Twelfth Supplemental Indenture (Unitil Corp), Twelfth Supplemental Indenture (Unitil Corp)

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Restoration of Positions. In case If the Trustee shall have proceeded or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture by foreclosure, entry or otherwise, otherwise and such proceedings shall have proceeding has been discontinued or abandoned for any reason, reason or shall have has been determined adversely to the TrusteeTrustee or to such Holder, then and in every such case the Company Company, the Trustee and the Trustee shall Holders shall, subject to any determination in such proceeding, be restored to their former positions and rights hereunder with respect to the mortgaged propertyhereunder, and thereafter all rights, rights and remedies and powers of the Trustee and the Holders shall continue as if though no such proceedings proceeding had been takeninstituted.

Appears in 2 contracts

Samples: Indenture (Chugach Electric Association Inc), Indenture (Oglethorpe Power Corp)

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