Common use of Restoration of Positions Clause in Contracts

Restoration of Positions. If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture by foreclosure, entry or otherwise and such proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Trustee or to such Holder, then and in every such case the Company, the Trustee and the Holders 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 Holders shall continue as though no such proceeding had been instituted.

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Unitil Corp, Unitil Corp

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