Common use of Restoration of Rights and Remedies Clause in Contracts

Restoration of Rights and Remedies. If the Trustee or any Securityholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, then and in every such case the Company, the Trustee and the Securityholders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Securityholders shall continue as though no such proceeding had been instituted.

Appears in 153 contracts

Samples: Indenture (Invesco Mortgage Capital Inc.), Indenture (Xenetic Biosciences, Inc.), Indenture (Xenetic Biosciences, Inc.)

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Restoration of Rights and Remedies. If the Trustee or any Securityholder Holder of any Security has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, then and in every such case the Company, the Trustee and the Securityholders Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Securityholders Holders shall continue as though no such proceeding had been instituted.

Appears in 32 contracts

Samples: Indenture (National Oilwell Varco Inc), Indenture (FMC Technologies Inc), Indenture (FMC Technologies Inc)

Restoration of Rights and Remedies. If the Security Trustee or any Securityholder Holder has instituted any proceeding to enforce any right or remedy under this Indenture Guarantee and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Security Trustee or to such Holder, then and in every such case the Company, the Trustee and the Securityholders shallcase, subject to any determination in such proceeding, the Guarantor, the Security Trustee and the Holders shall be restored severally and respectively to their respective former positions hereunder, hereunder and thereafter all rights and remedies of the Security Trustee and the Securityholders Holders shall continue as though no such proceeding had been instituted.

Appears in 8 contracts

Samples: Guarantee Indenture (Brookfield Renewable Partners L.P.), Guarantee Indenture (Brookfield Renewable Corp), Guarantee Indenture (Brookfield Renewable Partners L.P.)

Restoration of Rights and Remedies. If the Trustee or any Securityholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, then and in every such case the Company, the Trustee and the Securityholders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Securityholders shall continue as though no such proceeding had been instituted.

Appears in 7 contracts

Samples: Subordinated Indenture (Xylem Inc.), Senior Indenture (Xylem Inc.), Indenture (ITT Corp)

Restoration of Rights and Remedies. If the Trustee or any Securityholder Holder of any Security has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, then and in every such case the Company, the Subsidiary Guarantors, the Trustee and the Securityholders Holders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Securityholders Holders shall continue as though no such proceeding had been instituted.

Appears in 4 contracts

Samples: Indenture (Viking International LTD), Indenture (Viking International LTD), Indenture (Aviall Services Inc)

Restoration of Rights and Remedies. If the Trustee or any Securityholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, then and in every such case the Company, [the Guarantor,] the Trustee and the Securityholders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Securityholders shall continue as though no such proceeding had been instituted.

Appears in 4 contracts

Samples: Senior Indenture (Fund American Co Inc/New), Subordinated Indenture (Fund American Co Inc/New), Senior Indenture (Fund American Co Inc/New)

Restoration of Rights and Remedies. If the Trustee or any Securityholder 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 holder, then and in every such case the Company, the Trustee and the Securityholders each such holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Securityholders each such holder shall continue as though no such proceeding had been instituted.

Appears in 3 contracts

Samples: Indenture (SM Energy Co), Indenture (SM Energy Co), Indenture (WPX Energy, Inc.)

Restoration of Rights and Remedies. If the Trustee or any Securityholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, then and in every such case the CompanyBank, the Trustee and the Securityholders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Securityholders shall continue as though no such proceeding had been instituted.

Appears in 3 contracts

Samples: Indenture (Corpbanca/Fi), Indenture (Corpbanca/Fi), Indenture (Banco Santander Chile)

Restoration of Rights and Remedies. If the Trustee or any Securityholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, then and in every such case the Company, the Guarantor, the Trustee and the Securityholders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Securityholders shall continue as though no such proceeding had been instituted.

Appears in 3 contracts

Samples: Senior Indenture (OneBeacon Insurance Group, Ltd.), Senior Indenture (White Mountains Insurance Group LTD), Senior Indenture (OneBeacon Insurance Group, Ltd.)

Restoration of Rights and Remedies. If the Trustee or any Securityholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, then and in every such case the Companyapplicable Issuer, the Guarantor, the Trustee and the Securityholders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Securityholders shall continue as though no such proceeding had been instituted.

Appears in 2 contracts

Samples: Indenture (Upr Capital Co), Indenture (Union Pacific Resources Group Inc)

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Restoration of Rights and Remedies. If the Trustee or any Securityholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, then and in every such case the Company, the Trustee Trustee, the Guarantor and the Securityholders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Securityholders shall continue as though no such proceeding had been instituted.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Fund American Co Inc/New), Junior Subordinated Indenture (Fund American Co Inc/New)

Restoration of Rights and Remedies. If the Trustee or any Securityholder has shall have instituted any proceeding to enforce any right or remedy under this Indenture any Security Document and such proceeding has 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 CompanyTrustee, the Trustee Obligors, and the Securityholders Secured Parties shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Securityholders shall continue as though no such proceeding had been instituted.

Appears in 1 contract

Samples: Collateral Trust Indenture and Security Agreement (Landmark Infrastructure Partners LP)

Restoration of Rights and Remedies. If the Trustee or any Securityholder has instituted any proceeding to enforce any right or remedy under this Indenture or the Guarantees and such proceeding has been discontinued or abandoned for any reason, then and in every such case the Company, the Guarantors, the Trustee and the Securityholders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunderhereunder and thereunder, and thereafter all rights and remedies of the Trustee and the Securityholders shall continue as though no such proceeding had been instituted.

Appears in 1 contract

Samples: Indenture (Warner Communications Inc)

Restoration of Rights and Remedies. If the Trustee or any Securityholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, then and in every such case the Company, the Trustee and the Securityholders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Securityholders shall continue as though no such proceeding had been instituted.. 26

Appears in 1 contract

Samples: Indenture (Dana Holding Corp)

Restoration of Rights and Remedies. If the Trustee or any Securityholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, then and in every such case the Company, the Trustee and the Securityholders shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and the Securityholders shall continue as though no such proceeding had been instituted.and

Appears in 1 contract

Samples: Indenture (Diamond Offshore Drilling Inc)

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

Appears in 1 contract

Samples: Indenture (Bank Bradesco)

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