Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 1074 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2024-B), Indenture (BMW Vehicle Owner Trust 2024-A), Trust Agreement (BMW Vehicle Owner Trust 2024-A)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 168 contracts
Samples: Indenture (CarMax Auto Owner Trust 2024-3), Indenture (Carmax Auto Funding LLC), Indenture (Daimler Trucks Retail Trust 2024-1)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerIssuing Entity, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 163 contracts
Samples: Indenture (CNH Equipment Trust 2024-C), Indenture (CNH Equipment Trust 2024-C), Indenture (World Omni Select Auto Trust 2024-A)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder 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 Indenture Trustee or to such NoteholderHolder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders Holders shall continue as though no such Proceeding had been instituted.
Appears in 115 contracts
Samples: Indenture (PACIFIC GAS & ELECTRIC Co), Indenture (PG&E Recovery Funding LLC), Indenture (PG&E Recovery Funding LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 95 contracts
Samples: Indenture (Harley-Davidson Motorcycle Trust 2024-B), Indenture (Harley-Davidson Motorcycle Trust 2024-B), Indenture (Harley-Davidson Motorcycle Trust 2024-A)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such the Proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such the Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Credit Enhancer, and the Noteholders shall, subject to any determination in such the Proceeding, be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 65 contracts
Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E), Indenture (Cwabs Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 34 contracts
Samples: Indenture (Horizon Technology Finance Corp), Indenture (Horizon Technology Finance Corp), Indenture (Horizon Technology Finance Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallNoteholders, subject to any determination in such Proceeding, will be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter subsequently all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding had been instituted.
Appears in 34 contracts
Samples: Indenture (Ford Credit Auto Lease Trust 2014-A), Indenture (Ford Credit Auto Lease Trust 2014-A), Indenture (Ford Credit Auto Owner Trust 2014-A)
Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Insurer or any Noteholder 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 Indenture Trustee Trustee, the Insurer or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Insurer and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 32 contracts
Samples: Onyx Acceptance Owner Trust 2005-A, Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such NoteholderBondholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Bondholders 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 Indenture Trustee and the Noteholders Bondholders shall continue as though no such Proceeding had been instituted.
Appears in 32 contracts
Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Servicing Agreement (Impac CMB Trust Series 2005-8), Indenture (IMPAC CMB Trust Series 2005-5)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 29 contracts
Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Credit Acceptance Corp
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and and, in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 27 contracts
Samples: Note Funding Agreement (Bluegreen Vacations Corp), Indenture (Bluegreen Vacations Holding Corp), BXG Timeshare (Bluegreen Vacations Holding Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their respective former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 24 contracts
Samples: Home Loan Trust 2006-Hi5, Residential Funding Mortgage Securities Ii Inc, Home Loan Trust 2007-Hi1
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallNoteholders, subject to any determination in such Proceeding, will be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding had been instituted.
Appears in 23 contracts
Samples: Indenture (Commercial Credit, Inc.), Indenture (Commercial Credit, Inc.), Indenture (Commercial Credit, Inc.)
Restoration of Rights and Remedies. If the Indenture ---------------------------------- Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 23 contracts
Samples: Indenture (Firstplus Investment Corp), Master Servicing Agreement (Indymac Abs Inc), Indenture (SLM Funding Corp)
Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Note Insurer or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to be adverse to the Indenture Trustee Trustee, the Note Insurer or to such Noteholder, then and in every such case the IssuerIndenture Trustee, the Indenture Trustee Note Insurer and the Noteholders 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 Indenture Trustee Trustee, the Note Insurer and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 23 contracts
Samples: Indenture (Accredited Mortgage Loan Trust 2003-3), Indenture (Accredited Home Lenders Inc Mortgage Loan Trust 2004-1), Indenture (Accredited Mortgage Loan Trust 2003-2)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 19 contracts
Samples: Indenture and Servicing Agreement (Travel & Leisure Co.), Indenture and Servicing Agreement (Travel & Leisure Co.), Indenture and Servicing Agreement (Wyndham Destinations, Inc.)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder holder of Notes 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 Indenture Trustee or to such Noteholderholder of Notes, then and in every such case the Issuer, the Indenture Trustee and the Noteholders holders of the Notes 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 Indenture Trustee and the Noteholders holders of the Notes shall continue as though no such Proceeding had been instituted.
Appears in 16 contracts
Samples: www.capitaliq.spglobal.com, www.capitaliq.spglobal.com, www.snl.com
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to be adverse to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 16 contracts
Samples: Indenture (NovaStar Certificates Financing CORP), Indenture (Accredited Mortgage Loan Trust 2005-1), Indenture (Accredited Mortgage Loan Trust 2006-2)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Noteholder 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 15 contracts
Samples: Uscc Master Note (United States Cellular Corp), Indenture (Electronic Data Systems Corp /De/), Master Indenture (Compucredit Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 15 contracts
Samples: Indenture (Diamond Resorts International, Inc.), Indenture (Diamond Resorts International, Inc.), Indenture (Diamond Resorts International, Inc.)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 14 contracts
Samples: Master Indenture (Smurfit-Stone Container Enterprises Inc), Satisfaction and Discharge of Indenture (Ace Sec Corp Wells Fargo Financial Auto Owner Trust 2004-A), Wells Fargo Financial Auto Owner Trust 2005-A
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued discontinued, waived, rescinded or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case case, subject to any determination in such proceeding, the IssuerIssuers, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 14 contracts
Samples: Master Indenture (FrontView REIT, Inc.), Master Indenture (American Finance Trust, Inc), Master Indenture
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerIssuing Entity, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their respective former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 13 contracts
Samples: Indenture (Carvana Auto Receivables Trust 2022-P1), Indenture (Carvana Auto Receivables Trust 2022-P1), Indenture (Carvana Auto Receivables Trust 2021-P4)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 13 contracts
Samples: Indenture (CIT Equipment Collateral 2008-Vt1), Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD)
Restoration of Rights and Remedies. If the Indenture Senior Trustee or any Noteholder of the Senior Class of Notes has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture Indenture, and such Proceeding proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Senior Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Senior Trustee and the Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Senior Trustee and the Noteholders shall continue as though no such Proceeding had proceeding has been instituted.
Appears in 12 contracts
Samples: Indenture (Zealand Pharma a/S), Indenture (Zealand Pharma a/S), Indenture (Alexza Pharmaceuticals Inc.)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then (and in every such case case) the Issuer, the Indenture Trustee Co-Issuer, the Trustee, and the Noteholders Noteholder 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 11 contracts
Samples: Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc), Arbor (Arbor Realty Trust Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder 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 Indenture Trustee or to such NoteholderHolder, then and in every such case the Note Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders Holders shall continue as though no such Proceeding had been instituted.
Appears in 9 contracts
Samples: Indenture (Comed Funding LLC), Indenture (Comed Funding LLC), Indenture (Illinois Power Securitization Limited Liability Co)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their respective former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 9 contracts
Samples: Indenture (Capital Auto Receivables Inc), Exhibit 99 (First Security Auto Owner Trust 1999 1), Indenture (Central Originating Lease Trust)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee Trustee, the Note Insurer or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Note Insurer and the Noteholders 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 Indenture Trustee Trustee, the Note Insurer and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 8 contracts
Samples: Default And (Afc Mortgage Loan Asset Backed Notes Series 2000-1), Indenture (Superior Bank FSB Afc Mort Ln Asset Backed Notes Ser 2000 2), Indenture (Merrill Lynch Mortgage Investors Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders or such Noteholder 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 8 contracts
Samples: Note Purchase Agreement (Conns Inc), Note Purchase Agreement (Conns Inc), Indenture (Springleaf Holdings, Inc.)
Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Insurer or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee Trustee, the Insurer or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallcase, subject to any determination in such Proceedingproceeding, the Issuer, the Trustee, the Insurer and the Noteholders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee Trustee, the Insurer and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 8 contracts
Samples: Assignment and Servicing Agreement (Ikon Receivables LLC), Assignment and Servicing Agreement (Ikon Receivables LLC), Indenture (Ikon Receivables Funding LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such the Proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such the Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallNoteholders, subject to any determination in such the Proceeding, will be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter subsequently all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding had been instituted.
Appears in 8 contracts
Samples: Indenture (Ford Credit Auto Owner Trust 2015-B), Indenture (Ford Credit Auto Owner Trust 2015-B), Indenture (Ford Credit Auto Owner Trust 2015-A)
Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Note Insurer or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture Agreement and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Note Insurer and the Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 8 contracts
Samples: Indenture and Servicing Agreement (Creditrust Corp), Indenture and Servicing Agreement (Creditrust Corp), Indenture and Servicing Agreement (MCM Capital Group Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their respective former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 7 contracts
Samples: Underwriting Agreement (Goldman Sachs Asset Backed Securities Corp), Indenture (Wodfi LLC), Indenture (Wholesale Auto Receivables Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such the Proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such the Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallNoteholders, subject to any determination in such the Proceeding, will be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter subsequently all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding had been instituted.
Appears in 7 contracts
Samples: Indenture (Ford Credit Auto Lease Trust 2015-B), Indenture (Ford Credit Auto Lease Trust 2015-B), Indenture (Ford Credit Auto Lease Trust 2015-A)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholdernoteholder, then and and, in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 7 contracts
Samples: Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then then, and in every such case case, the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 7 contracts
Samples: Sunnova Energy International Inc., Contribution Agreement (Americredit Corp), Bay View Capital Corp
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued discontinued, waived, rescinded or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 6 contracts
Samples: Master Indenture (Cim Real Estate Finance Trust, Inc.), Indenture (Manhattan Bridge Capital, Inc), Trust Agreement (Impac Mortgage Holdings Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallNoteholder will, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding proceeding had been instituted.
Appears in 6 contracts
Samples: Indenture (Ford Credit Floorplan LLC), Ford Credit Floorplan Corp, Indenture (Ford Credit Floorplan LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 reason, or has been determined adversely to the Indenture Trustee or to such NoteholderBondholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Bondholders 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 Indenture Trustee and the Noteholders Bondholders shall continue as though no such Proceeding had been instituted.
Appears in 6 contracts
Samples: www.nyc.gov, Indenture (Fund America Investors Corp Ii), Indenture (Equity Inns Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder or Certificateholder 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 Indenture Trustee or to such NoteholderNoteholder or Certificateholder, then and in every such case the Issuer, the Indenture Trustee and Trustee, the Noteholders and Certificateholders 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 Indenture Trustee and the Noteholders and Certificateholders shall continue as though no such Proceeding had been instituted.
Appears in 6 contracts
Samples: Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture or any Indenture Supplement and such Proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 6 contracts
Samples: Receivables Purchase Agreement (Domus Holdings Corp), Purchase Agreement (Realogy Corp), Purchase Agreement (NRT Settlement Services of Missouri LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this the Indenture and such Proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 5 contracts
Samples: Base Indenture (Enova International, Inc.), Backup Servicing Agreement (On Deck Capital, Inc.), On Deck Capital, Inc.
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though through no such Proceeding proceeding had been instituted.
Appears in 5 contracts
Samples: Form of Indenture (Chase Manhattan Bank Usa), Pooling and Servicing Agreement (Chase Credit Card Master Trust), Indenture (Chase Manhattan Bank Usa)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under in accordance with the terms of this Indenture and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely adverse to the Indenture Trustee or to such Noteholder, then and in every such case the Issuercase, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders hereunder shall continue as though no such Proceeding had has been instituted.
Appears in 5 contracts
Samples: Note Purchase Agreement (HPSC Inc), First Sierra Receivables Iii Inc, First Sierra Receivables Iii Inc
Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Insurer or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee Trustee, the Insurer or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Insurer and the Noteholders 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 Indenture Trustee Trustee, the Insurer and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 5 contracts
Samples: Indenture and Servicing Agreement (Wyndham Worldwide Corp), Indenture and Servicing Agreement (Cendant Corp), Indenture and Servicing Agreement (Cendant Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Noteholders has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 5 contracts
Samples: Indenture (Heller Funding Corp), Heller Equipment (Heller Funding Corp Ii), Newcourt Receivables Corp Ii
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerIssuing Entity, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (World Omni LT), Indenture (World Omni LT), Indenture (World Omni Auto Leasing LLC)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder or Certificateholder 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 Indenture Trustee or to such NoteholderNoteholder or Certificateholder, then and in every such case the Issuer, the Indenture Trustee and Trustee, the Noteholders and Certificateholders 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 Indenture Trustee and Trustee, the Noteholders and Certificateholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Intercreditor Agreement (Oportun Financial Corp), Intercreditor Agreement (Oportun Financial Corp), Oportun Financial Corp
Restoration of Rights and Remedies. If the ---------------------------------- Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (World Omni Auto Receivables LLC), Servicing Agreement (Greenpoint Credit LLC), Indenture (SLM Funding Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder of the Notes has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, Holder of the Notes then and in every such case the Issuer, the Indenture Trustee and such Holder of the Noteholders Notes 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 Indenture Trustee and the Noteholders Holders of the Notes shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (FS Energy & Power Fund), Indenture (FS Investment Corp III), Indenture (FS Investment Corp II)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the IssuerOwner Trustee, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Servicing Agreement (Capital One Auto Receivables LLC), Capital One Auto Finance Trust 2002-C, Capital One Auto Finance Trust 2002-A
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Irwin Whole Loan Home Equity Trust 2005-A, Indenture (Irwin Whole Loan Home Equity Trust 2004 A), Indenture (Bear Stearns Asset Backed Securities Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Noteholders has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though through no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Heller Funding Corp, Eaglemark Inc, Eaglemark Inc
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this the Indenture and such Proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Noteholder 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Master Indenture (First National Funding LLC), Master Indenture (First National Funding LLC), Master Indenture (First National Master Note Trust)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Enhancer, the Indenture Trustee Trustee, and the Noteholders 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 Indenture Trustee Trustee, the Enhancer and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Bear Stearns Asset Backed Securities Inc, Bear Stearns Asset Backed Securities Inc, Irwin Home Equity Loan Trust 2004-1
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and or the Noteholders Noteholder 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 4 contracts
Samples: Master Indenture, Master Indenture (Atlanticus Holdings Corp), Master Indenture (Atlanticus Holdings Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Noteholder 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Master Indenture (Alliance Data Systems Corp), Master Indenture (World Financial Network Credit Card Master Trust), Master Indenture (World Financial Network Credit Card Master Trust)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.. SECTION 5.9
Appears in 3 contracts
Samples: Daimler Benz Vehicle Receivables Corp, Mmca Auto Receivables Inc, Mmca Auto Receivables Inc
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee Trustee, or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Co-Issuer, the Trustee, and the Noteholders Noteholder 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 Indenture Trustee Trustee, and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Cdo Servicing Agreement (Gramercy Capital Corp), Gramercy Real (Gramercy Capital Corp), Marathon Real Estate Finance, Inc.
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder of Class A Notes has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture Master Indenture, and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such NoteholderHolder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had proceeding has been instituted.
Appears in 3 contracts
Samples: Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case case, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their former positions hereunder, and thereafter thereafter, all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Peoples Choice Home Loan Securities Trust Series 2005-2), Indenture (Peoples Choice Home Loan Securities Trust Series 2005-3), Peoples Choice Home Loan Securities Trust Series 2005-4
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee Trustee, the Insurer or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Insurer and the Noteholders 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 Indenture Trustee Trustee, the Insurer and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Trust Agreement (American Home Mortgage Investment Trust 2005-4), Master Agreement (Home Equity Mortgage Trust 2006-2), Home Equity Mortgage Trust 2007-1
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder of Equipment Notes has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture Indenture, and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such NoteholderHolder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had proceeding has been instituted.
Appears in 3 contracts
Samples: Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and Servicing Agreement and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture and Servicing Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture and Servicing Agreement (Marriott Vacations Worldwide Corp), Indenture and Servicing Agreement (Marriott Vacations Worldwide Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallcase, subject to any determination in such Proceedingproceeding, Issuer, Indenture Trustee and the Noteholders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Provident Lease Receivables Corp), Indenture (Provident Lease Receivables Corp), Indenture (Provident Lease Receivables Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder has instituted any Proceeding proceeding to enforce any right or remedy under this First Supplemental Indenture or Base Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such NoteholderHolder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallcase, subject to any determination in such Proceedingproceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, under this First Supplemental Indenture and Base Indenture and thereafter all rights and remedies of the Indenture Trustee and the Noteholders Holders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 3 contracts
Samples: First Supplemental Indenture (Customers Bancorp, Inc.), Supplemental Indenture (BofI Holding, Inc.), Supplemental Indenture (BofI Holding, Inc.)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder has instituted any Proceeding proceeding to enforce any right or remedy under this the Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such NoteholderHolder, then and in every such case the IssuerTrust, the Indenture Trustee and the Noteholders each such Holder shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunderunder the Indenture, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders each such Holder shall continue as though no such Proceeding proceeding had been instituted.
Appears in 3 contracts
Samples: License Agreement (Principal Life Insurance Co), License Agreement (Principal Life Insurance Co), License Agreement (Principal Life Insurance Co)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Mid State Homes Trust Xi, Mid State Capital Corp, Wells Fargo Asset Securities Corp
Restoration of Rights and Remedies. If the Indenture ---------------------------------- Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerOwner Trustee, the Owner Trust Estate, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, be restored severally and respectively to their respective former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Navistar Financial Retail Receivables Corporation), Indenture (Navistar Financial Retail Receivables Corporation), Navistar Financial Retail Receivables Corporation
Restoration of Rights and Remedies. If the Indenture Trustee or any Investor Noteholder has instituted any Proceeding to enforce any right or remedy under this the Indenture and such Proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Investor Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Investor Noteholders 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 Indenture Trustee and the Investor Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Base Indenture (PHH Corp), Base Indenture (PHH Corp), Indenture (Goodyear Tire & Rubber Co /Oh/)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, the Facility Administrator and the Noteholders 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 Indenture Trustee Trustee, the Facility Administrator and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Bluegreen Corp), Bluegreen Corp, Bluegreen Corp
Restoration of Rights and Remedies. If the Indenture Trustee or any Investor Noteholder 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 Indenture Trustee or to such Investor Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Investor Noteholders 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 Indenture Trustee and the Investor Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (PHH Corp), Indenture (Greyhound Funding LLC), Greyhound Funding LLC
Restoration of Rights and Remedies. If the Indenture Trustee or any Senior Noteholder 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 Indenture Trustee or to such Senior Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Senior Noteholders 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 Indenture Trustee and the Senior Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Ryder Truck Rental I Lp, BMW Vehicle Lease Trust 2000-A, Ryder Truck Rental I Lp
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such the Proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such the Noteholder, then and in every such case the Issuer, the Indenture Trustee Trustee, and the Noteholders shall, subject to any determination in such the Proceeding, be restored severally and respectively to their former positions hereunderunder this Indenture, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-G), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-A), Custodial Agreement (CWHEQ, Inc.)
Restoration of Rights and Remedies. If the Indenture Trustee ---------------------------------- or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Noteholder 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 3 contracts
Samples: Master Indenture (Spiegel Master Trust), Master Indenture (Spiegel Inc), Master Indenture (Spiegel Master Trust)
Restoration of Rights and Remedies. If the Indenture Trustee or Trustee, any Noteholder Holder has instituted any Proceeding to enforce any right or remedy under this Indenture or the related Supplement and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee Trustee, or to such NoteholderHolder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallcase, subject to any determination in such Proceeding, the Issuer, the Indenture Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders Holders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Intercreditor Collateral Agreement (CAI International, Inc.), Intercreditor Collateral Agreement (CAI International, Inc.)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and and, in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to 57 their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Samples: BXG Receivables Note (BBX Capital Corp), BXG Receivables Note (BFC Financial Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Debtholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such NoteholderDebtholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallcase, subject to any determination in such Proceedingproceeding, Baytex, the Guarantors (if any), the Indenture Trustee and the Debtholders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders Debtholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Samples: Trust Indenture (Baytex Energy Corp.), Trust Indenture (Baytex Energy Corp.)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the IssuerOwner Trustee, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (M&i Auto Loan Trust 2002-1), Bond Securitization LLC
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Debtholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such NoteholderDebtholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Debtholder 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 Indenture Issuer, the Trustee and the Noteholders Debtholder shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture Agreement (HPS Corporate Lending Fund), Indenture Agreement (HPS Corporate Lending Fund)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Irwin Home Equity Loan Trust 2005-1, Bear Stearns Asset Backed Sec Inc Irwin Home Eq Lo Tr 2001-2
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has shall have instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has shall have been discontinued or abandoned for any reason or has shall have been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Bay View Deposit CORP), Indenture (Bay View Deposit CORP)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such NoteholderHolder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallcase, subject to any determination in such Proceedingproceeding, the Company, the other Loan Parties, the Indenture Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders Holders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Warnaco Group Inc /De/), Warnaco Group Inc /De/
Restoration of Rights and Remedies. If the Indenture Trustee ---------------------------------- or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Deutsche Recreational Asset Funding Corp), Deutsche Recreational Asset Funding Corp
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the IssuerIssuing Entity, the Indenture Trustee Trustee, and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Material Definitive Agreement (Bear Stearns Asset Backed Securities I LLC), Material Definitive Agreement (Bear Stearns Asset Backed Securities I LLC)
Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Insurer or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture or the Series Supplement and such Proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholderreason, then and in every such case the Issuer, the Indenture Trustee Trustee, the Insurer and the related Noteholders 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 Indenture Trustee Trustee, the Insurer and the related Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Household Auto Receivables Corp), Indenture (Household Auto Receivables Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Senior Noteholder 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 Indenture Trustee or to such Senior Noteholder, then and in every such case the IssuerLease Trust, the Indenture Trustee and the Senior Noteholders 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 Indenture Trustee and the Senior Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case case, subject to any determination in such proceeding, the Issuer, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceeding, shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Acc Consumer Finance Corp), Chevy Chase Bank FSB
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the IssuerTrust, the Indenture Trustee and the Noteholders shall, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Saul B F Real Estate Investment Trust), Saul B F Real Estate Investment Trust
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.. 26 (Nissan 2014-B Indenture)
Appears in 2 contracts
Samples: Nissan Auto Receivables 2014-B Owner Trust, Nissan Auto Receivables 2014-B Owner Trust
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee Trustee, the Insurer and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (HFC Revolving Corp Household Home Equity Loan Trust 2002 4), HFC Revolving Corp Household Home Equity Loan Trust 2002-3
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture or the Series Supplement and such Proceeding has been discontinued or abandoned for any reason or has been determined adversely to the Indenture Trustee or to such Noteholderreason, then and in every such case the Issuer, the Indenture Trustee Trustee, and the related Noteholders 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 Indenture Trustee Trustee, and the related Noteholders shall continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Samples: Household Auto Receivables Corp, Household Auto Receivables Corp
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Master Indenture and such Proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders Noteholder 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Master Indenture (Nordstrom Inc), Master Indenture (Nordstrom Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such NoteholderNoteholder for any reason, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallwill, subject to any determination in such Proceedingproceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders shall will continue as though no such Proceeding proceeding had been instituted.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Navistar Financial Dealer Note Master Trust), Pooling and Servicing Agreement (Navistar Financial Dealer Note Master Trust)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any Proceeding to enforce any right or remedy under this Indenture and such Proceeding has been discontinued or abandoned for any reason abandoned, or has been determined adversely to the Indenture Trustee or to such Noteholder, then and in every such case the IssuerCo-Issuers, the Indenture Trustee and the Noteholders or such Noteholder 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (New Residential Investment Corp.), Indenture (Springleaf Finance Corp)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder 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 Indenture Trustee or to such Noteholder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders 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 Indenture Trustee and the Noteholders shall continue as though no such Proceeding had been instituted.. 26 (Nissan 2015-A Indenture)
Appears in 2 contracts
Samples: Indenture (Nissan Auto Receivables Corp Ii), Indenture (Nissan Auto Receivables Corp Ii)
Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder Holder has instituted any Proceeding to enforce any right or remedy under this Indenture or the related Supplement and such Proceeding has been discontinued or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such NoteholderHolder, then and in every such case the Issuer, the Indenture Trustee and the Noteholders shallcase, subject to any determination in such Proceeding, the Issuer, the Indenture Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Indenture Trustee and the Noteholders Holders shall continue as though no such Proceeding had been instituted.
Appears in 2 contracts
Samples: Intercreditor Collateral Agreement (CAI International, Inc.), Manager Transfer Facilitator Agreement (CAI International, Inc.)
Restoration of Rights and Remedies. If the Indenture Trustee Trustee, the Insurer or any Noteholder has instituted any Proceeding proceeding to enforce any right or remedy under this Indenture and such Proceeding proceeding has been discontinued discontinued, waived, rescinded or abandoned for any reason reason, or has been determined adversely to the Indenture Trustee or to such Noteholder, then then, and in every such case the Issuer, the Indenture Trustee and the Noteholders shallcase, subject to any determination in such Proceedingproceeding, the Issuer, the Indenture Trustee, the Insurer and the Noteholders shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders such Persons shall continue as though no such Proceeding proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Capital Automotive Reit)