Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 34 contracts
Samples: Indenture (Renaissancere Holdings LTD), Partnerre LTD, Validus Holdings (UK) PLC
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Issuer, any Guarantor, any other obligor of the Notes, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 28 contracts
Samples: Indenture (Manitowoc Co Inc), Indenture (Accelerate Diagnostics, Inc), Indenture (Mr. Cooper Group Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture or any Guarantee 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, any Guarantor, any other obligor on the Notes, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 13 contracts
Samples: Supplemental Indenture (Accuride Corp), Registration Rights Agreement (Alliance Imaging Inc /De/), Indenture (Alliance HealthCare Services, Inc)
Restoration of Rights and Remedies. If the Trustee or the Security Agent or any Holder of a Security or a Coupon 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 the Security Agent or to such Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Issuer, any Guarantor, the Trustee, the Security Agent and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee Trustee, the Security Agent and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 10 contracts
Samples: Indenture (Carnival PLC), Supplemental Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.)
Restoration of Rights and Remedies. If the Indenture Trustee or any Holder of a Security or a Coupon 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 Holder, then and in every such case the CompanyTrust, the Guarantor, the Indenture Trustee and 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 Indenture Trustee and each such Holder shall continue as though no such proceeding had been instituted.
Appears in 9 contracts
Samples: License Agreement (Protective Life Insurance Co), License Agreement (Protective Life Insurance Co), License Agreement (Protective Life Insurance Co)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any a 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 Trustee or to such the Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallthen, subject to any determination in such the proceeding, the Issuer, the Guarantors, the Trustee and the Holders will be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Issuer, the Guarantors, the Trustee and each such Holder shall the Holders will continue as though no such proceeding had been instituted.
Appears in 9 contracts
Samples: Supplemental Indenture (Energizer Holdings, Inc.), Indenture (Crocs, Inc.), Supplemental Indenture (Energizer Holdings, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 CompanyIssuer, the GuarantorGuarantor (if the Security is a Guaranteed Security), the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 8 contracts
Samples: Indenture (Reckson Operating Partnership Lp), Indenture (Highwoods Forsyth L P), Indenture (Reckson Associates Realty Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Note or any Note Guarantee 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, each of the Guarantor, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 8 contracts
Samples: Indenture (Saks Inc), Indenture (Saks Inc), Indenture (Saks Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 GuarantorIssuers, the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 8 contracts
Samples: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon Guarantee 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 each Guarantor, the Trustee and each such Holder the Holders of Securities and Guarantees shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 8 contracts
Samples: Indenture (Prologis Yen Finance LLC), Indenture (Prologis, L.P.), Indenture (Prologis Yen Finance LLC)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Supplemental Indenture or any Note 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, any other obligor upon the GuarantorNotes, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 8 contracts
Samples: Supplemental Indenture (Graphic Packaging Holding Co), Indenture (Graphic Packaging International, LLC), Supplemental Indenture (Graphic Packaging International, LLC)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 then, and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Issuer, the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Issuer, the Guarantors, the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 7 contracts
Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern), Indenture (Kansas City Southern)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture or the Note Guarantees 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, any other obligor of the Notes, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 7 contracts
Samples: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Aircastle LTD)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 GuarantorGuarantors, the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 7 contracts
Samples: Indenture (Cintas Corp), Indenture (FCC Acquisitions Corp), Indenture (Winn Dixie Logistics Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 7 contracts
Samples: Reconciliation And (Bbva Subordinated Capital, S.A. Unipersonal), Indenture (BBVA International Preferred, S.A. Unipersonal), BBVA International Preferred, S.A. Unipersonal
Restoration of Rights and Remedies. If the Trustee or the Security Agent or any Holder of a Security or a Coupon 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 the Security Agent or to such Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Issuers, any Guarantor, the Trustee, the Security Agent and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee Trustee, the Security Agent and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Indenture (Ardagh Group S.A.), Indenture (Ardagh Group S.A.), Indenture (Ardagh Group S.A.)
Restoration of Rights and Remedies. If the Trustee Trustee, the Security Agent or any Holder of a Security or a Coupon 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 in a final judgment adversely to the Trustee or to the Security Agent or to such Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Issuer, any Guarantor, the Trustee, the Security Agent and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee Trustee, the Security Agent and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Indenture (International Game Technology PLC), International Game Technology PLC, Indenture (International Game Technology)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, any Guarantor, any other obligor of the Notes, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Indenture (Winnebago Industries Inc), NMI Holdings, Inc., Intercreditor Agreement (Sealy Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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, or has been determined adversely to the Trustee or to such Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Issuers, any Guarantor, any other obligor of the Notes, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Supplemental Indenture (Garrett Motion Inc.), Indenture (TRAC Intermodal LLC), Supplemental Indenture (Clearwire Corp /DE)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any a 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 Trustee or to such the Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallthen, subject to any determination in such the proceeding, the Company, any Subsidiary Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Company, any Subsidiary Guarantors, the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 5 contracts
Samples: Indenture (Bright Scholar Education Holdings LTD), Paying and Transfer Agent and Registrar (eHi Car Services LTD), Paying and Transfer Agent and Registrar (eHi Car Services LTD)
Restoration of Rights and Remedies. If the Trustee for the Securities of any series or any Holder of a Security or a Coupon 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 such Trustee or to such Holder, then and in every such case the Company, the Guarantor, the such Trustee and each such Holder the Holders of Securities 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 such Trustee and each such Holder Holders shall continue as though no such proceeding had been instituted.
Appears in 5 contracts
Samples: Indenture (Mondelez International, Inc.), Altria Group (Philip Morris USA Inc.), Lorillard, Inc.
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (CSX Corp), Indenture (CSX Transportation Inc), CSX Transportation Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 CompanyIssuers, the Guarantor, the Trustee and each such Holder the Holders of Securities 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Renee Avenue Health Holdings LLC), CareTrust REIT, Inc., Sabra Health (Sabra Mecosta LLC)
Restoration of Rights and Remedies. If the Trustee for the Securities of any series or any Holder of a Security or a Coupon 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 then, and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, each of the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Company, each of the Guarantors, the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Dean Foods Co/), Dean Illinois Dairies, LLC, Model Dairy, LLC
Restoration of Rights and Remedies. If the Trustee for the Securities of any series or any Holder of a Security or a Coupon 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 such Trustee or to such Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, the Guarantor (in the case of Guaranteed Securities), such Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the such Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Ingersoll Rand Co LTD, Ingersoll Rand Co, Ingersoll Rand Co LTD
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 GuarantorIssuer, the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Media General Inc, Virginia Paper Manufacturing Corp, Reckson Services Industries Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, the Securities or any Guarantee 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 case, subject to any determination in such proceeding, the Company, the Guarantor, the Trustee and each such Holder shall, subject to any determination in such proceeding, the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had has been instituted.
Appears in 3 contracts
Samples: Article Twelve (PROCTER & GAMBLE Co), Procter & Gamble International Funding SCA, Procter & Gamble International Funding SCA
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Note or any Guarantee 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, each of the Guarantor, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Best Built Inc), Pentacon Industrial Group Inc, Gillette Dairy of the Black Hills Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture or any Note 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 each Subsidiary Guarantor, if any, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Rhythms Net Connections Inc), Indenture (Rhythms Net Connections Inc), Rhythms Net Connections Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any contractual right or remedy under this Indenture or a series of Securities 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, the Subsidiary Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all such contractual rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Whiting Petroleum Corp), Indenture (Whiting Petroleum Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 CompanyOperating Partnership, the Guarantor, the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 then, and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Company, the Guarantors, the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (KCS Holdings I, Inc.), Indenture (Dobson Communications Corp)
Restoration of Rights and Remedies. If the Trustee or any the Holder of a any Security or a Coupon 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 Guarantor, the Trustee and each such Holder the Holders of Securities and Coupons, if any, 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 each such Holder Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Fortune Brands Inc), Indenture (Fortune Brands Inc)
Restoration of Rights and Remedies. If the Indenture Trustee or any Holder of a Security or a Coupon 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 Holder, then and in every such case the Companycase, the GuarantorIndenture Trustee, the Trustee Company and 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 Indenture Trustee and each such Holder shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Governor & Co of the Bank of Ireland), Indenture (Governor & Co of the Bank of Ireland)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, the Securities or any Guarantee 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 case, subject to any determination in such proceeding, the Company, the Guarantor, the Trustee and each such Holder shall, subject to any determination in such proceeding, the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: DH Europe Finance II S.a.r.l., DH Europe Finance II S.a.r.l.
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 then, and in every such case case, subject to any determination in such proceeding, the Company, the Guarantor, the Trustee and each such Holder shall, subject to any determination in such proceeding, the Holders of Securities will be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Company, the Guarantor, the Trustee and each such Holder shall the Holders will continue as though no such proceeding had been instituted.
Appears in 2 contracts
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 GuarantorOperating Partnership, the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Mid-America Apartments, L.P.), Washington Prime Group Inc.
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 CompanyIssuer, the any Guarantor, the Trustee and each such Holder the Holders of Securities 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Perrigo Finance PLC), Perrigo Finance PLC
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 GuarantorIssuer, the Trustee and each such Holder the Holders of Securities and coupons shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, position hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Novellus Systems Inc), SDL Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 CompanyOperating Partnership, the GuarantorGuarantor (if applicable), the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture, Indenture (Education Realty Operating Partnership L P)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture or any Guaranty 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Operating Partnership, the relevant Guarantor, the Trustee and Holders shall be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Sunoco Logistics Partners Lp), Indenture (Sunoco Logistics Partners Lp)
Restoration of Rights and Remedies. If the Trustee Trustee, the Insurer or any Holder of a Security or a Coupon 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 Trustee, the Insurer or to such Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, the Trustee, the Insurer and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee Trustee, the Insurer and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Mony Group Inc, Indenture (Mony Holdings LLC)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 GuarantorGuarantors, the Trustee and each such Holder the Holders of Securities 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 GuarantorGuarantor (if applicable), the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon any series of Securities 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 such Trustee or to such Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Issuers, the Guarantors, if any, such Trustee and such Holder or Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the such Trustee and each such Holder or Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Sun International Hotels LTD), Indenture (Ggri Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Guarantee or any Note 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 CompanyIssuers, the GuarantorSubsidiary Guarantors, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Supplemental Indenture (Canadian Abraxas Petroleum LTD), Canadian Abraxas Petroleum LTD
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any a proceeding to enforce any right or remedy under this the Indenture and such the proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such the Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallthen, subject to any determination in such the proceeding, the Company, the Subsidiary Guarantors, the Trustee and the Holders will be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Company, the Subsidiary Guarantors, the Trustee and each such Holder shall the Holders will continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Giant Industries Inc), Giant Industries Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 CompanyIssuer, the Guarantorany Guarantor (if applicable), the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Avalonbay Communities Inc, Indenture (Avalonbay Communities Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantoreach Guarantor (if applicable), the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Reconciliation And (Hunt J B Transport Services Inc), J.B. Hunt Transport, Inc.
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 CompanyApplicable Issuer, the Guarantorif such Security is a Guaranteed Security, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Wal Mart Cayman Sterling Finance Co, Wal Mart Cayman Sterling Finance Co
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 GuarantorGuarantor (if applicable), the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (ABB Finance (USA) Inc.), Indenture (Maiden Holdings North America, Ltd.)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 case, the Company, the Guarantor, the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Cit Group Inc, Cit Group Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceedingproceedings, the Issuer, the Company, the Subsidiary Guarantors, the Trustee, the Notes Collateral Agent and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had has been instituted.
Appears in 2 contracts
Samples: Supplemental Indenture (DIEBOLD NIXDORF, Inc), Senior Secured Notes Indenture (DIEBOLD NIXDORF, Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, the Securities or any Guarantee 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Issuer, any Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Supplemental Indenture (Boston Scientific Corp), Supplemental Indenture (American Medical Systems Europe B.V.)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any a proceeding to enforce any right or remedy under this the Indenture and such the proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such the Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallthen, subject to any determination in such the proceeding, the Company, the Subsidiary Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Company, the Subsidiary Guarantor, the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Radioshack Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Security or any Security Guarantee 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, each of the GuarantorGuarantors, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon any series of Securities 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Issuers, the Guarantors, if any, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Sun International Hotels LTD
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Security or any Guarantee 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 each Guarantor, if any, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Interface Inc
Restoration of Rights and Remedies. If the Trustee or ---------------------------------- any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Security or any Security Guarantee 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, each of the GuarantorGuarantors, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: MTL Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Security or any Guarantee 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, each of the GuarantorGuarantors, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Paging Network Do Brazil Sa
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this First Lien 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceedingproceedings, the Company, the Co-Obligor, the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had has been instituted.
Appears in 1 contract
Samples: Notes Indenture (WeWork Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, as applicable, the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (WPC Eurobond B.V.)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Trustee or to such Holder, then and in every such case the CompanyOperating Partnership, the GuarantorCo-Obligors, the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Sl Green Realty Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of a any Security or a Coupon 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, Holder of any Security then and in every such case the Company, the Guarantor, the Trustee and each such Holder the Holders of any Security 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 each such Holder Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: PNC Financial Services Group Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Trustee, the Securities Administrator, or to such Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, the Trustee, the Securities Administrator and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee Trustee, the Securities Administrator and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Mineracao Maraca Industria E Comercio S.A.)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Note or any Note Guarantee 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, each of the GuarantorGuarantors, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Saks Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Note or any Note Guarantee and such proceeding has been discontinued dis- continued or abandoned for any reason, or has been determined deter- mined adversely to the Trustee or to such Holder, then and in every such case the Company, the each Note Guarantor, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 CompanyOperating Partnership, the GuarantorGuarantor (if applicable), the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (American Campus Communities Operating Partnership LP)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Security or any Guarantee 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, each of the Guarantor, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Blue Bird Corp
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture or any Note 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 GuarantorGuarantors, if any, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Covenants (Railworks Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Note or the Guarantees, 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Issuer, the Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (VM Holding S.A.)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 case, subject to any determination in such proceeding, the Company, the Guarantor, the Trustee and each such Holder shall, subject to any determination in such proceeding, the Holders of Securities and Coupons shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Harley Davidson Inc)
Restoration of Rights and Remedies. If the ---------------------------------- Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Note or any Note Guarantee 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 each Note Guarantor, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Telegroup Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 then, and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, each of the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Company, each of the Guarantors, the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Dean Foods Co)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 case, subject to any determination in such proceeding, the Company, the Guarantor, the Trustee and each such Holder shall, subject to any determination in such proceeding, the Holders of SENs shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights rights, remedies and remedies powers of the Company, the Guarantor, the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Southern Peru LTD
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined deter mined adversely to the Trustee or to such Holder, then and in every such case the Company, any other obligor upon the GuarantorNotes, the Trustee and each such Holder the Holders shall, subject to any determination determina tion in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Us Office Products Co
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, any Note or any Note Guarantee and such proceeding has been discontinued dis- continued 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 each Note Guarantor, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Mettler Toledo Holding Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, the Trustee and each such Holder shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and -44- thereafter all rights and remedies of the Trustee and each such Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Old Kent Financial Corp /Mi/
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined deter mined adversely to the Trustee or to such Holder, then and in every such case the Company, any other obligor upon the GuarantorNotes, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Thermadyne MFG LLC
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 then, and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, the Parent Guarantor, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Company, the Parent Guarantor, the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Aon Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any a 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 Trustee or to such the Holder, then and in every such case the Company, the Guarantor, the Trustee and each such Holder shallthen, subject to any determination in such the proceeding, the Company, any Subsidiary Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Company, 103 any Subsidiary Guarantors, the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 then, and in every such case the Company, the Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Issuer, the Guarantors, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Issuer, the Guarantors, the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.. Indenture
Appears in 1 contract
Samples: Intercreditor Agreement (Global Crossing North America Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, the Trustee and each such Holder the Holders of Securities shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: CBS Corp
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, the Trustee and each such Holder the Holders of Securities and Coupons 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Health Care Property Investors Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 CompanyIssuer, the GuarantorGuarantor (if the Security is a Guaranteed Security), the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted. Section 510.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Tower Realty Trust Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Trustee, to such Holder, then and in every such case the Company, the Guarantor, the Trustee and 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 each such Holder shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Ace LTD
Restoration of Rights and Remedies. If the Trustee or ---------------------------------- any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture or any Note and such proceeding has been discontinued or abandoned for any reason, or has been determined deter mined adversely to the Trustee or to such Holder, then and in every such case the Company, any other obligor upon the GuarantorNotes, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Dynatech Corp
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security Debenture or a Coupon 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Debentures and Coupons shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (KFX Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon 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 Guarantor, the Trustee and each such Holder shallcase, subject to any determination in such proceeding, the Company, the Trustee and the Holders of Securities and Coupons shall be restored severally and respectively to their former positions hereunder, hereunder and thereafter all rights and remedies of the Trustee and each such Holder the Holders shall continue as though no such proceeding had has been instituted.
Appears in 1 contract
Samples: Indenture (Kirby Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of a Security or a Coupon has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, the Security Documents, the Securities or the Guarantees 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 CompanyIssuer, each of the GuarantorGuarantors, the Trustee and each such Holder the 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 each such Holder the Holders shall continue as though no such proceeding had been instituted.
Appears in 1 contract