Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 16 contracts
Samples: Indenture (Smurfit WestRock PLC), Supplemental Indenture (Smurfit WestRock PLC), Supplemental Indenture (Vantiv, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note 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, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 15 contracts
Samples: First Supplemental Indenture (Greenbrier Companies Inc), Indenture (Greenbrier Companies Inc), Indenture (Biomarin Pharmaceutical Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholder shall continue as though no such proceeding Proceeding had been instituted.
Appears in 14 contracts
Samples: Indenture (Golub Capital Private Credit Fund), Indenture (GOLUB CAPITAL BDC, Inc.), Indenture (Golub Capital BDC 3, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then then, and in every such case, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall Noteholders 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 the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 13 contracts
Samples: Indenture (LEAF Equipment Finance Fund 4, L.P.), Indenture (Resource America, Inc.), Lockbox Intercreditor Agreement (Resource America, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee, the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and Trustee, the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 10 contracts
Samples: Letter Agreement (Oportun Financial Corp), Letter Agreement (Oportun Financial Corp), Intercreditor Agreement (Oportun Financial Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Debentureholder 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 HolderDebentureholder, then and in every such casecase the Company, the Trustee and the Debentureholders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Debentureholders shall continue as though no such proceeding had been instituted.
Appears in 9 contracts
Samples: Indenture (Bankatlantic Bancorp Inc), Trust Indenture Agreement (SFG Mortgage & Investment Co Inc), Indenture (New York Community Bancorp Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 8 contracts
Samples: Dollar Indenture (JSG Acquisitions I), Senior Indenture (Valentia Telecommunications), Mezzanine Indenture (Waterford Wedgwood PLC)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 8 contracts
Samples: Indenture (APW Supermarkets, Inc.), Execution Copy (Firstworld Communications Inc), Indenture (McLeodusa Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, the Company, the Trustee and the Holders of Notes shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 8 contracts
Samples: Carramerica Realty Corp, Transwitch Corp /De, Carramerica Realty Corp
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceedingproceedings, the Issuer, the Trustee and the Holders of the Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of the Notes shall continue as though no such proceeding had has been instituted.
Appears in 8 contracts
Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Junior Subordinated Note 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, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Junior Subordinated Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Subordinated Note Indenture (Georgia Power Co), Southern Power Co, Gulf Power Co
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Issuer, Trustee and the Holders of Notes Noteholder shall continue as though no such proceeding Proceeding had been instituted.
Appears in 6 contracts
Samples: Indenture (NewStar Financial, Inc.), Indenture (NewStar Financial, Inc.), Indenture (NewStar Financial, Inc.)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall Noteholders continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Indenture (Charter Equipment Lease 1998-1 LLC), Indenture (Copelco Capital Funding LLC 2000-A), Indenture (Copelco Capital Receivables LLC)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 6 contracts
Samples: Indenture (Money Store Commercial Mortgage Inc), Oxford Resources Corp, Mellon Auto Receivables Corp
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 5 contracts
Samples: Base Indenture (Conns Inc), Base Indenture (Conns Inc), Base Indenture (Conns Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Co-Issuers, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholder shall continue as though no such proceeding Proceeding had been instituted.
Appears in 5 contracts
Samples: Indenture (Palmer Square Capital BDC Inc.), Supplemental Indenture (Garrison Capital Inc.), Indenture (JMP Group LLC)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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, subject to any determination in such proceeding, case the Issuer, the Trustee and the Holders of Notes shall 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 the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 5 contracts
Samples: Indenture (Corporate Realty Consultants Inc), Corporate Realty Consultants Inc, Corporate Realty Consultants Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderPerson who instituted the Proceeding, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had Proceeding has been instituted.
Appears in 5 contracts
Samples: Indenture (Iconix Brand Group, Inc.), Iconix Brand Group, Inc., Indenture (Candies Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 5 contracts
Samples: Contribution and Servicing Agreement (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note 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, subject to any determination in such proceeding, the Issuer, the Company, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 5 contracts
Samples: First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding to enforce any right or remedy under this Amended and Restated Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Company, the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Mge Energy Inc), Indenture (Madison Gas & Electric Co), Midamerican Energy Financing Ii
Restoration of Rights and Remedies. If the Trustee or any ---------------------------------- Holder of any Note 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 casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: McLeod Inc, McLeodusa Inc, McLeodusa Inc
Restoration of Rights and Remedies. If the Trustee or any ---------------------------------- Holder of any Note 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, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc), Cybernet Internet Services International Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Corporation, the Trustee and the Noteholders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 4 contracts
Samples: Indenture (Flushing Financial Corp), Indenture (Flushing Financial Corp), Indenture (State Bancorp Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder Noteholder of any Note the Senior Class of Notes has instituted any proceeding to enforce any right or remedy under this Indenture 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 casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had has been instituted.
Appears in 3 contracts
Samples: NPS Pharmaceuticals Inc, NPS Pharmaceuticals Inc, Indenture (Alkermes Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder holder of any a Note 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 Holderholder, then and in every such casecase the Company, the Trustee and the holders of Notes shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes holders shall continue as though no such proceeding had has been instituted.
Appears in 3 contracts
Samples: Indenture (Bank of America Corp /De/), Indenture (Bank of America Corp /De/), Bank of America Corp /De/
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been ben discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Versatel Telecom International N V), Indenture (Versatel Telecom International N V), Versatel Telecom International N V
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding Proceeding to enforce any right or remedy under this Indenture Agreement or any Series Supplement and such proceeding Proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 3 contracts
Samples: Master Indenture and Servicing Agreement (Wyndham Worldwide Corp), Master Indenture and Servicing Agreement (Cendant Corp), Master Indenture and Servicing Agreement (Cendant Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had has been instituted.
Appears in 3 contracts
Samples: Indenture (PLD Telekom Inc), Indenture (PLD Telekom Inc), Exhibit T3c (Envirosource Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Company, the Trustee and the Noteholders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 3 contracts
Samples: Indenture (Transtel S A), Hawthorne Financial Corp, Local Financial Corp /Nv
Restoration of Rights and Remedies. If the any Trustee or any Holder of any Note has shall have instituted any proceeding to enforce any right or remedy under this Indenture or under any other Credit Document and such proceeding has shall have been discontinued or abandoned for any reason, or has shall have been determined adversely to the Trustee or to such HolderTrustee, then and in every such casecase such Trustee, the Issuer and the holders of the Notes shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder or under any other Credit Document, and thereafter all rights and remedies of the such Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Trust Indenture and Security Agreement (Noble Drilling Corp), Trust Indenture and Security Agreement (Noble Drilling Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Rated 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 Trustee or to such HolderRated Noteholder, then and in every such casecase the Co-Issuers, the Trustee and the Rated Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Secured Parties shall continue as though no such proceeding Proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Northstar Realty), Indenture (Northstar Realty)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Junior Note 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 Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Junior Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Junior Notes shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Deposit Agreement (Marconi Corp PLC), Deposit Agreement (Marconi Corp PLC)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Notes of the Senior Class has instituted any proceeding to enforce any right or remedy under this Indenture 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 casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had has been instituted.
Appears in 2 contracts
Samples: Indenture (Morgan Stanley Aircraft Finance), Indenture (Aerco LTD)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note 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 casecase the Company, the Trustee and the Holders of Notes shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Level 3 Communications Inc, Level 3 Communications Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee Trustee, or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee, and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee Trustee, and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 2 contracts
Samples: Execution (Sutherland Asset Management Corp), Capitalsource Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has instituted any proceeding to enforce any right or remedy under this Indenture or any Subordinated 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 casecase Alderwoods, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Loewen Group International Inc), Alderwoods Group Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note 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, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (BMB Munai Inc), Indenture (BMB Munai Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and such Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholder shall continue as though no such proceeding Proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Monroe Capital Income Plus Corp), Indenture (Monroe Capital Income Plus Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Fidelity Leasing Inc), Indenture (Fidelity Leasing Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Company, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had Proceeding has been instituted.
Appears in 2 contracts
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 casecase the Issuer, the Guarantor, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes 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 any Note Notes has instituted any proceeding to enforce any right or remedy under this Indenture 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 casecase the Issuer, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had has been instituted.
Appears in 2 contracts
Samples: Trust Indenture (Babcock & Brown Air LTD), Trust Indenture (Genesis Lease LTD)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Senior Note 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 Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Senior Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Senior Notes shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Deposit Agreement (Marconi Corp PLC), Deposit Agreement (Marconi Corp PLC)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note 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 casecase the Company, the Trustee and each such Holder shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes 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 any Note Notes of the Senior Class has instituted any proceeding to enforce any right or remedy under this Indenture 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 casecase the Issuer, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had has been instituted.
Appears in 2 contracts
Samples: Trust Indenture (Avolon Holdings LTD), Trust Indenture (AerCap Holdings N.V.)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note 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 casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Collins & Aikman Corp, Indenture (Collins & Aikman Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note 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 casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the such Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 2 contracts
Samples: Indenture (Terex Corp), Indenture (Terex Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then (and in every such case) the Issuer, the Trustee, and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Redwood Trust Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Secured 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 casecase the Issuer, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had has been instituted.
Appears in 1 contract
Samples: Pride International Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Guarantors, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Wolverine Tube Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 HolderNoteholder, then and in every such casecase the Issuer, the Indenture Trustee, the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Samples: Oportun Financial Corp
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee, the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and Trustee, the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.. 72 4140-8886-1733.4
Appears in 1 contract
Samples: Oportun Financial Corp
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Americredit Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Co-Issuers, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Samples: Substitution; Hedge Agreement (CBRE Realty Finance Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Asset Investors Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the IssuerTrust, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall Noteholders 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 any Note 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 Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted. SECTION 6.12.
Appears in 1 contract
Samples: Ameristar Casinos Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Senior 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 casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had has been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 casecase the Issuer, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Anchor Holdings Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has shall have instituted any proceeding to enforce any right or remedy under this Indenture or under any other Security Document and such proceeding has shall have been discontinued or abandoned for any reason, or has shall have been determined adversely to the Trustee or to such HolderTrustee, then and in every such casecase such Trustee, the Issuer and the Owners of the Notes shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder or under any Security Document, and thereafter all rights and remedies of the such Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Castle Brands Inc
Restoration of Rights and Remedies. If the Trustee or any Holder holder of any Note Convertible Subordinated 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 Holderholder, then and in every such casecase the Company, the Trustee and the holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes holders shall continue as though no such proceeding had has been instituted.
Appears in 1 contract
Samples: Indenture (Doubleclick Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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, subject to any determination in such proceeding, the Issuereircom Funding, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes 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 any a Note has instituted any proceeding to enforce any right or remedy under this Indenture or under 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 Trustee and the Holders of such Notes shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the such Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Trust Indenture (Bce Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Company, the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted. Section 8.11.
Appears in 1 contract
Samples: Madison Gas & Electric Co
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 reasonabandoned, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceed ing, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Samples: Dyncorp
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note ---------------------------------- 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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, subject to any determination in such proceeding, the Issuer, any Guarantor, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Senior Indenture (Head Nv)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has the Noteholders have 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 Trustee or to such Holderthe Noteholders, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Samples: Gehl Co
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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, subject to any determination in such proceeding, the Issuer, the Guarantors, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Avery Berkel Holdings LTD
Restoration of Rights and Remedies. If the Owner Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Samples: Fleetwood Credit Receivables Corp
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note 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, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the such Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (American Greetings Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Noteholder has instituted any proceeding to enforce any right or remedy under this Indenture Guarantee and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the IssuerGuarantor, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Guarantee (Midas Gold Corp.)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Debentureholder 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 HolderDebentureholder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes Debentureholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes Debentureholders 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 any Note 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, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or ----------------------------------- any Holder of any Note 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 casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had has been instituted.
Appears in 1 contract
Samples: Envirosource Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note 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, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights BACK and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Cenveo, Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder Noteholder of any Note the Notes has instituted any proceeding to enforce any right or remedy under this Indenture Indenture, and such proceeding has been discontinued or abandoned for any reason, reason or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had has been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or ----------------------------------- any Holder of any Note 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, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Samples: Pledge and Servicing Agreement (Fairfield Communities Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Senior 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 casecase the Company, the Guarantors, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had has been instituted.
Appears in 1 contract
Samples: Indenture (Hvide Marine Inc)
Restoration of Rights and Remedies. If the any Trustee or any Holder of any Note has shall have instituted any proceeding to enforce any right or remedy under this Indenture or under any other Project Document and such proceeding has shall have been discontinued or abandoned for any reason, or has shall have been determined adversely to the Trustee or to such HolderTrustee, then and in every such casecase such Trustee, the Issuer and the holders of the Notes shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder or under any other Project Document, and thereafter all rights and remedies of the such Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Trust Indenture and Security Agreement (R&b Falcon Corp)
Restoration of Rights and Remedies. If the -------------------------------------- Trustee or any Holder of any Note 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 any, reason, or has been determined adversely to the Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Secured Parties shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Samples: Aon Corp
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been ben discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the IssuerCompany, the 77 69 Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Versatel Telecom Bv
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Note 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 casecase the Issuer, the Guarantor, the Trustee and each such Holder shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes each such Holder 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 any Note 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 casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Azteca Holdings Sa De Cv)
Restoration of Rights and Remedies. If the Trustee or any Holder of any a Senior Note 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, subject to any determination in such proceeding, the IssuerCompany, the Trustee and the Holders of Senior Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Note Trustee or any Holder of any Note 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 Note Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Issuer, the Guarantors, the Note Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Note Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.. ARTICLE SEVEN
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Debentureholder 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 HolderDebentureholder, then and in every such casecase the Company, the Trustee and the Debentureholders shall, subject to any determination in such proceedingproceedings, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Debentureholders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Nibco Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has shall have instituted any proceeding to enforce any right or remedy under this Indenture Agreement or under any other Financing Document and such proceeding has shall have been discontinued or abandoned for any reason, or has shall have been determined adversely to the Trustee or to such HolderTrustee, then and in every such casecase the Trustee, the Obligors and the Noteholders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder under this Agreement and under the other Financing Documents, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Master Collateral and Security Agreement (Tultex Corp)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has shall have instituted any proceeding to enforce any right or remedy under this Indenture or under any other Security Document and such proceeding has shall have been discontinued or abandoned for any reason, or has shall have been determined adversely to the Trustee or to such HolderTrustee, then and in every such casecase the Trustee, the Issuer and the holders of the Secured Obligations shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder or under any other Security Document, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: And Assignment Agreement (Madison Gas & Electric Co)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note Convertible 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 casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (Usn Communications Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuer, the Trustee and the Noteholders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Oakwood Homes Corp
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Issuers, the Trustee and the Noteholder shall, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes Noteholders shall continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Samples: Enron International Cpo Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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, subject to any determination in such proceedingproceedings, the Issuer, the Guarantors, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had has been instituted.
Appears in 1 contract
Restoration of Rights and Remedies. If the Trustee or any ---------------------------------- Holder of any Note Convertible 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 casecase the Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Indenture (United Usn Inc)
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such casecase the Co-Issuers, the Trustee and the Noteholder will, subject to any determination in such proceedingProceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall Noteholder will continue as though no such proceeding Proceeding had been instituted.
Appears in 1 contract
Samples: Blackstone Private Credit Fund
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note has instituted any proceeding to enforce any right or remedy under -47- 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, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Fresenius Medical Care AG & Co. KGaA
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Company, the Trustee and the Holders shall, subject to any determination in such proceeding, the Issuer, the Trustee and the Holders of Notes shall be restored severally and respectively to their former positions hereunder hereunder, and thereafter all rights and remedies of the Trustee and the Holders of Notes shall continue as though no such proceeding had been instituted.
Appears in 1 contract
Samples: Stuart Entertainment Inc
Restoration of Rights and Remedies. If the Trustee or any Holder of any Note 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 Trustee or to such HolderNoteholder, then and in every such case, subject to any determination in such proceeding, the IssuerBorrower, the Trustee and the Holders of Notes Noteholders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders of Notes shall Noteholders continue as though no such proceeding had been instituted.
Appears in 1 contract
