Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 153 contracts
Samples: Indenture (Hawaiian Electric Industries Inc), Indenture (Loop Media, Inc.), Indenture (Shapeways Holdings, Inc.)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Holder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the TrusteeTrustee or to such Holder, then then, and in every such case case, the Issuer Company, the Trustee and the Trustee Holders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 21 contracts
Samples: Indenture (Great Plains Energy Inc), Indenture (Kansas City Power & Light Co), Indenture (KCPL Financing Ii)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this the Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 16 contracts
Samples: Indenture (Intuit Inc), Intuit (Intuit Inc), Indenture (Trinet Group, Inc.)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders and any rights of holders of Capital Securities to institute a Direct Action shall continue as though no such proceedings had been taken.
Appears in 13 contracts
Samples: Indenture (Morgan Stanley Capital Trust XI), Morgan Stanley Capital Trust XI, Indenture (Morgan Stanley Capital Trust VIII)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Issuer, the Guarantor and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 13 contracts
Samples: Senior Indenture (Enstar Finance LLC), Indenture (Enstar Finance LLC), Senior Indenture (Enstar Finance LLC)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Issuer, the Guarantor and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 11 contracts
Samples: Indenture (Axis Capital Holdings LTD), Indenture (AXIS Specialty Finance LLC), Indenture (AXIS Specialty Finance LLC)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Holder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the TrusteeTrustee or such Holder, then and in every such case the Issuer and Issuer, the Trustee and such Holder shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 10 contracts
Samples: Indenture (Smith & Nephew PLC), Indenture (Nokia Corp), Indenture (Nokia Corp)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Company and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders Noteholders shall continue as though no such proceedings had been taken.
Appears in 10 contracts
Samples: Indenture (Fidelis Insurance Holdings LTD), Indenture (Fidelis Insurance Holdings LTD), Indenture (Watford Holdings Ltd.)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Company, the Trustee and the Trustee Securityholders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 9 contracts
Samples: Aircraft Second Mortgage and Security Agreement (Trans World Airlines Inc /New/), Aircraft Mortgage and Security Agreement (Trans World Airlines Inc /New/), License Agreement (Trans World Airlines Inc /New/)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee for the Securities of any Series shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Company and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 9 contracts
Samples: Indenture (Kellanova), Indenture (Joy Global Inc), Joy Global Inc
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture Agreement and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Company and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 9 contracts
Samples: Contingent Value Rights Agreement, Contingent Value Rights Agreement (Aclara Biosciences Inc), Contingent Value Rights Agreement (Aclara Biosciences Inc)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee for the Securities of any Series shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case case, the Issuer Company and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 9 contracts
Samples: MidWestOne Financial Group, Inc., Alerus Financial Corp, MidWestOne Financial Group, Inc.
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Company and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 9 contracts
Samples: Quadramed Corp, Satisfaction And (Enhance Financial Services Group Inc), Indenture (Healthsouth Corp)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 8 contracts
Samples: Indenture (Air Products & Chemicals Inc /De/), Lightning eMotors, Inc., Indenture (Boardwalk Pipeline Partners, LP)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case (subject to any determination in such proceeding) the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 8 contracts
Samples: Indenture (Par Technology Corp), Indenture (Intercept Pharmaceuticals, Inc.), Security Agreement (Intercept Pharmaceuticals, Inc.)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Holder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the TrusteeTrustee or to such Holder, then then, and in every such case case, the Issuer Issuer, the Trustee and the Trustee Holders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 8 contracts
Samples: Indenture (CMS Energy Trust Ii), Indenture (Laclede Capital Trust I), Indenture (CMS Energy Corp)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 7 contracts
Samples: Indenture (Trans World Gaming Corp), Indenture (Trans World Gaming Corp), Indenture (Allstate Financial Corp /Va/)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or Holder shall have proceeded to enforce any right under this Indenture Agreement and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the TrusteeTrustee or to such Holder, then and in every such case the Issuer Company and the Trustee and the Holder shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Eaton Corp), Contingent Payment Rights Agreement (Fusion Systems Corp), Payment Rights Agreement (Fusion Systems Corp)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Securityholder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the TrusteeTrustee or to such Securityholder, then and in every such case case, subject to any determination in such proceeding, the Issuer Issuer, the Trustee and the Trustee Securityholders shall be restored severally and respectively to their former positions and rights hereunder, and thereafter all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 7 contracts
Samples: Indenture (Freeport McMoran Copper & Gold Inc), Freeport McMoran Copper & Gold Inc, McMoran Exploration Co /De/
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Issuer, any Cable Guarantors and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, any Cable Guarantors, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 6 contracts
Samples: Indenture (Comcast Cable Communications LLC), Indenture (Comcast Cable Communications Inc), Comcast Corp
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Issuer, the Guarantor, the Trustee and the Trustee Securityholders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 6 contracts
Samples: Newmont (Newmont Mining Corp /De/), Article Nine Satisfaction And (Newmont Mining Corp /De/), Newmont (Newmont Usa LTD)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Holder of any Security shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the TrusteeTrustee or to such Holder, then and in every such case the Issuer Issuer, the Trustee and the Trustee Holders of Securities shall be restored severally and respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 6 contracts
Samples: Exelon Corp, Indenture (Commonwealth Edison Co), Indenture (Exelon Generation Co LLC)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Republic and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerRepublic, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 5 contracts
Samples: First Supplemental Indenture (Republic of Colombia), Terms And (Peru Republic Of), First Supplemental Indenture (Republic of Chile)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Issuer, the Guarantor and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Guarantor, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 5 contracts
Samples: Indenture (Leidos Holdings, Inc.), Leidos, Inc., Leidos Holdings, Inc.
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Holder shall have proceeded to enforce any right under this Indenture Agreement and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the TrusteeTrustee or to such Holder, then and in every such case the Issuer Parent and the Trustee and the Holders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerParent, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 4 contracts
Samples: Contingent Value Rights Agreement (Cubist Pharmaceuticals Inc), Contingent Value Rights Agreement (Cubist Pharmaceuticals Inc), Contingent Value Rights Agreement (Cubist Pharmaceuticals Inc)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 4 contracts
Samples: Indenture (Bank of America Corp /De/), Indenture (Abn Amro Bank Nv), Abn Amro Bank Nv
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then then, and in every such case case, the Issuer Republic and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerRepublic, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 4 contracts
Samples: Indenture (Republic of Indonesia), Terms and Conditions (Republic of Indonesia), Satisfaction And (Republic of Argentina)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Debt Securityholders shall continue as though no such proceedings had been taken.
Appears in 4 contracts
Samples: Indenture (Financial Security Assurance Holdings LTD/Ny/), Trust Indenture (Financial Security Assurance Holdings LTD/Ny/), Trust Indenture (Financial Security Assurance Holdings LTD/Ny/)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Holder shall have proceeded to enforce any right under this Indenture Agreement and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the TrusteeTrustee or to such Holder, then and in every such case the Issuer Company and the Trustee and the Holders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 4 contracts
Samples: Stock and VSR Purchase Agreement (Mafco Consolidated Group Inc), Rights Agreement (Baxter International Inc), Contingent Payment Rights Agreement (Somatogen Inc)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case IRSA, the Issuer Holders and the Trustee shall shall, subject to applicable law, be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerIRSA, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 3 contracts
Samples: Indenture (Cresud Inc), Indenture (Irsa Investments & Representations Inc), Indenture (Irsa Investments & Representations Inc)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Holder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the TrusteeTrustee or such Holder, then and in every such case the Issuer Company, the Trustee and the Trustee Holders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 3 contracts
Samples: Indenture (Frontier Communications Corp), Indenture (Frontier Communications Corp), Frontier Communications Corp
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Company, the Guarantor[s] and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Guarantor[s], the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 3 contracts
Samples: Indenture (Discovery Communications, LLC), Indenture (Discovery Communications, LLC), Indenture (Discovery Communications, LLC)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Issuer, the Guarantors and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Guarantors, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 3 contracts
Samples: Senior Indenture (Bank of America Corp /De/), Abn Amro Bank Nv, Abn Amro Bank Nv
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Company, the Trustee and the Trustee Noteholders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders Noteholders shall continue as though no such proceedings had been taken.
Appears in 3 contracts
Samples: Indenture (American Airlines Inc), Security Agreement (Continental Airlines Inc /De/), Indenture (Krug International Corp)
Restoration of Rights on Abandonment of Proceedings. In case --------------------------------------------------- the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 3 contracts
Samples: Indenture (Dow Chemical Co /De/), Household International Inc, Vishay Intertechnology Inc
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then then, and in every such case case, the Issuer Issuer, the Guarantor and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Guarantor, the Trustee and the Securityholders Noteholders shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Samples: Indenture (Aerial Communications Inc), Indenture (American Portable Telecom Inc)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Company, the Holders and the Trustee shall shall, subject to applicable law, be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders Noteholders shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Samples: Grupo Financiero Galicia Sa, Grupo Financiero Galicia Sa
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or Holder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the TrusteeTrustee or such Holder, then and in every such case the Issuer Issuer, the Trustee and the Trustee Holders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Samples: Indenture (Greenlight Capital Re, Ltd.), Senior Indenture (Greenlight Capital Re, Ltd.)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this the Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Company and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Samples: Palo Alto Networks Inc, Palo Alto Networks Inc
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this the Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Issuer, each Guarantor and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, each Guarantor, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such arbitration, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Republic and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerRepublic, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Samples: Federative Republic of Brazil, Federative Republic of Brazil
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Province and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerProvince, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Samples: Indenture, static1.squarespace.com
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then then, and in every such case case, the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Samples: Indenture (United States Cellular Corp), Premark International Inc
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerIs- xxxx, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.. Section 5.6
Appears in 2 contracts
Samples: Indenture (New Tenneco Inc), New Tenneco Inc
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Issuer, the Guarantor and the Trustee shall shall, subject to any determination in such proceeding, be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Samples: Subordinated Indenture (Argo Group Us, Inc.), Senior Indenture (Argo Group Us, Inc.)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Holder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Issuer, the Trustee and the Trustee Holders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Samples: Becton Dickinson & Co, Cardinal Health Inc
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.of
Appears in 2 contracts
Samples: Indenture (Lubrizol Corp), Indenture (Lubrizol Corp)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Company and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Samples: Indenture (Telefonica of Argentina Inc), New Millennium Homes LLC
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Holder of a series of Notes shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the TrusteeTrustee or such Holder, then and in every such case the Issuer Company, the Trustee and the Trustee Holders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Samples: Eastman Chemical Co, Eastman Chemical Co
Restoration of Rights on Abandonment of Proceedings. In --------------------------------------------------- case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Issuer, the Guarantor, the Trustee and the Trustee Securityholders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Samples: Newmont Gold Co, Newmont Gold Co
Restoration of Rights on Abandonment of Proceedings. In --------------------------------------------------- case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Samples: Indenture (Weyerhaeuser Co), Indenture (Hei Preferred Funding L P)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right of Holders of Notes under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Issuer, the Guarantor and the Trustee Trustee, subject to such determination, shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Guarantor, the Trustee and the Securityholders holders of Notes shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Samples: PCCW LTD, Indenture (PCCW LTD)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Subordinated Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Company and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Samples: Subordinated Indenture (Quadramed Corp), Healthsouth Corp
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Issuer, the Trustee and the Trustee Securityholders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Samples: Indenture (Universal Health Realty Income Trust), Indenture (Universal Health Services Inc)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case APSA, the Issuer Holders and the Trustee shall shall, subject to applicable law, be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerAPSA, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Alto Palermo Sa Apsa
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders holders of Securities shall continue as though no such proceedings had been taken.
Appears in 1 contract
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Securityholder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the TrusteeTrustee or to such Securityholder, then and in every such case the Issuer and the Trustee shall be restored respectively case, subject to their former positions and rights hereunderany determination in such proceeding, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.be restored severally and respectively to their former positions
Appears in 1 contract
Samples: Chancellor Media Corp/
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Holder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the TrusteeTrustee or such Holder, then and in every such case the Issuer and Issuer, the Trustee and such Holder shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders Noteholders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: www.imperialbrandsplc.com
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Company, the Guarantor and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Discovery Communications, Inc.
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies xxxxxxxx and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Itt Corp /Nv/
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders Security holders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Conagra Foods Inc /De/
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Issuer, each of the Guarantors and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, each of the Guarantors the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Indenture (Sheraton Holding Corp)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this the Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Issuer, each Guarantor and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, each Guarantor, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.. 35
Appears in 1 contract
Samples: Comcast Corp
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Company and the Trustee shall be restored be, subject to applicable law, returned respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders Noteholders shall continue as though no such proceedings had have been taken.
Appears in 1 contract
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined Table of Contents adversely to the Trustee, then and in every such case the Issuer Company and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Telefonica of Argentina Inc
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Republic and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerRepublic, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been takeninstituted.
Appears in 1 contract
Samples: sec.report
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings proceeding shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings proceeding had been taken.
Appears in 1 contract
Samples: Transcanada Pipelines LTD
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture Agreement and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Partnership and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerPartnership, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Contingent Value Interests Agreement (KKR & Co. L.P.)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this the Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Issuer, the Guarantor and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Guarantor, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: SAIC, Inc.
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then than and in every such case the Issuer and the Trustee shall be restored be, subject to applicable law returned respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders Noteholders shall continue as though no such proceedings had have been taken.
Appears in 1 contract
Samples: Indenture (Metrogas Inc)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, reason or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders holders of Securities shall continue as though no such proceedings had been taken.
Appears in 1 contract
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture or the Security Documents and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunderhereunder and under the Security Documents, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders Noteholders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture or the Security Documents and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders Noteholders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Indenture (Bradlees Stores Inc)
Restoration of Rights on Abandonment of Proceedings. In case --------------------------------------------------- the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Amerenenergy Generating Co
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Bank, the Holders and the Trustee shall shall, subject to applicable law, be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerBank, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Indenture (Macro Bank Inc.)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.former
Appears in 1 contract
Samples: Rubbermaid Inc
Restoration of Rights on Abandonment of Proceedings. β In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Province and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerProvince, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been takeninstituted.
Appears in 1 contract
Samples: static1.squarespace.com
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Issuer, each of the Guarantors and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, each of the Guarantors, the Trustee and the Securityholders Senior Noteholders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Indenture (Triarc Companies Inc)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer the Trustee and the Trustee Securityholders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Newmont Mining Corp
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case case, the Issuer Company, the Holders and the Trustee shall shall, subject to applicable law, be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Indenture (Cresud Inc)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders holders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Air Products And (Air Products & Chemicals Inc /De/)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall shall, subject to any determination in such proceeding, be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Corporation and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCorporation, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Time Warner Inc
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been takentaken .
Appears in 1 contract
Samples: Indenture (Tyme Technologies, Inc.)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been finally determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Indenture (Freeport McMoran Resource Partners Limited Partnership)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Holder shall have proceeded instituted any proceeding to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the TrusteeTrustee or to such Holder, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Chubb Capital Trust Iii
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer Company, the Guarantors and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the IssuerCompany, the Guarantors, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Restoration of Rights on Abandonment of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders Security Holders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Indenture (Timken Co)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Holder shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the TrusteeTrustee or such Holder, then and in every such case the Issuer and Issuer, the Guarantor, the Trustee and such Holder shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Indenture (Astrazeneca PLC)
