Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Holder shall have proceeded to enforce any right under this CVR Agreement and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee or to such Holder, then and in every such case the 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 Company, the Trustee and the Holders shall continue as though no such proceedings had been taken.
Appears in 23 contracts
Samples: Assignment and Assumption Agreement (Cartesian Therapeutics, Inc.), Agreement and Plan of Merger (Selecta Biosciences Inc), Rights Agreement
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Holder shall have proceeded to enforce any right under this CVR Agreement and such proceedings shall shall, subject to any determination in such proceeding, have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee or to such Holder, then and in every such case the 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 Company, the Trustee and the Holders shall continue as though no such proceedings had been taken.
Appears in 4 contracts
Samples: Contingent Value Rights Agreement (Bristol Myers Squibb Co), Contingent Value Rights Agreement (Bristol Myers Squibb Co), Contingent Value Rights Agreement (Bristol Myers Squibb Co)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Holder shall have proceeded to enforce any right under this CVR Agreement and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee or to such Holder, then and in every such case the Company 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 CompanyParent, the Trustee and the Holders shall continue as though no such proceedings had been taken.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Grail, LLC), Agreement and Plan of Merger (Grail, LLC), Agreement and Plan of Merger (Illumina, Inc.)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee Rights Agent or any Holder shall have proceeded to enforce any right under this CVR Agreement and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee Rights Agent or to such Holder, then and in every such case the Company and the Trustee Rights Agent and the Holders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Company, the Trustee Rights Agent and the Holders shall continue as though no such proceedings had been taken.
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (Sirius International Insurance Group, Ltd.), Contingent Value Rights Agreement (Third Point Reinsurance Ltd.)
Restoration of Rights on Abandonment of Proceedings. In case the Trustee or any Holder shall have proceeded to enforce any right under this CVR Agreement and such proceedings shall shall, subject to any determination in such proceeding, have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee or to such Holder, then and in every such case the Company 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 CompanyParent, the Trustee and the Holders 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 Rights Agent or any Holder shall have proceeded to enforce any right under this CVR Agreement and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee Rights Agent or to such Holder, then and in every such case the Company and the Trustee Rights Agent and the Holders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Company, the Trustee Rights Agent and the Holders shall continue as though no such proceedings had been taken.. SECTION 8.6
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Third Point Reinsurance Ltd.)
Restoration of Rights on Abandonment of Proceedings. In --------------------------------------------------- case the Trustee or any Holder shall have proceeded to enforce any right under this CVR Agreement and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee or to such Holder, then and in every such case the Company Buyer 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 CompanyBuyer, the Trustee and the Holders 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 Holder shall have proceeded to enforce any right under this CVR Agreement and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee or to such Holder, then and in every such case the Company Buyer 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 CompanyBuyer, the Trustee and the Holders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Hewlett Packard Erste Vermogensverw U Beteiligungsges MBH)
Restoration of Rights on Abandonment of Proceedings. In case the CVR Trustee or any Holder shall have proceeded to enforce any right under this CVR Agreement and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the CVR Trustee or to such Holder, then and in every such case the Company and the CVR Trustee and the Holders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Company, the CVR Trustee and the Holders shall continue as though no such proceedings had been taken.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Yin Jia Investments LTD)
