Common use of Restoration of Rights on Abandonment of Proceedings Clause in Contracts

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 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 Company, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 7 contracts

Samples: Senior Indenture (Markel Corp), Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD), Senior Indenture (Alterra Finance LLC)

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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, subject to the Companydetermination in any such proceeding, the Guarantor Company and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Company, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 4 contracts

Samples: Indenture (Wellpoint Health Networks Inc /Ca/), Indenture (FMC Corp), Whirlpool Corp /De/

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, subject to the Companydetermination in any such proceeding, the Guarantor Issuer, Parent and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the CompanyIssuer, the GuarantorParent, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 4 contracts

Samples: Indenture (Whirlpool Corp /De/), Indenture (Whirlpool Emea Finance S.A R.L.), Indenture (Whirlpool Corp /De/)

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 CompanyIssuer, the Guarantor Guarantor, the Securities Administrator and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the CompanyIssuer, the Guarantor, the Trustee Trustee, the Securities Administrator and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 4 contracts

Samples: Indenture (Royal Bank of Scotland Group PLC), Indenture (Abn Amro Bank Nv), Indenture (Abn Amro Bank Nv)

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 Company, the Guarantor Guarantors, and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Company, the GuarantorGuarantors, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 4 contracts

Samples: Indenture (Reynolds American Inc), RJR Acquisition Corp, Rj Reynolds Tobacco Holdings Inc

Restoration of Rights on Abandonment of Proceedings. In case If 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 Company, the Guarantor Company and the Trustee Trustee, subject to the determination in any such proceeding, shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Company, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 2 contracts

Samples: Indenture (Fluor Corp), Indenture (Fluor Corp)

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 Company, the Guarantor Company and the Trustee shall be restored respectively restored, respectively, to their former positions and rights hereunder, and all rights, remedies and powers of the Company, the Guarantor, the Trustee and the Securityholders Holders shall continue as though no such proceedings had been taken.

Appears in 2 contracts

Samples: Indenture (Fidelity National Financial, Inc.), Indenture (F&G Annuities & Life, Inc.)

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Restoration of Rights on Abandonment of Proceedings. In case the Trustee for the Securities of any Series 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 and in every such case case, subject to the Companydetermination in any such proceeding, the Guarantor Corporation, 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 Company, the GuarantorCorporation, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 2 contracts

Samples: Usg Corp, Usg Corp

Restoration of Rights on Abandonment of Proceedings. In case the Trustee Trustees 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 TrusteeTrustees, then and in every such case the Company, the Guarantor Company and the Trustee Trustees shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Company, the Guarantor, the Trustee Trustees and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 1 contract

Samples: Kellogg Co

Restoration of Rights on Abandonment of Proceedings. In case the Trustee for the Securities or any Holder of any Series 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 Company, the Guarantor 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 Company, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 1 contract

Samples: Indenture (Oglethorpe Power Corp)

Restoration of Rights on Abandonment of Proceedings. In case the Trustee for the Securities of any Series 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 and in every such case case, subject to the determination in any such proceeding, the Company, the Guarantor Trustee and the Trustee Holders shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Company, the Guarantor, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

Appears in 1 contract

Samples: Dean Foods Co

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