Common use of Restoration to Former Position Clause in Contracts

Restoration to Former Position. In the event that any proceeding taken by the Trustee to enforce any right under this Indenture shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then the Issuer, the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, and all rights, remedies and powers of the Trustee shall continue as though no such proceeding had been taken.

Appears in 5 contracts

Samples: Loan Agreement (Navistar International Corp), Indenture of Trust (Green Plains Renewable Energy, Inc.), First Supplemental Trust Indenture (Enron Corp/Or/)

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Restoration to Former Position. In the event that any proceeding taken by the Trustee to enforce any right under this Indenture shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then the IssuerAuthority, the Trustee and the Owners of Bonds shall be restored restored, subject to any determination in such proceeding, to their former positions and rights hereunder, respectively, and all rights, remedies and powers of the Trustee shall continue as though no such proceeding had been taken.

Appears in 2 contracts

Samples: Indenture of Trust (Tucson Electric Power Co), Indenture of Trust (Tucson Electric Power Co)

Restoration to Former Position. In the event that any proceeding taken by the Trustee to enforce any right under this Indenture shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then the IssuerPollution Control Corporation, the Trustee and the Owners of Bonds shall be restored restored, subject to any determination in such proceeding, to their former positions and rights hereunder, respectively, and all rights, remedies and powers of the Trustee shall continue as though no such proceeding had been taken.

Appears in 2 contracts

Samples: Indenture of Trust (Tucson Electric Power Co), Indenture of Trust (Tucson Electric Power Co)

Restoration to Former Position. In the event that any proceeding taken by the Trustee to enforce any right under this Indenture shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then the Issuer, the Trustee Trustee, the Bank, the Borrower and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, and all rights, remedies and powers of the Trustee shall continue as though no such proceeding had been taken.

Appears in 2 contracts

Samples: Trust Indenture (First United Ethanol LLC), Trust Indenture (First United Ethanol LLC)

Restoration to Former Position. In the event that any proceeding taken by the Trustee to enforce any right under this Indenture Trust Agreement shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then the IssuerCity, the Trustee and the Owners of Bonds Bondholders shall be restored to their former positions and rights hereunder, respectively, and all rights, remedies and powers of the Trustee shall continue as though no such proceeding had been taken.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

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Restoration to Former Position. In the event that any proceeding taken by the Trustee to enforce any right under this Indenture shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then the IssuerAuthority, the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, and all rights, remedies and powers of the Trustee shall continue as though no such proceeding had been taken.

Appears in 1 contract

Samples: Loan Agreement (Navistar International Corp)

Restoration to Former Position. In the event that any proceeding taken by the Trustee to enforce any right under this Indenture shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every case the Issuer, the Trustee and the Owners of the Bonds shall be restored to their former positions and rights hereunder, respectively, and all rights, remedies and powers of the Trustee shall continue as though no such proceeding had been taken.

Appears in 1 contract

Samples: Indenture of Trust (El Paso Electric Co /Tx/)

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