Discontinuance of Proceedings definition

Discontinuance of Proceedings. To the extent permitted by applicable Legal Requirements, in case Trustee or Beneficiary, as the case may be, shall have proceeded to invoke any right, remedy or recourse permitted under the Loan Documents and shall thereafter elect to discontinue or abandon same for any reason, Trustee or Beneficiary, as the case may be, shall have the unqualified right so to do and, in such an event, Grantor, Trustee and Beneficiary shall be restored to their former positions with respect to the Loan Documents, the Mortgaged Property and otherwise, and the rights, remedies, recourses and powers of Trustee and Beneficiary shall continue as if same had never been invoked. _ Application of Proceeds: To the extent permitted by applicable Legal Requirements, all proceeds received from the sale or other dispositions of the Mortgaged Property, including but not limited to, the Rents and other income generated by the holding, leasing, operating or other use of the Mortgaged Property, pursuant to Article 6 of this Deed of Trust shall be applied by the Trustee and/or Beneficiary (or the receiver, if one is appointed), as applicable, to the extent that funds are so available therefrom, in accordance with the following priorities: First: to the costs and expenses of the sale or possession of the Mortgaged Property including the Trustee's or receiver's reasonable fee or commission, if any, title and abstracting charges, reasonable attorneys' fees and a reasonable auctioneer's fee if such expense has been incurred;

Examples of Discontinuance of Proceedings in a sentence

  • Effect of Discontinuance of Proceedings ............................................

  • Section 9.1. Events of Default 85 Section 9.2. Remedies on Default 86 Section 9.3. Remedies Cumulative 87 Section 9.4. No Additional Waiver Implied by One Waiver 88 Section 9.5. Effect on Discontinuance of Proceedings 88 Section 9.6. Agreement to Pay Fees and Expenses of Attorneys and Other Consultants.

  • Discontinuance of Proceedings 46 Article VIII Indemnification 46 Section 8.01.

  • DEFAULT AND FORECLOSURE 7 4.1 Remedies 7 4.2 Separate Sales 8 4.3 Remedies Cumulative, Concurrent and Nonexclusive 8 4.4 Release of and Resort to Collateral 8 4.5 Waiver of Redemption, Notice and Marshalling of Assets 8 4.6 Discontinuance of Proceedings 8 4.7 Application of Proceeds 8 4.8 Occupancy After Foreclosure 9 4.9 Protective Advances and Disbursements; Costs of Enforcement 9 4.10 No Mortgagee in Possession 9 5.

  • Discontinuance of Proceedings by Trustee.........................

  • Section 9.1. Events of Default 76 Section 9.2. Remedies 78 Section 9.3. Rights of Set-Off 80 Section 9.4. Remedies Cumulative, Concurrent and Non-Exclusive 80 Section 9.5. No Conditions Precedent to Exercise Remedies 80 Section 9.6. Release of and Resort to Collateral 81 Section 9.7. Waivers 81 Section 9.8. Discontinuance of Proceedings 81 Section 9.9. Power of Attorney 82 Section 9.10.

  • Discontinuance of Proceedings on Indenture Event of Default; Position of Parties Restored 45 Section 5.10.

  • Form 6Notice of Discontinuance of Proceedings ..........................

  • Section 8.5. No Additional Waiver Implied by One Waiver lxxxi Section 8.6. Effect on Discontinuance of Proceedings lxxxi Section 8.7. Agreement to Pay Fees and Expenses of Attorneys and Other Consultants lxxxi Section 8.8. Certain Continuing Representations lxxxi Section 8.9. Late Delivery Fees.

  • Discontinuance of Proceedings on Indenture Event of Default; Position of Parties Restored 35 Section 7.09.

Related to Discontinuance of Proceedings

  • winding-up proceedings means collective proceedings involving realisation of the assets and distribution of the proceeds among the creditors, shareholders or members as appropriate, which involve any intervention by administrative or judicial authorities, including where the collective proceedings are terminated by a composition or other analogous measure, whether or not they are founded on insolvency or are voluntary or compulsory;

  • Informal proceedings means proceedings for probate of a will or appointment of a personal representative conducted by the probate register without notice to interested persons.

  • criminal proceedings means criminal proceedings in relation to which the strict rules of evidence apply;

  • Formal proceedings means proceedings conducted before a judge with notice to interested persons.

  • Legal Proceedings means any actions, suits, investigations, proceedings, judgments, rulings or orders by or before any Authorized Authority;

  • CCAA Proceedings means the proceedings commenced by the Applicant under the CCAA as contemplated by the Initial Order;

  • Proceedings means any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration.

  • Action or Proceeding means any lawsuit, proceeding, arbitration or other alternative resolution process, Governmental Authority investigation hearing, audit, appeal, administrative proceeding or judicial proceeding.

  • Bond proceedings means, collectively, this Resolution, the Certificate of Award, the Continuing Disclosure Agreement, the Registrar Agreement, the Purchase Agreement, and such other proceedings of the Board, including the Bonds, that provide collectively for, among other things, the rights of holders and beneficial owners of the Bonds.

  • Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any

  • ADR Proceeding means either an Arbitration or a Mediation.

  • civil proceedings means any proceedings in or before any court or tribunal that are not criminal proceedings;

  • Environmental Proceedings means any judicial or administrative proceedings arising from or in any way associated with any Environmental Requirement.

  • Criminal proceeding means a proceeding instituted by means of the swearing of an information, the laying of a charge or the return of an indictment, before a Court of competent jurisdiction in Canada with jurisdiction to hear and determine the charges referred to therein, alleging or charging that the "Insured" has contravened the provisions of any Provincial or Federal statute, including the Criminal Code, R.S.C. 1985 ch. C-46 as amended, which creates an offence or crime and which provides for conviction thereunder, whether by way of summary conviction or indictment, and as a result of which the "Insured" is liable to be convicted, fined or sentenced to some form of imprisonment or other punishment.

  • Actions or Proceedings means any action, suit, proceeding, arbitration or Governmental or Regulatory Authority investigation or audit.

  • Litigation means any lawsuit, action, arbitration, administrative or other proceeding, criminal prosecution or governmental investigation or inquiry.

  • relevant proceedings means proceedings for contempt of court or proceedings under Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014;

  • Bankruptcy Proceedings has the meaning set forth in clause (b) of paragraph 9 hereof.

  • Insolvency Proceedings means, with respect to any Person, any case or proceeding with respect to such Person under U.S. federal bankruptcy laws or any other state, federal or foreign bankruptcy, insolvency, reorganization, liquidation, receivership or other similar laws, or the appointment, whether at common law, in equity or otherwise, of any trustee, custodian, receiver, liquidator or the like for all or any material portion of the property of such Person.

  • Adjudicative proceeding means the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.

  • Legal Proceeding means any action, suit, litigation, arbitration, proceeding (including any civil, criminal, administrative, investigative or appellate proceeding), hearing, inquiry, audit, examination or investigation commenced, brought, conducted or heard by or before, or otherwise involving, any court or other Governmental Body or any arbitrator or arbitration panel.

  • Insolvency or Liquidation Proceeding means, with respect to any Person, any liquidation, dissolution or winding up of such Person, or any bankruptcy, reorganization, insolvency, receivership or similar proceeding with respect to such Person, whether voluntary or involuntary.

  • Regulatory Proceeding means a request for information, civil investigative demand, or civil proceeding commenced by service of a complaint or similar proceeding brought by or on behalf of the Federal Trade Commission, Federal Communications Commission, or any federal, state, local or foreign governmental entity in such entity’s regulatory or official capacity in connection with such proceeding.

  • Disciplinary proceeding means an adjudicative proceeding permitted under this

  • Proceeding means an action, claim, suit, investigation or proceeding (including, without limitation, an investigation or partial proceeding, such as a deposition), whether commenced or threatened.

  • Final Judgment means the Final Judgment and Order to be entered by the Court approving the Agreement after the Final Approval Hearing.