Common use of Restoration of Position Clause in Contracts

Restoration of Position. If the Trustee or any Noteholder having a right to take any Enforcement Action or other action pursuant to Section 13.5 shall institute such Enforcement Action or other action, as the case may be, and if such Enforcement Action or other action is discontinued or abandoned for any reason whatsoever, or is determined adversely to the Trustee or such Noteholder, then and in every such case the Bank, the Trustee and such Noteholder shall, subject to any determination in such proceedings, be restored to their former positions hereunder, and thereafter all rights and remedies of the Trustee or such Noteholder shall continue as though no such Enforcement Action or other action had been taken; subject to the right of the Trustee or Noteholder to recover (unless inconsistent with any court order judgment) all reasonable costs and expenses (including legal costs) incurred in connection with such Enforcement Action or other action, as the case may be.

Restoration of Position. If the Trustee or any Noteholder Bondholder having a right to take any Enforcement Action or other action pursuant to Section 13.5 13.05 shall institute such Enforcement Action or other action, as the case may be, and if such Enforcement Action or other action is discontinued or abandoned for any reason whatsoever, or is determined adversely to the Trustee or such NoteholderBondholder, then and in every such case the BankCompany, the Trustee and such Noteholder Bondholder shall, subject to any determination in such proceedings, be restored to their former positions hereunder, and thereafter all rights and remedies of the Trustee or such Noteholder Bondholder shall continue as though no such Enforcement Action or other action had been taken; subject to the right of the Trustee or Noteholder Bondholder to recover (unless inconsistent with any court order judgment) all reasonable costs and expenses (including legal costs) incurred in connection with such Enforcement Action or other action, as the case may be.