Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 10 contracts
Sources: Trust Indenture, Trust Indenture, Trust Indenture
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case case, the Issuer, the Company Trustee and the Trustee Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with respect regard to the Trust Estateproperty subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 7 contracts
Sources: Lease Agreement (NuStar Energy L.P.), Lease Agreement (NuStar Energy L.P.), Lease Agreement (NuStar Energy L.P.)
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiverTrust Agreement in any suit, action or otherwiseproceedings, and such the suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case adversely to the IssuerTrustee, the Company Corporation and the Trustee Holders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such suit, action or proceedings had been taken.
Appears in 6 contracts
Sources: Trust Agreement, Trust Agreement, Trust Agreement
Termination of Proceedings. In case any proceedings commenced by the Trustee shall have proceeded to enforce on account of any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings default shall have been discontinued or abandoned for any reason, reason or shall have been determined adverselyadversely to the Trustee, then and in every such case the IssuerCorporation, the Company Trustee, each Provider and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies remedies, powers and powers duties of the Trustee shall continue as if though no such proceedings proceeding had been takencommenced.
Appears in 6 contracts
Sources: Trust Indenture, Master Trust Indenture, Master Trust Indenture
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 6 contracts
Sources: Indenture of Trust (Southwest Gas Corp), Indenture of Trust (Southwest Gas Corp), Indenture of Trust (Southwest Gas Corp)
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued continued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Issuer and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 6 contracts
Sources: Trust Indenture (Entergy Arkansas Inc), Trust Indenture (Entergy Arkansas Inc), Trust Indenture (Entergy Mississippi Inc)
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuercase, the Company Authority, the Trustee and the Trustee Bond Owners shall be restored to their former positions and rights hereunder, respectively, with respect regard to the Trust Estateproperty subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 5 contracts
Sources: Indenture of Trust, Indenture of Trust, Indenture of Trust
Termination of Proceedings. In the case any proceeding taken by the Trustee shall have proceeded to enforce on account of any right under this Indenture by the appointment Event of a receiver, or otherwise, and such proceedings Default shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the IssuerAuthority, the Company Trustee and the Trustee Bondowners shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies remedies, powers and powers duties of the Trustee shall continue as if though no such proceedings proceeding had been taken.
Appears in 4 contracts
Sources: Indenture of Trust, Indenture of Trust, Indenture of Trust
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, by entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Trustee, the Credit Facility Provider, the Borrower and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, hereunder with respect to the Trust EstateEstate herein conveyed, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 4 contracts
Sources: Trust Indenture, Trust Indenture, Trust Indenture
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Borrower and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 4 contracts
Sources: Trust Indenture, Trust Indenture, Trust Indenture
Termination of Proceedings. In case the Trustee or any Beneficiary shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee or such Beneficiary, then and in every such case the Issuer, the Company Corporation and the Trustee shall or such Beneficiary shall, subject to any final determination in such proceedings, be restored to their former positions and rights hereunder, respectively, hereunder with respect to the Trust Estatethis Indenture, and all rights, remedies and powers of the Trustee and the Beneficiaries shall continue as if no such proceedings had been taken.
Appears in 3 contracts
Sources: Indenture of Trust (Education Loans Inc /De), Indenture of Trust (Education Loans Inc /De), Indenture of Trust (Education Loans Inc /De)
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Trustee and the Trustee Noteholders shall be restored to their former positions and rights hereunderhereunder and thereunder, respectively, with respect regard to the Trust Estateproperty herein subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 3 contracts
Sources: Trust Indenture (PMC Capital Inc), Trust Indenture (PMC Capital Inc), Trust Indenture (PMC Commercial Trust /Tx)
Termination of Proceedings. In case the event that the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case case, the Issuer, the Company Trustee and the Trustee Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with respect regard to the Trust Estateproperty subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 3 contracts
Sources: Indenture of Trust (Weirton Steel Corp), Indenture of Trust (Weirton Steel Corp), Indenture of Trust (Weirton Steel Corp)
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company WLCDC and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 3 contracts
Sources: Trust Indenture, Trust Indenture, Trust Indenture
Termination of Proceedings. In case any proceedings taken by the Trustee shall have proceeded to enforce or any right under this Indenture by the appointment one or more Owners on account of a receiver, or otherwise, and such proceedings any Event of Default shall have been discontinued or abandoned for any reason, reason or shall have been determined adverselyadversely to the Trustee or the Owners, then and in every such case the IssuerAuthority, the Company Trustee and the Trustee Owners, subject to any determination in such proceedings, shall be restored to their former positions and rights hereunder, severally and respectively, with respect to the Trust Estate, and all rights, remedies remedies, powers and powers duties of the Authority, the Trustee and the Owners shall continue as if though no such proceedings had been taken.
Appears in 2 contracts
Sources: Indenture of Trust, Indenture
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiverin any suit, action or otherwiseproceedings, and such the suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case the Issuer, the Company Trustee and the Trustee Holders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such suit, action or proceedings had been taken.
Appears in 2 contracts
Sources: Trust Indenture (Global Water Resources, Inc.), Trust Indenture (Wca Shiloh Landfill LLC)
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, Agreement and such proceedings shall have been discontinued or abandoned for any reason, reason or shall have been determined adverselyadversely to the Trustee, then and in every such case the Issuer, the Company Authority and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 2 contracts
Sources: Master Agreement of Trust, Master Agreement of Trust
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Developer and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 2 contracts
Sources: Financing Agreement, Financing Agreement
Termination of Proceedings. In case the Trustee shall have proceeded undertaken any proceedings to enforce any right under this the Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case case, the Issuer, the Company Company, the Bank and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 2 contracts
Sources: Trust Indenture (Plug Power Inc), Trust Indenture (Mechanical Technology Inc)
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture hereunder by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the IssuerAuthority, the Company Letter of Credit Issuer and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, hereunder and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 2 contracts
Sources: Indenture of Trust (Burlington Coat Factory Warehouse Corp), Indenture of Trust (Burlington Coat Factory Warehouse Corp)
Termination of Proceedings. In the case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Trustee and the Trustee Owners shall be restored to their former positions and rights hereunder, respectively, with respect regard to the Trust Estateproperty herein subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 2 contracts
Sources: Trust Indenture, Bond Indenture and Security Agreement
Termination of Proceedings. In case any proceeding taken by the Trustee shall have proceeded to enforce on account of any right under this Indenture by the appointment Event of a receiver, or otherwise, and such proceedings Default shall have been discontinued or abandoned for any reason, reason or shall have been determined adverselyadversely to the Trustee, then and in every such case the Issuer, the Company Borrower, the Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies remedies, powers and powers duties of the Trustee shall continue as if though no such proceedings proceeding had been taken.
Appears in 2 contracts
Sources: Indenture of Trust, Indenture of Trust
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Foundation and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 2 contracts
Sources: Trust Indenture, Trust Indenture
Termination of Proceedings. In case the Authority Trustee shall have proceeded to enforce any right under this Indenture Agreement by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuercase, the Company District, the Authority, the Authority Trustee and the Trustee Owners shall be restored to their former positions and rights hereunder, respectively, with respect regard to the Trust Estateproperty subject to this Agreement, and all rights, remedies and powers of the Authority Trustee shall continue as if no such proceedings had been taken.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture Agreement by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company and adversely to the Trustee shall shall, subject to any determination in such proceeding, be restored to their former positions and rights hereunder, respectively, hereunder with respect to the Trust EstateUtility Revenues pledged and assigned hereunder, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 2 contracts
Sources: Trust Agreement, Trust Agreement
Termination of Proceedings. In case If the Trustee shall have proceeded to enforce ------------ -------------------------- commenced the enforcement of any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, reason or shall have been determined adverselyadversely to the Trustee, then and in every such case the Issuer, the Company Borrower, the Letter of Credit Issuer, and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estateunder this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Termination of Proceedings. In case If the Trustee shall have proceeded to enforce any right under this Indenture or remedy hereunder by the appointment of a receiver, by entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Trustee, and the Trustee Obligated Group shall be restored to their former positions positions, rights and rights hereunder, respectively, obligations hereunder with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Trust Indenture
Termination of Proceedings. In case If the Trustee shall have has proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuercase, the Company Authority, the Trustee and the Trustee Bond Owners shall be restored to their former positions and rights hereunder, respectively, with respect regard to the Trust Estateproperty subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Indenture of Trust
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case the Issuer, the Company Issuer and the Trustee shall shall, subject to any determination in such proceeding, be restored to their former positions and rights hereunder, respectively, hereunder with respect to the Trust Estateproperty pledged and assigned hereunder, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Indenture of Trust (Laidlaw Environmental Services Inc)
Termination of Proceedings. In case If the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiverin any suit, action or otherwiseproceedings, and such the suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case the IssuerState, the Company Trustee and the Trustee Holders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such suit, action or proceedings had been taken.
Appears in 1 contract
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this the Indenture by the appointment of a receiver, by entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Indenture of Trust (Enron Corp/Or/)
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuercase, the Company Authority, the Trustee and the Trustee Bond Owners shall be restored to their former positions and rights hereunder, respectively, with respect regard to the Trust Estateproperty subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.taken.β
Appears in 1 contract
Sources: Indenture
Termination of Proceedings. In case any proceedings commenced by the Trustee shall have proceeded to enforce on account of any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings default shall have been discontinued or abandoned for any reason, reason or shall have been determined adverselydetennined adversely to the Trustee, then and in every such case the IssuerCorporation, the Company Trustee, each Provider and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies remedies, powers and powers duties of the Trustee shall continue as if though no such proceedings proceeding had been takencommenced.
Appears in 1 contract
Sources: Trust Indenture
Termination of Proceedings. In case the Trustee or the Bondholders, as provided herein, shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Obligor, the Bank and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, hereunder and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been takentaken except as modified by such proceedings.
Appears in 1 contract
Sources: Trust Indenture
Termination of Proceedings. In case any proceeding taken by the Trustee shall have proceeded to enforce on account of any right under this Indenture by the appointment Event of a receiver, or otherwise, and such proceedings Default shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the IssuerAgency, the Company Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies remedies, powers and powers duties of the Trustee shall continue as if though no such proceedings proceeding had been taken.
Appears in 1 contract
Sources: Indenture of Trust
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuercase, the Company Agency, the Trustee and the Trustee Bond Owners shall be restored to their former positions and rights hereunder, respectively, with respect regard to the Trust Estateproperty subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Indenture
Termination of Proceedings. In case If the Trustee shall have proceeded to enforce any right or remedy under the Lease or this Indenture Declaration of Trust by the appointment of a receiver, by entry or otherwise, otherwise and such proceedings shall have been discontinued or abandoned for any reason, reason or shall have been determined adversely, then and in every such case the Issuercase, the Company City, the Owners and the Trustee shall be restored to their former respective positions and rights hereunder, respectively, with respect to the Trust Estate, thereunder and hereunder and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Lease Purchase Agreement
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings proceeding shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue unimpaired as if no such proceedings had been takenbefore.
Appears in 1 contract
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, Trust Agreement and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, adversely then and in every such case the IssuerCompany, the Company Trustee and the Trustee Certificate Holders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Trust Indenture and Security Agreement (Northeast Utilities System)
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiverin any suit, action or otherwiseproceedings, and such the suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case the Issuer, the Company Trustee, the Bank and the Trustee Holders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such suit, action or proceedings had been taken.
Appears in 1 contract
Sources: Trust Indenture (Escalade Inc)
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Trust Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, reason or shall have been determined adverselyadversely to the Trustee, then and in every such case the IssuerAuthority, the Company County, the Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Indenture of Trust
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture or any Loan Document by the appointment of a receiver, by entry and possession, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case the Issuer, the Company Issuer and the Trustee shall be restored to their former positions and rights hereunder, respectively, hereunder with respect to the Trust Estateproperty herein conveyed, and all rights, remedies remedies, and powers of the Trustee shall continue as if no such proceedings had been taken.taken.β
Appears in 1 contract
Sources: Trust Indenture
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the IssuerCity, the Company and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Trust Indenture
Termination of Proceedings. In case any proceeding taken by the Trustee shall have proceeded to enforce on account of any right under this Indenture by the appointment default or Event of a receiver, or otherwise, and such proceedings Default shall have been discontinued or abandoned for any reason, the default or Event of Default has been cured, or shall have been determined adverselyadversely to the Trustee, then and in every such case case, the Issuer, the Company Trustee, the Bondholders, and the Trustee Borrower shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if though no such proceedings proceeding had been taken.taken.β
Appears in 1 contract
Sources: Trust Indenture
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Trustee and the Trustee Noteholders shall be restored to their former positions position and rights hereunder, respectively, with respect regard to the Trust Estateproperty herein subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture or any Loan Document by the appointment of a receiver, by entry and possession, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case the Issuer, the Company Issuer and the Trustee shall be restored to their former positions and rights hereunder, respectively, hereunder with respect to the Trust Estateproperty herein conveyed, and all rights, remedies remedies, and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Trust Indenture
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case case, the Issuer, the Company Trustee and the Trustee Owners of Notes shall be restored to their former positions and rights hereunder, respectively, with respect regard to the Trust Estateproperty subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Indenture of Trust (Plainwell Inc)
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Issuer and the Trustee shall be restored to their former positions and rights hereunder, respectively, hereunder with respect to the Trust Estateproperty herein conveyed, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Termination of Proceedings. In case the Trustee shall -------------------------- have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiverin any suit, action or otherwiseproceeding, and such proceedings the suit, action or proceeding shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case the Issuer, the Company Trustee, the Bank and the Trustee Holders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings suit, action or proceeding had been taken.
Appears in 1 contract
Sources: Trust Indenture (Innovative Solutions & Support Inc)
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right or remedy under this Indenture by the appointment of a receiver, by entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Issuer and the Trustee shall be restored to their former positions and rights hereunder, respectively, hereunder with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Termination of Proceedings. In case any proceedings taken by the Trustee shall have proceeded to enforce on account of any right under this Indenture by the appointment Event of a receiver, or otherwise, and such proceedings Default shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the IssuerCorporation, the Company Trustee and the Trustee Registered Owners shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies remedies, powers and powers duties of the Trustee shall continue as if though no such proceedings proceeding had been taken; provided each Credit Facility or Liquidity Facility for the Notes previously in effect is fully reinstated and in full force and effect.
Appears in 1 contract
Sources: General Indenture (Uici)
Termination of Proceedings. β In case the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiverTrust Agreement in any suit, action or otherwiseproceedings, and such the suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case adversely to the IssuerTrustee, the Company Corporation and the Trustee Holders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such suit, action or proceedings had been taken.
Appears in 1 contract
Sources: Trust Agreement
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company County and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, ; and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken, except to the extent the Trustee is legally bound by such adverse determination.
Appears in 1 contract
Termination of Proceedings. In case the event the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, Financing Documents and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case the IssuerBondholders, the Company Corporation, and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to under the Trust EstateFinancing Documents, and all rights, remedies remedies, and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Trust Agreement
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiverin any suit, action or otherwiseproceedings, and such the suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case the Issuer, the Company Trustee, the Bank and the Trustee Holders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, 105 remedies and powers of the Trustee shall continue as if no such suit, action or proceedings had been taken.
Appears in 1 contract
Sources: Loan Agreement (Jameson Inns Inc)
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case the Issuer, the Company Trustee and the Trustee Bond Owners shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiverin any suit, action or otherwiseproceedings, and such the suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case adversely to the Trustee; the Issuer, the Company Trustee, the Bank and the Trustee Holders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such suit, action or proceedings had been taken.
Appears in 1 contract
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Trust Indenture
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, by entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Lessee and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings proceeding had been taken.
Appears in 1 contract
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiverin any suit, action or otherwiseproceeding, and such proceedings the suit, action or proceeding shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case the Issuer, the Company Trustee, the Agent and the Trustee Holders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings suit, action or proceeding had been taken.
Appears in 1 contract
Termination of Proceedings. In case the Trustee or any Beneficiary shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee or such Beneficiary, then and in every such case the Issuer, the Company Issuer and the Trustee shall or such Beneficiary shall, subject to any final determination in such proceedings, be restored to their former positions and rights hereunder, respectively, hereunder with respect to the Trust Estatethis Indenture, and all rights, remedies and powers of the Trustee and the Beneficiaries shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Indenture of Trust (Collegiate Funding Services Inc)
Termination of Proceedings. In case If the Trustee shall have proceeded to enforce any right under this Indenture or remedy hereunder by the appointment of a receiver, by entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company County and the Trustee shall be restored to their former positions and rights hereunder, respectively, hereunder with respect to the Trust Estate, Mortgaged Property and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Termination of Proceedings. In case If the Trustee shall have has proceeded to enforce any right or remedy under the License and Easement, the Lease or this Indenture Declaration of Trust by the appointment of a receiver, by entry or otherwise, otherwise and such proceedings shall have been discontinued or abandoned for any reason, reason or shall have been determined adversely, then and in every such case the Issuercase, the Company City, the Owners and the Trustee shall will be restored to their former respective positions and rights hereunder, respectively, with respect to the Trust Estate, thereunder and hereunder and all rights, rights remedies and powers of the Trustee shall will continue as if no such proceedings proceeding had been taken.
Appears in 1 contract
Sources: Lease Purchase Agreement
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, by entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Company, the Bondholders and the Trustee shall be restored to their former positions positions, rights and rights hereunder, respectively, with respect to the Trust Estate, obligations hereunder and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Indenture of Trust (Intrepid Technology & Resources, Inc.)
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuercase, the Company District, the Trustee and the Trustee Owners shall be restored to their former positions and rights hereunder, respectively, with respect regard to the Trust Estateproperty subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Bond Indenture
Termination of Proceedings. In case the Trustee or any Noteholder shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee or such Noteholder, then and in every such case the Issuer, the Company Corporation and the Trustee shall or such Noteholder shall, subject to any final determination in such proceedings, be restored to their former positions and rights hereunder, respectively, hereunder with respect to the Trust Estatethis Indenture, and all rights, remedies and powers of the Trustee and the Noteholders shall continue as if no such proceedings had been taken.
Appears in 1 contract
Termination of Proceedings. In case the Trustee shall have proceeded undertaken any proceedings to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case case, the Issuer, the Company Company, the Bank and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Trust Indenture (Angiodynamics Inc)
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Issuer and the Trustee shall be restored to their former positions and rights hereunder, respectively, hereunder with respect to the Trust Estate, and (subject to such determination) all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, hereunder and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Borrowers and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, hereunder and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Termination of Proceedings. In case any proceeding taken by the Trustee shall have proceeded to enforce any right under this Indenture by the appointment on account of a receiver, or otherwise, and such proceedings an Event of Default shall have been discontinued or abandoned for any reason, reason or shall have been determined adverselyadversely to the Trustee or to the Bondholders, then and in every such case the IssuerAirports Authority, the Company Trustee and the Trustee Bondholders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee and the Bondholders shall continue as if no such proceedings proceeding had been taken.
Appears in 1 contract
Sources: Master Indenture of Trust
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Trustee and the Trustee Bondholders shall be restored to their former positions position and rights hereunder, respectively, with respect regard to the Trust Estateproperty herein subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Trust Indenture
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiverin any suit, action or otherwiseproceedings, and such the suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case the Issuer, the Company Trustee and the Trustee Holders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such suit, action or proceedings had been taken.. OHSUSA:763098104.5
Appears in 1 contract
Sources: Trust Indenture
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Issuer and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, ; and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken, except to the extent the Trustee is legally bound by such adverse determination.
Appears in 1 contract
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any remedy, right or power under this Indenture by the appointment of a receiverin any suit, action or otherwiseproceedings, and such the suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case adversely to the IssuerTrustee, the Company Issuer and the Trustee Holders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such suit, action or proceedings had been taken.
Appears in 1 contract
Sources: Trust Indenture
Termination of Proceedings. In case the Trustee (or the Servicer, on behalf of the Trustee, if applicable) shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case the Issuer, the Company Trustee and the Trustee Noteholders shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies remedies, and powers of the Trustee shall continue unimpaired as if no such proceedings had been taken.
Appears in 1 contract
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, Trust Agreement and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the IssuerUniversity, the Company Trustee and the Trustee Holders of any Obligations shall be restored to their respective former positions and rights hereunder, respectively, with respect to the Trust Estate, hereunder and all rights, remedies and powers of the Trustee shall continue unimpaired as if no such proceedings had been takenbefore.
Appears in 1 contract
Sources: Trust Agreement
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case the IssuerCorporation, the Company Trustee, the related Series Credit Bank, if any, and the Trustee registered owners of the Bonds of such Series shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, by entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Company, the Bondholders, the Bank and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Trust Indenture (Wca Waste Corp)
Termination of Proceedings. In case any proceeding taken by the Trustee shall have proceeded to enforce on account of any right under this Indenture by the appointment default or Event of a receiver, or otherwise, and such proceedings Default shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, then and in every such case case, the Issuer, the Company Trustee, the Bondholders, and the Trustee Borrower shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if though no such proceedings proceeding had been taken.
Appears in 1 contract
Sources: Trust Indenture
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Issuer and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.. 36
Appears in 1 contract
Sources: Trust Indenture
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, hereunder and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, hereunder and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company Issuer and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Trust Indenture
Termination of Proceedings. In case the Trustee Trustee, any Registered Owner or any Security Instrument Issuer shall have proceeded to enforce any right under this Indenture hereunder by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adverselyadversely to the Trustee, the Registered Owner, or Security Instrument Issuer, then and in every such case the Issuer, the Company Issuer and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.
Appears in 1 contract
Sources: Bond Purchase Agreement