Common use of Claims Filed on Behalf of the Holders Clause in Contracts

Claims Filed on Behalf of the Holders. In the event of any dissolution, winding up, liquidation or any reorganization or similar preceding with respect to the Group Guarantor (whether in bankruptcy, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Group Guarantor) tending towards liquidation of the business and assets of the Group Guarantor, the Trustee may, on behalf of each Holder, cause the immediate filing of a claim for the unpaid balance of such Holder’s Securities in the form required in said proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Group Guarantor Senior Indebtedness or their respective representatives or trustees are hereby authorized to have the right to file and are hereby authorized to file an appropriate claim for and on behalf of the Holders. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Group Guarantor Senior Indebtedness or their respective representatives or trustees to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Group Guarantee, the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Group Guarantor Senior Indebtedness or their respective representatives to vote in respect of the claim of any Holder in any such proceeding.

Appears in 4 contracts

Samples: Supplemental Indenture (Credit Suisse Group Capital (Delaware) Trust II), Supplemental Indenture (Credit Suisse Group Capital (Delaware) Trust II), Credit Suisse (Credit Suisse Group Capital (Delaware) Trust II)

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Claims Filed on Behalf of the Holders. In the event of any dissolution, winding winding-up, liquidation liquidation, administration, Arrangement and Reconstruction or any reorganization or similar preceding proceeding with respect to the Group Guarantor Company (whether in bankruptcy, insolvency insolvency, désastre, administration or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Group GuarantorCompany) tending towards liquidation of the business and assets of the Group GuarantorCompany, the Trustee may, on behalf of each Holder, cause the immediate filing of a claim for the unpaid balance of such Holder’s Subordinated Securities in the form required in said proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Group Guarantor Senior Indebtedness or their respective representatives or trustees are hereby authorized to have the right to file and are hereby authorized to file an appropriate claim for and on behalf of the HoldersHolders of said Subordinated Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Group Guarantor Senior Indebtedness or their respective representatives or trustees to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Group Guarantee, the Subordinated Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Group Guarantor Senior Indebtedness or their respective representatives or trustees to vote in respect of the claim of any Holder in any such proceeding.

Appears in 2 contracts

Samples: Default and Remedies (Credit Suisse Group (Guernsey) III LTD), Credit Suisse Group (Guernsey) III LTD

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Claims Filed on Behalf of the Holders. In the event of any dissolution, winding up, liquidation or any reorganization or similar preceding with respect to the Group Guarantor Company (whether in bankruptcy, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Group GuarantorCompany) tending towards liquidation of the business and assets of the Group GuarantorCompany, the Trustee may, on behalf of each Holder, cause the immediate filing of a claim for the unpaid balance of such Holder’s Securities in the form required in said proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Group Guarantor Senior Indebtedness or their respective representatives or trustees are hereby authorized to have the right to file and are hereby authorized to file an appropriate claim for and on behalf of the HoldersHolders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Group Guarantor Senior Indebtedness or their respective representatives or trustees to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Group Guarantee, the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Group Guarantor Senior Indebtedness or their respective representatives or trustees to vote in respect of the claim of any Holder in any such proceeding.

Appears in 1 contract

Samples: Subordinated Indenture (Credit Suisse (Usa) Inc)

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