Collection of Indebtedness and Suits for Enforcement by ------------------------------------------------------- Indenture Trustee. The Issuer covenants that if (i) default is made in the ----------------- payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of any Note when the same becomes due and payable at the related Note Final Maturity Date, the Issuer shall, upon demand of the Indenture Trustee, pay to it, for the benefit of the Noteholders, the whole amount then due and payable on such Notes for principal and interest, with interest upon the overdue principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest, at the rate specified in Section 2.7 and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel.
(a) In case the Issuer shall fail forthwith to pay such amounts upon such demand, the Indenture Trustee, in its own name and as trustee of an express trust, may institute a Proceeding for the collection of the sums so due and unpaid, and may prosecute such Proceeding to judgment or final decree, and may enforce the same against the Issuer or other obligor upon such Notes and collect in the manner provided by law out of the property of the Issuer or other obligor upon such Notes, wherever situated, the moneys adjudged or decreed to be payable.
(b) If an Event of Default occurs and is continuing, the Indenture Trustee may, as more particularly provided in Section 5.4, in its discretion, proceed to protect and enforce its rights and the rights of the Noteholders, by such appropriate Proceedings as the Indenture Trustee shall deem most effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy or legal or equitable right vested in the Indenture Trustee by this Indenture or by law.
(c) In case there shall be pending, relative to the Issuer or any other obligor upon the Notes or any Person having or claiming an ownership interest in the Indenture Trust Estate, Proceedings under Title 11 of the United States Code or any other applicable Federal or s...
Collection of Indebtedness and Suits. FOR ENFORCEMENT BY INDENTURE TRUSTEE; AUTHORITY OF INDENTURE TRUSTEE 28 SECTION 5.04. REMEDIES 30 SECTION 5.05. OPTIONAL PRESERVATION OF THE CONTRACTS 31 SECTION 5.06. PRIORITIES 31 SECTION 5.07. LIMITATION OF SUITS 31 SECTION 5.08. UNCONDITIONAL RIGHTS OF NOTEHOLDERS TO RECEIVE PRINCIPAL AND INTEREST 32 SECTION 5.09. RESTORATION OF RIGHTS AND REMEDIES 32 SECTION 5.10. RIGHTS AND REMEDIES CUMULATIVE 32 SECTION 5.11. DELAY OR OMISSION NOT A WAIVER 33 SECTION 5.12. CONTROL BY NOTEHOLDERS 33 SECTION 5.13. WAIVER OF PAST DEFAULTS 33 SECTION 5.14. UNDERTAKING FOR COSTS 33 SECTION 5.15. WAIVER OF STAY OR EXTENSION LAWS 34 SECTION 5.16. ACTION ON NOTES 34 SECTION 5.17. PERFORMANCE AND ENFORCEMENT OF CERTAIN OBLIGATIONS 34
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee; Authority of Indenture Trustee 27 Section 5.04. Remedies 29 Section 5.05. Optional Preservation of the Collateral 29 Section 5.06. Priorities 30
Collection of Indebtedness and Suits. (1) default is made in the payment of any interest on any Security when such interest becomes due and payable and such default continues for a period of 30 days, or
(2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal, premium, if any, and interest and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium, if any, and on any overdue interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee or the Collateral Agent on Behalf of the Indenture Trustee..
Collection of Indebtedness and Suits for Enforcement by Trustee................. 71 -------------------------- SECTION 5.04. Trustee May File Proofs of Claim........... 71 -------------------------------- SECTION 5.
Collection of Indebtedness and Suits for Enforcement by Trustee or Co-Trustee. The Company covenants that if:
(a) default is made in the payment of any interest, including Additional Interest Amounts, on any Security when such amounts become due and payable and such default continues for a period of 30 days, or
(b) default is made in the payment of the Principal Amount plus accrued but unpaid interest (including Additional Interest Amounts or Additional Amounts, if any) at the Stated Maturity thereof or in the payment of the Redemption Price or Fundamental Change Purchase Price in respect of any Security, the Company will, upon demand of the Trustee or the Co-Trustee, pay to the Trustee or the Co-Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, the Co-Trustee and their respective agents and counsel.
Collection of Indebtedness and Suits. FOR ENFORCEMENT BY INDENTURE TRUSTEE; AUTHORITY OF INDENTURE TRUSTEE.. . . . . . . . . . . . . . . . .24 SECTION 5.04. REMEDIES . . . . . . . . . . . . . . . . . . . . . . . .25 SECTION 5.05. OPTIONAL PRESERVATION OF THE CONTRACTS . . . . . . . . .26 SECTION 5.06. PRIORITIES.. . . . . . . . . . . . . . . . . . . . . . .26 SECTION 5.07.
Collection of Indebtedness and Suits. FOR ENFORCEMENT BY INDENTURE TRUSTEE; AUTHORITY OF INDENTURE TRUSTEE. . . . .22 SECTION 5.04. REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . .24 SECTION 5.05. OPTIONAL PRESERVATION OF THE CONTRACTS . . . . . . . . . .24 SECTION 5.06. PRIORITIES.. . . . . . . . . . . . . . . . . . . . . . . .24 SECTION 5.07.
Collection of Indebtedness and Suits for Enforcement by Trustee 76 Section 8.05 Trustee May File Proofs of Claim 77 Section 8.06 Application of Money Collected 77 Section 8.07 Limitation on Suits 78 Section 8.08 Unconditional Right of Holders to Receive Payment 78 Section 8.09 Restoration of Rights and Remedies 78 Section 8.10 Rights and Remedies Cumulative 78 Section 8.11 Delay or Omission Not Waiver 79 Section 8.12 Control by Holders 79 Section 8.13 Undertaking for Costs 79 Section 8.14 Waiver of Stay or Extension Laws 79
