Common use of Collection of Indebtedness and Suits for Enforcement by the Trustee Clause in Contracts

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Debentures, and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, then, upon demand of the Trustee, the Company shall pay to the Trustee, for the benefit of the holders of the Debentures, the whole amount that then shall have been become due and payable on all such Debentures for principal or interest, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 9.7. (b) If the Company shall fail to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the Debentures, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of an Event of Default hereunder which is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceeding.

Appears in 8 contracts

Samples: Indenture (S Y Bancorp Inc), Indenture (S.Y. Bancorp Capital Trust II), Indenture (S Y Bancorp Inc)

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Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i1) in case it shall default a Default or Event of Default is made in the payment of any installment of interest (including Liquidated Damages, if any) on any of the DebenturesSecurity when such interest (including Liquidated Damages, if any) becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days, or (302) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default is made in the payment of the principal of or premium, if any, on any of Security at the Debentures when Maturity thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany shall, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures Securities for principal or interestand premium, or bothif any, as the case may beand interest (including Liquidated Damages, with interest upon the overdue principal; and (if any) and, to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and premium, if any, and on any overdue interest (including Liquidated Damages, if any), calculated using the Debentures are held by the Trust or a trustee of the TrustInterest Rate, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 5 contracts

Samples: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Cv Therapeutics Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that (iif an Event of Default occurs under Section 6.01(a) in case it shall default in the payment of any installment of interest on any of the Debenturesor Section 6.01(b), and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by then the Company in accordance with the terms of this Indenture); or (ii) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenshall, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Notes, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 6.02 hereof) on all such Debentures Notes for principal or interest(including the Fundamental Change Repurchase Price, or bothif applicable) and interest and, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal (including the Fundamental Change Repurchase Price, if the Debentures are held by the Trust or a trustee of the Trustapplicable) and on any overdue interest, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest each case at the rate per annum expressed in borne by the Debentures; Notes from the required payment date, 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 4 contracts

Samples: First Supplemental Indenture (Greenbrier Companies Inc), Indenture (Greenbrier Companies Inc), Indenture (Greenbrier Companies Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (ia) in case it shall default a Default or Event of Default occurs in the payment of any installment of interest interest, including Special Interest, on any of the Debentures, Security when such interest becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days; or (30b) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default occurs in the payment of the principal of or premium, if any, on any of Security at the Debentures when Maturity thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany shall, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 8.02 hereof) on all such Debentures Securities for principal or and premium, if any, and interest, or bothincluding Special Interest, as the case may beand, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and premium, if the Debentures are held by the Trust or a trustee of the Trustany, without duplication of and on any other amounts paid by the Trust or trustee overdue interest, including Special Interest, in respect thereof) upon overdue installments of interest each case at the rate per annum expressed in the Debentures; Interest Rate, 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 3 contracts

Samples: Supplemental Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company Each of the Issuer and Company, jointly and severally, covenants that if: (i1) in case it shall a default is made in the payment of any installment of interest on any of the Debentures, Note when such interest becomes due and payable and such default shall have continued continues for a period of thirty 30 days, or (302) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default is made in the payment of the principal of or premium, if any, on any of Note at the Debentures when maturity thereof, the same shall have become due Issuer and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Notes, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 5.2 hereof) on all such Debentures Notes for principal or interestand premium, or bothif any, as the case may beand interest and, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and premium, if any, and on any overdue interest, calculated using the Debentures are held by the Trust or a trustee of the Trustapplicable interest rate specified in Section 2.1(c) hereof, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 the Issuer and the amount payable to the Trustee under Section 9.7. (b) If the Company shall fail to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Issuer and/or the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon Issuer and/or the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 3 contracts

Samples: First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. The Issuer and the Guarantors covenant that if: (a) The Company covenants that (i) in case it shall default is made in the payment of any installment of interest on any of the Debentures, such Security when such interest becomes due and payable and such default shall have continued continues for a period of thirty 30 days; or (30b) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default is made in the payment of the principal of (or premium, if any, on) any of such Security at the Debentures when the same shall have become due and payableMaturity thereof, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenthey will, upon demand of the Trustee, the Company shall pay to the Trustee, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that then shall have been become due and payable on all such Debentures Securities for principal or interestand any premium and interest and, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, if the Debentures are held by the Trust or a trustee of the Trustinterest on any overdue principal and premium and on any overdue interest, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed or rates prescribed therefor in the Debentures; 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 the amount payable to the Trustee under Section 9.7. (b) If the Company shall fail to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, advances of the Trustee, in its own name agents and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the Debentures, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debenturescounsel. In case of If an Event of Default hereunder which 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 vested in it by this Indenture 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 of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 3 contracts

Samples: Indenture (Brookfield Renewable Partners L.P.), Indenture (Brookfield Renewable Corp), Indenture (BRP Bermuda Holdings I LTD)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that (iif an Event of Default occurs under Section 6.01(a) in case it shall default in the payment of any installment of interest on any of the Debenturesor Section 6.01(b), and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by then the Company in accordance with the terms of this Indenture); or (ii) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenshall, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Notes, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 6.02 hereof) on all such Debentures Notes for principal or interest(including the Fundamental Change Purchase Price, or bothif applicable) and premium, as the case may beif any, with and interest upon the overdue principal; and (and, to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal (including the Fundamental Change Purchase Price, if the Debentures are held by the Trust or a trustee of the Trustapplicable) and premium, without duplication of if any, and on any other amounts paid by the Trust or trustee overdue interest, in respect thereof) upon overdue installments of interest each case at the rate per annum expressed in borne by the Debentures; Notes from the required payment date, 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 3 contracts

Samples: Indenture (Mannkind Corp), Indenture (Mannkind Corp), Indenture (Mannkind Corp)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i1) in case it shall default a Default or Event of Default is made in the payment of any installment of interest Interest (including Contingent Interest) on any of the Debentures, Debenture when such Interest (including Contingent Interest) becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days; or (302) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default is made in the payment of the principal of amount, Redemption Price or Repurchase Price on any of the Debentures Debenture when the same shall have become becomes due and payablepayable at its Stated Maturity, whether upon maturity of the Debentures or upon redemption or redemption, upon declaration when due for purchase by the Company or otherwise, thenthen the Company will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Debenture, the whole amount that entire principal then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures Debenture for principal or interestany such amounts and, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of legally enforceable, Interest (including Contingent Interest) on such interest is enforceable under applicable law andDebenture, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 3 contracts

Samples: Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (ia) in case it shall default a Default or Event of Default is made in the payment of any installment of interest (including Liquidated Damages, if any) on any of the DebenturesSecurity when such interest (including Liquidated Damages, if any) becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 3 Business Days (30in the case of any of the first six interest payments on the Securities) or 30 days (in all other than by reason cases), or (b) a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default is made in the payment of the principal of or premium, if any, on any of Security at the Debentures when Maturity thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures Securities for principal or interestand premium, or bothif any, as the case may beand interest (including Liquidated Damages, with interest upon the overdue principal; and (if any) and, to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and premium, if any, and on any overdue interest (including Liquidated Damages, if any), calculated using the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments rate of interest at on the rate per annum expressed in the Debentures; Security, 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 2 contracts

Samples: Indenture (Nektar Therapeutics), Indenture (Nektar Therapeutics)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Debentures, and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, then, upon demand of the Trustee, the Company shall pay to the Trustee, for the benefit of the holders of the Debentures, the whole amount that then shall have been become due and payable on all such Debentures for principal or interest, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 9.7. (b) If the Company shall fail to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the Debentures, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of an Event of Default hereunder which is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceeding.

Appears in 2 contracts

Samples: Indenture (Stifel Financial Corp), Indenture (Stifel Financial Corp)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company Each Issuer, jointly and severally, covenants that if (i) in case it shall default is made in the payment of any installment of interest or prepayment premium on any of Note when the Debenturessame becomes due and payable, and such default shall have continued continues for a period of thirty three (303) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); Business Days or (ii) in case it shall default is made in the payment of the principal of any of the Debentures Note when the same shall have become becomes due and payable, whether upon maturity of the Debentures by acceleration or upon redemption or upon declaration or otherwiseat stated maturity, thensuch Issuer will, upon demand of the Trustee, acting at the Company shall direction of the Controlling Party, pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Notes and any Financial Insurance Provider, the whole amount that then shall have been become due and payable on all such Debentures Notes for principal or and interest, or both, as the case may be, with interest upon the overdue principal; and (, and, to the extent that payment at such rate of such interest is enforceable under applicable law andshall be legally enforceable, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest or prepayment premium, at the rate per annum expressed in Note Rate borne by the Debentures; andNotes or any other applicable default rate, and in addition thereto, 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 amount payable to Trustee, any Financial Insurance Provider and each of their agents and counsel. In case the Trustee under Section 9.7. (b) If the Company Issuers shall fail forthwith to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the TrusteeTrustee (solely if so directed by the Controlling Party), in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity a proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce the same against any such judgment one or final decree against more of the Company Issuers or other obligor upon the Debentures such Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property Collateral, wherever situated, the moneys adjudged or decreed to be payable. If an Event of Default occurs and is continuing, the Trustee may, as more particularly provided in Section 9.4, in its discretion, proceed to protect and enforce its rights and the rights of the Company Noteholders, by such appropriate proceedings as the Trustee shall deem most effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in the Indenture or any other Related Document or in aid of the exercise of any power granted herein or therein, or to enforce any other proper remedy or legal or equitable right vested in the Trustee by the Indenture, any other Related Document or by law; provided that if a Financial Insurance Provider is the Controlling Party, then the Trustee may only take such actions as consented to by the Controlling Party, and shall take such actions as directed by the Controlling Party. In case there shall be pending, relative to any Issuer, any other obligor upon the DebenturesNotes or any Person having or claiming an ownership interest in any Issuer Assets, wherever situated. (c) In proceedings under the Bankruptcy Code or any other applicable federal or state bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of any Issuer or its property or such other obligor or such Person or the property of such other obligor or such Person, or in the case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or other comparable judicial proceedings affecting relative to any Issuer, other obligor upon the Company, the Trust, Notes or such Person or to the creditors or property of eitherany Issuer, such other obligor or such Person, the Trustee, irrespective of whether the principal of any Notes shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have power made any demand pursuant to intervene the provisions of this Section 9.3, shall be entitled and empowered, by intervention in such proceedings or otherwise: (i) to file and take prove a claim or claims for the whole amount of principal, interest and prepayment premium owing and unpaid in respect of the Notes and any action therein that may be permitted by the court other Issuer Obligations and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for reasonable compensation to the Trustee and each predecessor Trustee, and their respective agents, attorneys and counsel, and for reimbursement of all expenses and liabilities incurred, and all advances made, by the Trustee and each predecessor Trustee, except as a result of negligence, bad faith or willful misconduct) and of any Financial Insurance Provider and the holders Noteholders allowed in such proceedings; (ii) unless prohibited by applicable law and regulations, to vote on behalf of the Debentures allowed for Holders of the entire amount due and payable by the Company under this Indenture at the date Notes in any election of institution of a trustee, a standby trustee or person performing similar functions in any such proceedings and for any additional amount that may become due and payable by the Company after such date, and proceedings; (iii) to collect and receive any moneys or other property payable or deliverable on any such claim, claims and to distribute all amounts received with respect to the same after the deduction claims of the amount payable Noteholders, of any Financial Insurance Provider and of the Trustee on their behalf; and (iv) to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee, the Holders of the Notes or any Financial Insurance Provider allowed in any judicial proceedings relative to the Issuers, such other obligor upon the Notes, any Person claiming an ownership interest in the Issuer Assets, their respective creditors and their property; provided that if a Financial Insurance Provider is the Controlling Party, then the Trustee under Section 9.7; may only take such actions as consented to by the Controlling Party and any shall take such actions as directed by the Controlling Party. Any trustee, receiver, assignee liquidator, custodian or trustee other similar official in bankruptcy or reorganization any such proceeding is hereby authorized by each of the holders of the Debentures such Noteholders to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such DebentureholdersNoteholders, to pay to the Trustee such amounts as shall be sufficient to cover reasonable compensation to the Trustee, each predecessor Trustee and their respective agents, attorneys and counsel, and all other expenses and liabilities incurred, and all advances made, by the Trustee and each predecessor Trustee except as a result of negligence or bad faith. Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or vote for or accept or adopt on behalf of any amount due it under Section 9.7. (d) Noteholder or any Financial Insurance Provider any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or any Financial Insurance Provider or to authorize the Trustee to vote in respect of the claim of any Noteholder or any Financial Insurance Provider in any such proceeding except, as aforesaid, to vote for the election of a trustee in bankruptcy or similar person. All rights of action and of asserting claims under this the Indenture, or under any of the terms established with respect to the DebenturesNotes, may be enforced by the Trustee without the possession of any of such Debentures, the Notes or the production thereof at in any trial or other proceeding proceedings relative thereto, and any such suit action or proceeding proceedings instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shalljudgment, after provision for payment subject to the payment of the expenses, disbursements and compensation of the Trustee, each predecessor Trustee of any amounts due under Section 9.7and their respective agents and attorneys, shall be for the ratable benefit of the holders Holders of the DebenturesNotes and the other Secured Parties. In case any proceedings brought by the Trustee (and also any proceedings involving the interpretation of an Event any provision of Default hereunder the Indenture to which is continuingthe Trustee shall be a party), the Trustee may in its discretion proceed shall be held to protect and enforce represent all the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid Holders of the exercise of Notes, and it shall not be necessary to make any power granted in this Indenture, or Noteholder a party to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproceedings.

Appears in 2 contracts

Samples: Indenture Agreement (Amerco /Nv/), Cargo Van/Pick Up Truck Base Indenture (Amerco /Nv/)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i1) in case it shall default a Default or Event of Default occurs in the payment of any installment of interest (including Liquidated Damages, if any) on any of the DebenturesSecurity when such interest (including Liquidated Damages, if any) becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days, or (302) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default occurs in the payment of the principal of or premium, if any, on any of Security at the Debentures when Maturity thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany shall, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures Securities for principal or interestand premium, or bothif any, as the case may beand interest (including Liquidated Damages, with interest upon the overdue principal; and (if any) and, to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and premium, if the Debentures are held by the Trust or a trustee of the Trustany, without duplication of and on any other amounts paid by the Trust or trustee overdue interest (including Liquidated Damages, if any), in respect thereof) upon overdue installments of interest each case at the rate per annum expressed in the Debentures; Interest Rate, 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 2 contracts

Samples: Indenture (Cv Therapeutics Inc), Indenture (Cv Therapeutics Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i1) in case it shall default a Default or Event of Default is made in the payment of any installment of interest (including Liquidated Damages, if any) on any of the DebenturesSecurity when such interest (including Liquidated Damages, if any) becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days, or (302) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default is made in the payment of the principal of or premium, if any, on any of Security at the Debentures when Maturity thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures Securities for principal or interestand premium, or bothif any, as the case may beand interest (including Liquidated Damages, with interest upon the overdue principal; and (if any) and, to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and premium, if any, and on any overdue interest (including Liquidated Damages, if any), calculated using the Debentures are held by the Trust or a trustee of the TrustInterest Rate, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 2 contracts

Samples: Indenture (Inhale Therapeutic Systems Inc), Indenture (Inhale Therapeutic Systems Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i1) in case it shall default a Default or Event of Default is made in the payment of any installment of interest Interest (including Contingent Interest) on any of the Debentures, CODES when such Interest (including Contingent Interest) becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days; or (302) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default is made in the payment of the principal of amount, Redemption Price or Repurchase Price on any of the Debentures CODES when the same shall have become becomes due and payablepayable at its Stated Maturity, whether upon maturity of the Debentures or upon redemption or redemption, upon declaration when due for purchase by the Company or otherwise, thenthen the Company will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch CODES, the whole amount that entire principal then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures CODES for principal or interestany such amounts and, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of legally enforceable, Interest (including Contingent Interest) on such interest is enforceable under applicable law andCODES, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 2 contracts

Samples: Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that (iif an Event of Default occurs under Section 6.01(a) in case it shall default in the payment of any installment of interest on any of the Debenturesor Section 6.01(b), and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by then the Company in accordance with the terms of this Indenture); or (ii) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenshall, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Notes, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 6.02 hereof) on all such Debentures Notes for principal or interest(including the Redemption Price and Fundamental Change Purchase Price, or bothif applicable) and premium, as the case may beif any, with and interest upon the overdue principal; and (and, to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal (including the Redemption Price and the Fundamental Change Purchase Price, if the Debentures are held by the Trust or a trustee of the Trustapplicable) and premium, without duplication of if any, and on any other amounts paid by the Trust or trustee overdue interest, in respect thereof) upon overdue installments of interest each case at the rate per annum expressed in borne by the Debentures; Notes from the required payment date, 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 2 contracts

Samples: Indenture (Mannkind Corp), Indenture (Mannkind Corp)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i) in case it shall default a Default or Event of Default occurs in the payment of any installment of interest (including Liquidated Damages, if any) on any of the DebenturesSecurity when such interest (including Liquidated Damages, if any) becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or 30 days, or (ii) in case it shall default a Default or Event of Default occurs in the payment of the principal of any of Security at the Debentures when Maturity thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany shall, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.02 hereof) on all such Debentures Securities for principal or interestand interest (including Liquidated Damages, or bothif any) and, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and on any overdue interest (including Liquidated Damages, if the Debentures are held by the Trust or a trustee of the Trustany), without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest each case at the rate per annum expressed in the Debentures; Interest Rate, 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 2 contracts

Samples: Indenture (Lifetime Brands, Inc), Indenture (Dov Pharmaceutical Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Debentures, and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture)30 days; or (ii) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, then, upon demand of the Trustee, the Company shall pay to the Trustee, for the benefit of the holders of the Debentures, the whole amount that then shall have been become due and payable on all such Debentures for principal or interest, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 9.7. (b) If the Company shall fail to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon the Debentures and collect the moneys money adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the Debentures, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys money or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of an Event of Default hereunder which is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceeding.

Appears in 2 contracts

Samples: Indenture (First Busey Statutory Trust V), Indenture (First Busey Capital Trust I)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Debentures, and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture)30 days; or (ii) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, then, upon demand of the Trustee, the Company shall pay to the Trustee, for the benefit of the holders of the Debentures, the whole amount that then shall have been become due and payable on all such Debentures for principal or interest, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 9.7. (b) If the Company shall fail to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon the Debentures and collect the moneys money adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the Debentures, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys money or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of an Event of Default hereunder which is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceeding.the

Appears in 2 contracts

Samples: Indenture (Baylake Capital Trust I), Indenture (Baylake Capital Trust I)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that (iif an Event of Default occurs under Section 6.01(a) in case it shall default in the payment of any installment of interest on any of the Debenturesor Section 6.01(b), and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by then the Company in accordance with the terms of this Indenture); or (ii) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenshall, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Notes, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 6.02 hereof) on all such Debentures Notes for principal or interest(including the Redemption Price, or boththe Repurchase Price and Fundamental Change Repurchase Price, as the case may beif applicable) and interest and, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal (including the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price, if the Debentures are held by the Trust or a trustee of the Trustapplicable) and on any overdue interest, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest each case at the rate per annum expressed in borne by the Debentures; Notes from the required payment date, 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Digital River Inc /De)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (ia) in case it shall default a Default or Event of Default occurs in the payment of any installment of interest on any of the Debentures, Note when such interest becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days, or (30b) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default occurs in the payment of the principal of or premium, if any, on any of Note at the Debentures when Final Maturity Date thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany shall, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Notes, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 9.02 hereof) on all such Debentures Notes for principal or interestand premium, or bothif any, as the case may beand interest and, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest, accruing at the Interest Rate, on any overdue principal and premium, if the Debentures are held by the Trust or a trustee of the Trustany, without duplication of and on any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys money adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which (other than an Event of Default specified in Section 8.01(g) or 8.01(h) hereof) occurs and is continuing, upon acceleration of the Notes, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Notes by such appropriate judicial proceedings (or by any other available remedy) as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Biomarin Pharmaceutical Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Debentures, and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, then, upon demand of the Trustee, the Company shall pay to the Trustee, for the benefit of the holders of the Debentures, the whole amount that then shall have been become due and payable on all such Debentures for principal or interest, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 9.710.8. (b) If the Company shall fail to pay such amounts set forth in Section 7.2(a8.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the Debentures, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.710.8; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.710.8. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.710.8, be for the ratable benefit of the holders of the Debentures. In case of an Event of Default hereunder which is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceeding.

Appears in 1 contract

Samples: Indenture (Tompkins Financial Corp)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i1) in case it shall default a Default or Event of Default is made in the payment of any installment of interest (including Additional Amounts, if any) on any of the DebenturesSecurity when such interest (including Additional Amounts, if any) becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days; or (302) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default is made in the payment of the principal of or premium, if any, on any of Security at the Debentures when Maturity thereof; the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2) on all such Debentures Securities for principal or interestand premium, or bothif any, as the case may beand interest (including Additional Amounts, with interest upon the overdue principal; and (if any) and, to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and premium, if any, and on any overdue interest (including Additional Amounts, if any), calculated using the Debentures are held by the Trust or a trustee of the TrustInterest Rate, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Curagen Corp)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Debentures, and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture)90 Business Days; or (ii2) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, then, upon demand of the Trustee, the Company shall pay to the Trustee, for the benefit of the holders of the Debentures, the whole amount that then shall have been become due and payable on all such Debentures for principal or interest, or both, as the case may be, with interest upon the overdue principalprincipal and upon overdue installments of interest at the rate per annum expressed in the Debentures; and (to the extent that payment of such interest is enforceable under applicable law and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 9.7. (b) If the Company shall fail to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the Debentures, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, Company or the creditors or property of eitherthereof, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of an Event of Default hereunder which is continuinghereunder, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceeding.

Appears in 1 contract

Samples: Indenture (Indiana United Bancorp)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i1) in case it shall a default is made in the payment of any installment of interest (including Additional Interest, if any) on any of the DebenturesNote when such interest (including Additional Interest, if any) becomes due and payable and such default shall have continued continues for a period of thirty 30 days, or (302) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default is made in the payment of the principal of or premium, if any, on any of Note at the Debentures when maturity thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Notes, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures Notes for principal or interestand premium, or bothif any, as the case may beand interest (including Additional Interest, with interest upon the overdue principal; and (if any) and, to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and premium, if any, and on any overdue interest (including Additional Interest, if any), calculated using the Debentures are held by the Trust or a trustee of the TrustInterest Rate, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Exchange and Redemption Agreement (Ciphergen Biosystems Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i1) in case it shall default a Default or Event of Default is made in the payment of any installment of interest (including Additional Amounts, if any) on any of the DebenturesSecurity when such interest (including Additional Amounts, if any) becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture)30 days; or (ii2) in case it shall default a Default or Event of Default is made in the payment of the principal of or premium, if any, on any of Security at the Debentures when Maturity thereof; the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2) on all such Debentures Securities for principal or interestand premium, or bothif any, as the case may beand interest (including Additional Amounts, with interest upon the overdue principal; and (if any) and, to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and premium, if any, and on any overdue interest (including Additional Amounts, if any), calculated using the Debentures are held by the Trust or a trustee of the TrustInterest Rate, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Vitesse Semiconductor Corp)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company Each Issuer, jointly and severally, covenants that if (i) in case it shall default is made in the payment of any installment of interest or prepayment premium on any of Note when the Debenturessame becomes due and payable, and such default shall have continued continues for a period of thirty three (303) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); Business Days or (ii) in case it shall default is made in the payment of the principal of any of the Debentures Note when the same shall have become becomes due and payable, whether upon maturity of the Debentures by acceleration or upon redemption or upon declaration or otherwiseat stated maturity, thensuch Issuer will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Notes, the whole amount that then shall have been become due and payable on all such Debentures Notes for principal or and interest, or both, as the case may be, with interest upon the overdue principal; and (, and, to the extent that payment at such rate of such interest is enforceable under applicable law andshall be legally enforceable, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest or prepayment premium, at the rate per annum expressed in Note Rate borne by the Debentures; andNotes or any other applicable default rate, and in addition thereto, thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and the amount payable to advances of the Trustee under Section 9.7. (b) If and each of its agents and counsel. In case the Company Issuers shall fail forthwith to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the TrusteeTrustee may or shall, at the direction of the Required Noteholders, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity a proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce the same against any such judgment one or final decree against more of the Company Issuers or other obligor upon the Debentures such Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property Collateral, wherever situated, the monies adjudged or decreed to be payable. If an Event of Default occurs and is continuing, the Trustee may, as more particularly provided in Section 9.4, in its discretion, proceed to protect and enforce its rights and the rights of the Company Noteholders, by such appropriate proceedings as the Trustee shall deem most effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in the Indenture or any other Related Document or in aid of the exercise of any power granted herein or therein, or to enforce any other proper remedy or legal or equitable right vested in the Trustee by the Indenture, any other Related Document or by law. In case there shall be pending, relative to any Issuer, any other obligor upon the DebenturesNotes or any Person having or claiming an ownership interest in any Issuer Assets, wherever situated. (c) In proceedings under the Bankruptcy Code or any other applicable federal or state bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of any Issuer or its property or such other obligor or such Person or the property of such other obligor or such Person, or in the case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or other comparable judicial proceedings affecting relative to any Issuer, other obligor upon the Company, the Trust, Notes or such Person or to the creditors or property of eitherany Issuer, such other obligor or such Person, the Trustee, irrespective of whether the principal of any Notes shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have power made any demand pursuant to intervene the provisions of this Section 9.3, shall be entitled and empowered, by intervention in such proceedings or otherwise: (i) to file and take prove a claim or claims for the whole amount of principal, interest and prepayment premium owing and unpaid in respect of the Notes and any action therein that may be permitted by the court other Issuer Obligations and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for reasonable compensation to the Trustee and each predecessor Trustee, and their respective agents, attorneys and counsel, and for reimbursement of all expenses and liabilities incurred, and all advances made, by the Trustee and each predecessor Trustee, except as a result of negligence, bad faith or willful misconduct) and of the holders Noteholders allowed in such proceedings; (ii) unless prohibited by applicable law and regulations, to vote on behalf of the Debentures allowed for Holders of the entire amount due and payable by the Company under this Indenture at the date Notes in any election of institution of a trustee, a standby trustee or person performing similar functions in any such proceedings and for any additional amount that may become due and payable by the Company after such date, and proceedings; (iii) to collect and receive any moneys monies or other property payable or deliverable on any such claim, claims and to distribute all amounts received with respect to the same after the deduction claims of the amount payable Noteholders and of the Trustee on their behalf; and (iv) to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee or the Holders of the Notes allowed in any judicial proceedings relative to the Trustee under Section 9.7; Issuers, such other obligor upon the Notes, any Person claiming an ownership interest in the Issuer Assets, their respective creditors and any their property. Any trustee, receiver, assignee liquidator, custodian or trustee other similar official in bankruptcy or reorganization any such proceeding is hereby authorized by each of the holders of the Debentures such Noteholders to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such DebentureholdersNoteholders, to pay to the Trustee such amounts as shall be sufficient to cover reasonable compensation to the Trustee, each predecessor Trustee and their respective agents, attorneys and counsel, and all other expenses and liabilities incurred, and all advances made, by the Trustee and each predecessor Trustee except as a result of negligence or bad faith. Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or vote for or accept or adopt on behalf of any amount due it under Section 9.7. (d) Noteholder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Noteholder in any such proceeding except, as aforesaid, to vote for the election of a trustee in bankruptcy or similar person. All rights of action and of asserting claims under this the Indenture, or under any of the terms established with respect to the DebenturesNotes, may be enforced by the Trustee without the possession of any of such Debentures, the Notes or the production thereof at in any trial or other proceeding proceedings relative thereto, and any such suit action or proceeding proceedings instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shalljudgment, after provision for payment subject to the payment of the expenses, disbursements and compensation of the Trustee, each predecessor Trustee of any amounts due under Section 9.7and their respective agents and attorneys, shall be for the ratable benefit of the holders Holders of the DebenturesNotes and the other Secured Parties. In case any proceedings brought by the Trustee (and also any proceedings involving the interpretation of an Event any provision of Default hereunder the Indenture to which is continuingthe Trustee shall be a party), the Trustee may in its discretion proceed shall be held to protect and enforce represent all the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid Holders of the exercise of Notes, and it shall not be necessary to make any power granted in this Indenture, or Noteholder a party to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproceedings.

Appears in 1 contract

Samples: Indenture Agreement (Amerco /Nv/)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (ia) in case it shall default a Default or Event of Default is made in the payment of any installment of interest Interest and Additional Interest, if any, on any of the DebenturesNote when such Interest and Additional Interest, if any, becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days; or (30b) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default is made in the payment of the principal of Principal on any of the Debentures Note when the same shall have become becomes due and payablepayable at its Stated Maturity, whether upon maturity of the Debentures or upon redemption or upon declaration when due for purchase by the Company or otherwise, thenthen the Company will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Notes, the whole amount that entire Principal then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures Notes for principal or interestany such amounts and, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andlegally enforceable, Interest or Additional Interest, if the Debentures are held by the Trust or a trustee of the Trustany, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; on such Notes, 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Mindspeed Technologies, Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i1) in case it shall default a Default or Event of Default occurs in the payment of any installment of interest (including Liquidated Damages, if any) on any of the DebenturesSecurity when such interest (including Liquidated Damages, if any) becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days, or (302) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default occurs in the payment of the principal of any of Security at the Debentures when Maturity thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany shall, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures Securities for principal or interestand interest (including Liquidated Damages, or bothif any) and, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and on any overdue interest (including Liquidated Damages, if the Debentures are held by the Trust or a trustee of the Trustany), without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest each case at the rate per annum expressed in the Debentures; Interest Rate, 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Equinix Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Debentures, and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture)30 days; or (ii2) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, then, upon demand of the Trustee, the Company shall pay to the Trustee, for the benefit of the holders of the Debentures, the whole amount that then shall have been become due and payable on all such Debentures for principal or interest, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 9.7. (b) If the Company shall fail to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the Debentures, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, Company or the creditors or property of eitherthereof, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of an Event of Default hereunder which is continuinghereunder, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceeding.

Appears in 1 contract

Samples: Indenture (Intrust Capital Trust)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company Each of the Issuer and Company, jointly and severally, covenants that if: (i1) in case it shall a default is made in the payment of any installment of interest [(including Additional Interest, if any)] on any of the DebenturesNote when such interest [(including Additional Interest, if any)] becomes due and payable and such default shall have continued continues for a period of thirty 30 days, or (302) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default is made in the payment of the principal of or premium, if any, on any of Note at the Debentures when maturity thereof, the same shall have become due Issuer and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Notes, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 5.2 hereof) on all such Debentures Notes for principal or interestand premium, or bothif any, as the case may beand interest [(including Additional Interest, with interest upon the overdue principal; and (if any)] and, to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and premium, if any, and on any overdue interest [(including Additional Interest, if any)], calculated using the Debentures are held by the Trust or a trustee of the Trustapplicable interest rate specified in Section 2.1(c) hereof, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 the Issuer and the amount payable to the Trustee under Section 9.7. (b) If the Company shall fail to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Issuer and/or the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon Issuer and/or the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Lions Gate Entertainment Corp /Cn/)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i1) in case it shall a default is made in the payment of any installment of interest (including Liquidated Damages, if any) on any of the DebenturesNote when such interest (including Liquidated Damages, if any) becomes due and payable and such default shall have continued continues for a period of thirty 30 days, or (302) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default is made in the payment of the principal of or premium, if any, on any of Note at the Debentures when maturity thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Notes, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures Notes for principal or interestand premium, or bothif any, as the case may beand interest (including Liquidated Damages, with interest upon the overdue principal; and (if any) and, to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and premium, if any, and on any overdue interest (including Liquidated Damages, if any), calculated using the Debentures are held by the Trust or a trustee of the TrustInterest Rate, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Radisys Corp)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i1) in case it shall default a Default or Event of Default occurs in the payment of any installment of interest on any of the Debentures, Security when such interest becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days, or (302) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default occurs in the payment of the principal of or premium, if any, on any of Security at the Debentures when Maturity thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany shall, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures Securities for principal or interestand premium, or bothif any, as the case may beand interest and, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and premium, if the Debentures are held by the Trust or a trustee of the Trustany, without duplication of and on any other amounts paid by the Trust or trustee overdue interest, in respect thereof) upon overdue installments of interest each case at the rate per annum expressed in the Debentures; Interest Rate, 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Cyberonics Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Debentures, and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, then, upon demand of the Trustee, the Company shall pay to the Trustee, for the benefit of the holders of the Debentures, the whole amount that then shall have been become due and payable on all such Debentures for principal or interest, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 9.7. (b) If the Company shall fail to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the Debentures, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in 32NEXT PAGE such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of an Event of Default hereunder which is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceeding.

Appears in 1 contract

Samples: Indenture (Itla Capital Corp)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (ia) in case it shall default a Default or Event of Default occurs in the payment of any installment of interest on any of the Debentures, Security when such interest becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days, or (30b) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default occurs in the payment of the principal of or premium, if any, on any of Security at the Debentures when Maturity thereof or any Fundamental Change Purchase Price, including any Make Whole Premium, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany shall, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 7.02 hereof) on all such Debentures Securities for principal or interestand premium, or bothif any, as the case may beand interest and, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and premium, if the Debentures are held by the Trust or a trustee of the Trustany, without duplication of and on any other amounts paid by the Trust or trustee overdue interest, in respect thereof) upon overdue installments of interest each case at the rate per annum expressed in the Debentures; Interest Rate, 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: First Supplemental Indenture (Mannkind Corp)

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Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Debentures, and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture)30 days; or (ii) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, then, upon demand of the Trustee, the Company shall pay to the Trustee, for the benefit of the holders of the Debentures, the whole amount that then shall have been become due and payable on all such Debentures for principal or interest, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 9.7. (b) If the Company shall fail to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon the Debentures and collect the moneys money adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the Debentures, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys money or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, -27- 34 assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of an Event of Default hereunder which is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceeding.

Appears in 1 contract

Samples: Indenture (Team Financial Capital Trust I)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if (i1) in case it shall default is made in the payment of any installment of interest (including Liquidated Damages, if any) on any of the DebenturesSecurity when such interest (including Liquidated Damages, if any) becomes due and payable and such default shall have continued continues for a period of thirty 30 days, or (302) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default is made in the payment of the principal of or premium, if any, on any of Security at the Debentures when Maturity thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2) on all such Debentures Securities for principal or interestand premium, or bothif any, as the case may beand interest (including Liquidated Damages, with interest upon the overdue principal; and (if any) and, to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and premium, if the Debentures are held by the Trust or a trustee of the Trustany, without duplication of and on any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest (including Liquidated Damages, if any), at the rate per annum expressed in borne by the Debentures; 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Comverse Technology Inc/Ny/)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company Each of the Issuer and Company, jointly and severally, covenants that if: (i1) in case it shall a default is made in the payment of any installment of interest (including Additional Interest, if any) on any of the DebenturesNote when such interest (including Additional Interest, if any) becomes due and payable and such default shall have continued continues for a period of thirty 30 days, or (302) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default is made in the payment of the principal of or premium, if any, on any of Note at the Debentures when maturity thereof, the same shall have become due Issuer and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Notes, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 5.2 hereof) on all such Debentures Notes for principal or interestand premium, or bothif any, as the case may beand interest (including Additional Interest, with interest upon the overdue principal; and (if any) and, to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and premium, if any, and on any overdue interest (including Additional Interest, if any), calculated using the Debentures are held by the Trust or a trustee of the Trustapplicable interest rate specified in Section 2.1(c) hereof, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 the Issuer and the amount payable to the Trustee under Section 9.7. (b) If the Company shall fail to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Issuer and/or the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon Issuer and/or the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Lions Gate Entertainment Corp /Cn/)

Collection of Indebtedness and Suits for Enforcement by the Trustee. The Issuer covenants that if: (a) The Company covenants that (i) in case it shall default a Default or Event of Default occurs in the payment of any installment of interest (including Additional Interest, if any) on any of the DebenturesNote when such interest (including Additional Interest, if any) becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days, or (30b) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default occurs in the payment of the principal of any Note at the date on which the principal of the Debentures when the same shall have become such Note becomes due and payablepayable as therein or herein provided, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenIssuer shall, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Notes, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures Notes for principal or interestand interest (including Additional Interest, or bothif any) and, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of interest on any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest principal at the rate per annum expressed in the Debentures; Rate of Interest, and, in addition thereto, such further amount amounts as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail Issuer fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures Issuer and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesIssuer, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (BMB Munai Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i1) in case it shall default a Default or Event of Default is made in the payment of any installment of interest (including Contingent Interest and Additional Interest, if any) on any of the DebenturesSecurity when such interest (including Contingent Interest and Additional Interest, if any) becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days; or (302) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default is made in the payment of the principal of any of Security at the Debentures when Maturity thereof; the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2) on all such Debentures Securities for principal or interestand interest (including Contingent Interest and Additional Interest, or bothif any) and, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and on any overdue interest (including Contingent Interest and Additional Interest, if any) calculated using the Debentures are held by the Trust or a trustee of the TrustInterest Rate, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its Agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (L 3 Communications Holdings Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i1) in case it shall default a Default or Event of Default is made in the payment of any installment of interest Interest or Additional Interest, if any, on any of the DebenturesSecurity when such Interest or Additional Interest, if any, becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days; or (302) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default is made in the payment of the principal of Principal on any of the Debentures Security when the same shall have become becomes due and payablepayable at its Stated Maturity, whether upon maturity of the Debentures or upon redemption or redemption, upon declaration when due for purchase by the Company or otherwise, thenthen the Company will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that entire Principal then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures Securities for principal or interestany such amounts and, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andlegally enforceable, Interest and Additional Interest, if the Debentures are held by the Trust or a trustee of the Trustany, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Networks Associates Inc/)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants Co-Issuers covenant that (i) if a default shall occur in case it shall default in respect of the payment of any installment principal of or interest when due and payable on any of the DebenturesNotes, and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCo-Issuers shall, upon demand of the Trustee, the Company shall pay to the Trustee, for the benefit of the holders Holders of the Debenturessuch Notes, the whole amount that amount, if any, then shall have been become due and payable on all such Debentures Notes for principal or interest, or both, as the case may be, and interest with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; applicable Interest Rate, 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 the amount payable to advances of the Trustee under Section 9.7. (b) and its agents and counsel. If the Company shall fail Issuer or the Co-Issuer fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may, and shall be entitled and empowered to upon written direction of a Supermajority of the Controlling Class, institute any action or proceedings at law or in equity a Proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding Proceeding to judgment or final decree, and may enforce any such judgment or final decree the same against the Company Applicable Issuers or any other obligor upon the Debentures Notes and collect the moneys Monies adjudged or decreed to be payable in the manner provided by law out of the property Assets. If an Event of Default occurs and is continuing, the Trustee may, and shall upon written direction of the Company Supermajority of the Controlling Class, proceed to protect and enforce its rights and the rights of the Secured Parties by such appropriate Proceedings as the Trustee shall deem most effectual (if no such direction is received by the Trustee) or as the Trustee may be directed by the Supermajority of the Controlling Class, 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 Trustee by this Indenture or by law. In case there shall be pending Proceedings relative to the Issuer or the Co-Issuer or any other obligor upon the Notes under the Bankruptcy Law or any other applicable bankruptcy, insolvency or other similar law or, in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Issuer, the Co-Issuer or their respective property or such other obligor or its property, or in case of any other comparable Proceedings relative to the Issuer, the Co-Issuer or other obligor upon the Debentures, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the TrustNotes, or the creditors or property of eitherthe Issuer, the Co-Issuer or such other obligor, the Trustee, regardless of whether the principal of any Notes shall then be due and payable as therein expressed or by declaration or otherwise and regardless of whether the Trustee shall have power made any demand pursuant to intervene the provisions of this Section 5.3, shall be entitled and empowered, by intervention in such proceedings Proceedings or otherwise: (a) to file and take any action therein that may be permitted by prove a claim or claims for the court whole amount of principal and shall (except interest owing and unpaid in respect of the Notes, as may be otherwise provided by law) be entitled applicable, and to file such proofs of claim and other papers and or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for reasonable compensation to the Trustee and each predecessor Trustee, and their respective agents, attorneys and counsel, and for reimbursement of all reasonable expenses and liabilities incurred, and all advances made, by the Trustee and each predecessor Trustee, except as a result of negligence or bad faith) and of the holders Holders of the Debentures Notes or Holders allowed for in any Proceedings relative to the entire amount due Issuer, the Co-Issuer or such other obligor upon the Notes or to the creditors or property of the Issuer, the Co-Issuer or such other obligor; (b) unless prohibited by applicable law and payable by regulations, to vote on behalf of the Company under this Indenture at Holders of the date of institution Notes upon the direction of such proceedings and for Holders, in any additional amount that may become due and payable by the Company after such dateelection of a trustee or a standby trustee in arrangement, and reorganization, liquidation or other bankruptcy or insolvency Proceedings or person performing similar functions in comparable Proceedings; and (c) to collect and receive any moneys Monies or other property payable to or deliverable on any such claimclaims, and to distribute all amounts received with respect to the same after the deduction claims of the amount payable to Holders and of the Trustee under Section 9.7on their behalf; and any receivertrustee, assignee receiver or trustee in bankruptcy liquidator, custodian or reorganization other similar official is hereby authorized by each of the holders Holders of the Debentures Notes to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, the Holders of the Notes to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect such amounts as shall be sufficient to cover reasonable compensation to the DebenturesTrustee, may be enforced each predecessor Trustee and their respective agents, attorneys and counsel, and all other reasonable expenses and liabilities incurred, and all advances made, by the Trustee without the possession and each predecessor Trustee except as a result of any of such Debentures, negligence or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of an Event of Default hereunder which is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by lawbad faith. Nothing herein contained herein shall be deemed to authorize the Trustee to authorize or consent to or vote for or accept or adopt on behalf of any Debentureholder Holders of the Notes, any plan of reorganization, arrangement, adjustment or composition affecting the Debentures Notes or the rights of any holder thereof Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Debentureholder Holders of the Notes in any such proceedingProceeding except, as aforesaid, to vote for the election of a trustee in bankruptcy or similar person. In any Proceedings brought by the Trustee on behalf of the Holders of the Notes (and any such Proceedings involving the interpretation of any provision of this Indenture to which the Trustee shall be a party), the Trustee shall be held to represent all the Holders of the Notes. Notwithstanding anything in this Section 5.3 to the contrary, the Trustee may not sell or liquidate the Assets or institute Proceedings in furtherance thereof pursuant to this Section 5.3 except according to the provisions specified in Section 5.5(a).

Appears in 1 contract

Samples: Indenture (Bain Capital Specialty Finance, Inc.)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (ia) in case it shall default is made in the payment of any installment of interest on any of the Debentures, Note when such interest becomes due and payable and such default shall have continued continues for a period of thirty 30 days, or (30b) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default is made in the payment of the principal of or premium, if any, on any of Note at the Debentures when Maturity thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany, upon demand of the Trustee, the Company shall will pay to the Trustee, for the benefit of the holders Holders of the Debenturessuch Notes, the whole defaulted amount that then shall have been become due and payable on all such Debentures Notes for principal or principal, premium, if any, and interest, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest on overdue interest is enforceable under applicable law and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereoflaw) upon overdue installments of interest interest, at the applicable rate per annum expressed provided in the Debentures; Section 2.03, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including reasonable compensation, expenses, disbursements and advances of the amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to at the request of the Holders of a majority in aggregate principal amount of the Outstanding Notes, will institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may will prosecute any such action or proceeding to judgment or final decree, decree and may will enforce any such judgment or final decree against the Company or any other obligor upon on the Debentures Notes and collect the moneys money adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon on the DebenturesNotes, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may at the request of the Holders of a majority in its discretion aggregate principal amount of the Outstanding Notes will proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders by such appropriate judicial proceedings as the Trustee such Holders shall deem most effectual request to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Prime Service Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i1) in case it shall default a Default or Event of Default is made in the payment of any installment of interest Interest on any of the Debentures, Security when such Interest becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days; or (302) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default is made in the payment of the principal of Principal on any of the Debentures Security when the same shall have become becomes due and payablepayable at its Stated Maturity, whether upon maturity of the Debentures or upon redemption or upon declaration exercise of the repurchase right or otherwise, thenthen the Company will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that entire Principal then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures Securities for principal or interestany such amounts and, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of legally enforceable, Interest on such interest is enforceable under applicable law andSecurities, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Alloy Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company Corporation covenants that if (i1) in case it shall default is made in the payment of any installment of interest on any of the Debentures, Security when such interest becomes due and payable and such default shall have continued continues for a period of thirty 30 days, or (302) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default is made in the payment of the principal of (or premium, if any, on) any of Security at the Debentures when Maturity thereof. then the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCorporation will, upon demand of the Trustee, the Company shall pay to the Trustee, Trustee for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that then shall have been become due and payable on all such Debentures Securities for principal or (and premium, if any) and interest, or both, as the case may be, with and interest upon the on any overdue principal; principal (and (to the extent that payment of such interest is enforceable under applicable law andpremium, if the Debentures are held by the Trust or a trustee of the Trustany) and on any overdue interest, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed or rates prescribed therefor in the Debentures; 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail Corporation fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company Corporation or any other obligor upon the Debentures such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Corporation or any other obligor upon the Debenturessuch Securities, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which with respect to Securities of any series (or of all series, as the case may be) occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities of such series (or of all series, as the case may be) by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Mosaic Co)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a1) The Company covenants that (ia) in case it shall default in the payment of any installment of interest on any of the DebenturesOffered Securities, and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); 30 days, or (iib) in case it shall default in the payment of the principal of of, or premium, if any, on any of the Debentures Offered Securities when the same shall have become due and payable, whether upon maturity of the Debentures Stated Maturity or upon redemption or upon declaration of acceleration or otherwise, then, upon demand of the Trustee, the Company shall will pay to the Trustee, for the benefit of the holders Holders of the DebenturesOffered Securities, the whole amount that then shall have been become due and payable on all such Debentures Offered Securities for principal principal, premium, if any, or interest, if any, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andlaw) upon the overdue principal, premium, if the Debentures are held by the Trust or a trustee of the Trustany, without duplication of any other amounts paid by the Trust or trustee in respect thereof) and upon overdue installments of interest at the rate per annum expressed in the DebenturesOffered Securities; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 9.76.07 of the Base Indenture. (b2) If the Company shall fail to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums amounts so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon the Debentures any Guarantor and collect the moneys amounts adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the Debenturessuch Guarantor, wherever situated. (c3) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, Company or the any Guarantor or its respective creditors or property of eitherproperty, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (and, except as may be otherwise provided by law) , shall be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders Holders of the Debentures Offered Securities allowed for the entire amount due and payable by the Company under this the Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys funds or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under in accordance with Section 9.7; and any 7.4 hereof. Any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders Holders of the Debentures Offered Securities to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such DebentureholdersHolders, to pay to the Trustee any amount due it under Section 9.76.07 of the Base Indenture or as otherwise set forth in this First Supplemental Indenture. (d4) All rights of action and of asserting claims under this Indenture, or under any of the terms established Indenture with respect to the Debentures, Offered Securities may be enforced by the Trustee without the possession of any of such DebenturesOffered Securities, or the production thereof at any trial or other proceeding relative thereto. When the Trustee incurs expenses or renders services after an Event of Default specified in Section 7.1(1)(h) or Section 7.1(1)(j) hereof occurs, the expenses (including the reasonable fees and expenses of its counsel) and the compensation for the services are intended to constitute expenses of administration under any applicable bankruptcy, insolvency or other similar law. Any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7the Indenture, be for the ratable benefit of the holders Holders of the Debentures. Offered Securities. (5) In case of an Event of Default hereunder which is continuingDefault, the Trustee may in its discretion may proceed to protect and enforce the rights vested in it by this the Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this the Indenture or in aid of the exercise of any power granted in this the Indenture, or to enforce any other legal or equitable right vested in the Trustee by this the Indenture or by law. . (6) Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder Holder of Offered Securities any plan of reorganization, arrangement, adjustment or composition affecting the Debentures Offered Securities or the rights of any holder Holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder Holder in any such proceeding.

Appears in 1 contract

Samples: First Supplemental Indenture (Eagle Materials Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. The Issuer covenants that if: (a) The Company covenants that (i) in case it shall default a Default or Event of Default occurs in the payment of any installment of interest (including Supplemental Interest, if any) on any of the DebenturesNote when such interest (including Supplemental Interest, if any) becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days, or (30b) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default occurs in the payment of the principal of any Note at the date on which the principal of the Debentures when the same shall have become such Note becomes due and payablepayable as therein or herein provided, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenIssuer shall, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Notes, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures Notes for principal or interestprincipal, or bothEvent of Default Premium and interest (including Supplemental Interest, as the case may beif any) and, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, if the Debentures are held by the Trust or a trustee interest on any overdue principal and Event of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest Default Premium at the rate per annum expressed in the Debentures; Rate of Interest, and Event of Default Premium (if any) and, in addition thereto, such further amount amounts as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail Issuer fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures Issuer and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesIssuer, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (BMB Munai Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (ia) in case it shall a default is made in the payment of any installment of interest (including Additional Interest, if any) on any of the DebenturesNote when such interest (including Additional Interest, if any) becomes due and payable and such default shall have continued continues for a period of thirty 30 days; or (30b) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default is made in the payment of the principal of or premium, if any, on any of Note at the Debentures when maturity thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Notes, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.02) on all such Debentures Notes for principal or interestand premium, or bothif any, as the case may beand interest (including Additional Interest, with interest upon the overdue principal; and (if any) and, to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and premium, if any, and on any overdue interest (including Additional Interest, if any), calculated using the Debentures are held by the Trust or a trustee of the Trustapplicable interest rate specified in Section 2.01(c), without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Lecroy Corp)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (ia) in case it shall default a Default or Event of Default is made in the payment of any installment of interest (including Liquidated Damages, if any) on any of the DebenturesSecurity when such interest (including Liquidated Damages, if any) becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days, or (30b) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default is made in the payment of the principal of on any of Security at the Debentures when Maturity thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures Securities for principal or interestand interest (including Liquidated Damages, or bothif any) and, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and on any overdue interest (including Liquidated Damages, if any), calculated using the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments rate of interest at on the rate per annum expressed in the Debentures; Security, 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Nektar Therapeutics)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Debentures, and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture)30 days; or (ii) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, then, upon demand of the Trustee, the Company shall pay to the Trustee, for the benefit of the holders of the Debentures, the whole amount that then shall have been become due and payable on all such Debentures for principal or interest, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 9.7. (b) If the Company shall fail to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the Debentures, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, Company or the creditors or property of eitherthereof, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of an Event of Default hereunder which is continuinghereunder, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceeding.

Appears in 1 contract

Samples: Indenture (First America Capital Trust)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Debentures, and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, then, upon demand of the Trustee, the Company shall pay to the Trustee, for the benefit of the holders of the Debentures, the whole amount that then shall have been become due and payable on all such Debentures for principal or interest, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 9.7. (b) If the Company shall fail to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the Debentures, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such DebentureholdersDebenture holders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of an Event of Default hereunder which is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder Debenture holder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder Debenture holder in any such proceeding.

Appears in 1 contract

Samples: Indenture (NPB Capital Trust Ii)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i1) in case it shall default a Default or Event of Default is made in the payment of any installment of interest Interest (including Liquidated Damages, if any) on any of the Debentures, Security when such Interest becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days; or (302) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default is made in the payment of the principal of Principal on any of the Debentures Security when the same shall have become becomes due and payable, whether upon maturity of then the Debentures or upon redemption or upon declaration or otherwise, thenCompany will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that entire Principal then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures Securities for principal or interestany such amounts and, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of legally enforceable, Interest on such interest is enforceable under applicable law andSecurities, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (America West Holdings Corp)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (ia) in case it shall default a Default or Event of Default is made in the payment of any installment of interest Interest and Additional Interest, if any, on any of the DebenturesNote when such Interest and Additional Interest, if any, becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days; or (30b) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default is made in the payment of the principal of Principal on any of the Debentures Note when the same shall have become becomes due and payablepayable at its Stated Maturity, whether upon maturity of the Debentures or upon redemption or redemption, upon declaration when due for purchase by the Company or otherwise, thenthen the Company will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Notes, the whole amount that entire Principal then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures Notes for principal or interestany such amounts and, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andlegally enforceable, Interest or Additional Interest, if the Debentures are held by the Trust or a trustee of the Trustany, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; on such Notes, 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Infocrossing Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (ia) in case it shall default is made in the payment of any installment of interest on any of the Debentures, Series B Note when such interest becomes due and payable and such default shall have continued continues for a period of thirty 30 days, or (30b) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default is made in the payment of the principal of or premium, if any, on any of Series B Note at the Debentures when Maturity thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany, upon demand of the Trustee, the Company shall will pay to the TrusteeTrustee in accordance with this Indenture, for the benefit of the holders Holders of the Debenturessuch Series B Notes, the whole defaulted amount that then shall have been become due and payable on all such Debentures Series B Notes for principal or principal, premium, if any, and interest, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest on overdue interest is enforceable under applicable law and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereoflaw) upon overdue installments of interest interest, at the applicable rate per annum expressed provided in the Debentures; Section 2.03, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including reasonable compensation, expenses, disbursements and advances of the amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to at the request of the Holders of a majority in aggregate principal amount of the Outstanding Series B Notes, will institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may will prosecute any such action or proceeding to judgment or final decree, decree and may will enforce any such judgment or final decree against the Company or any other CSK Group, Ltd. Series B Indenture 34 obligor upon on the Debentures Series B Notes and collect the moneys money adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon on the DebenturesSeries B Notes, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may at the request of the Holders of not less than 40% in its discretion aggregate principal amount of the Outstanding Series B Notes will proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders by such appropriate judicial proceedings as the Trustee such Holders shall deem most effectual request to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (CSK Auto Corp)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Debentures, and such default shall have continued for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture)30 days; or (ii) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, then, upon demand of the Trustee, the Company shall pay to the Trustee, for the benefit of the holders of the Debentures, the whole amount that then shall have been become due and payable on all such Debentures for principal or interest, or both, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 9.7.. -27- (b) If the Company shall fail to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to institute any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company or other obligor upon the Debentures and collect the moneys money adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the Debentures, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys money or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of an Event of Default hereunder which is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceeding.

Appears in 1 contract

Samples: Indenture (Old Second Bancorp Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i1) in case it shall default a Default or Event of Default is made in the payment of any installment of interest (including Liquidated Damages, if any) on any of the DebenturesDebenture when such interest (including Liquidated Damages, if any) becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty 30 days, or (302) days (other than by reason a Default or Event of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii) in case it shall default Default is made in the payment of the principal of or premium, if any, on any of Debenture at the Debentures when Maturity thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany will, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the such Debentures, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.2 hereof) on all such Debentures for principal or interestand premium, or bothif any, as the case may beand interest (including Liquidated Damages, with interest upon the overdue principal; and (if any) and, to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and premium, if any, and on any overdue interest (including Liquidated Damages, if any), calculated using the Debentures are held by the Trust or a trustee of the TrustInterest Rate, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Debentures by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Indenture (Primus Telecommunications Group Inc)

Collection of Indebtedness and Suits for Enforcement by the Trustee. (a) The Company covenants that if: (i) in case it shall default a Default or Event of Default occurs in the payment of any installment of interest (including Liquidated Damages and Additional Tax Amounts, if any) on any of the DebenturesSecurity when such interest (including Liquidated Damages and Additional Tax Amounts, if any) becomes due and payable and such default shall have continued Default or Event of Default continues for a period of thirty (30) days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or 30 days, or (ii) in case it shall default a Default or Event of Default occurs in the payment of the principal of any of Security at the Debentures when Maturity thereof, the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, thenCompany shall, upon demand of the Trustee, the Company shall pay to the Trusteeit, for the benefit of the holders Holders of the Debenturessuch Securities, the whole amount that then shall have been become due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 4.02 hereof) on all such Debentures Securities for principal or interestand interest (including Liquidated Damages and Additional Tax Amounts, or bothif any) and, as the case may be, with interest upon the overdue principal; and (to the extent that payment of such interest is enforceable under applicable law andshall be legally enforceable, interest on any overdue principal and on any overdue interest (including Liquidated Damages and Additional Tax Amounts, if the Debentures are held by the Trust or a trustee of the Trustany), without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest each case at the rate per annum expressed in the Debentures; Interest Rate, 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 amount payable to the Trustee under Section 9.7. (b) Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts set forth in Section 7.2(a) forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, shall be entitled and empowered to may institute any action or proceedings at law or in equity a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, decree and may enforce any such judgment or final decree the same against the Company or other obligor upon the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or other obligor upon the DebenturesCompany, wherever situated. (c) In case of any receivership, insolvency, liquidation, bankruptcy, reorganization, readjustment, arrangement, composition or judicial proceedings affecting the Company, the Trust, or the creditors or property of either, the Trustee shall have power to intervene in such proceedings and take any action therein that may be permitted by the court and shall (except as may be otherwise provided by law) be entitled to file such proofs of claim and other papers and documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Debentures allowed for the entire amount due and payable by the Company under this Indenture at the date of institution of such proceedings and for any additional amount that may become due and payable by the Company after such date, and to collect and receive any moneys or other property payable or deliverable on any such claim, and to distribute the same after the deduction of the amount payable to the Trustee under Section 9.7; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the holders of the Debentures to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such Debentureholders, to pay to the Trustee any amount due it under Section 9.7. (d) All rights of action and of asserting claims under this Indenture, or under any of the terms established with respect to the Debentures, may be enforced by the Trustee without the possession of any of such Debentures, or the production thereof at any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for payment to the Trustee of any amounts due under Section 9.7, be for the ratable benefit of the holders of the Debentures. In case of If an Event of Default hereunder which occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either at law or in equity or in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Debentureholder any plan of reorganization, arrangement, adjustment or composition affecting the Debentures or the rights of any holder thereof or to authorize the Trustee to vote in respect of the claim of any Debentureholder in any such proceedingproper remedy.

Appears in 1 contract

Samples: Senior Indenture (M-Systems Flash Disk Pioneers LTD)

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