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. The Company covenants that if an Event of Default occurs under Section 6.01(a) or Section 6.01(b), then the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Notes, the whole amount then due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 6.02 hereof) on such Notes for principal (including the Fundamental Change Repurchase Price, if applicable) and interest and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (including the Fundamental Change Repurchase Price, if applicable) and on any overdue interest, in each case at the rate borne by the 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 Trustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company, wherever situated. If an Event of Default occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Collection of Indebtedness and Suits for Enforcement by the Trustee. The Company covenants that if an Event of Default occurs under Section 6.01(a) or Section 6.01(b), then the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Notes, the whole amount then due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 6.02 hereof) on such Notes for principal (including the Fundamental Change Repurchase Purchase Price, if applicable) and premium, if any, and interest and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (including the Fundamental Change Repurchase Purchase Price, if applicable) and premium, if any, and on any overdue interest, in each case at the rate borne by the 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 Trustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company, wherever situated. If an Event of Default occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Collection of Indebtedness and Suits for Enforcement by the Trustee. The Company covenants that if an Event of Default occurs under Section 6.01(a) or Section 6.01(b), then the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Notes, the whole amount then due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 6.02 hereof) on such Notes for principal (including the Redemption Price and Fundamental Change Repurchase Purchase Price, if applicable) and premium, if any, and interest and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (including the Redemption Price and the Fundamental Change Repurchase Purchase Price, if applicable) and premium, if any, and on any overdue interest, in each case at the rate borne by the 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 Trustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company, wherever situated. If an Event of Default occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Collection of Indebtedness and Suits for Enforcement by the Trustee. The Company Each Issuer, jointly and severally, covenants that if an Event (i) default is made in the payment of Default occurs under Section 6.01(aany interest or prepayment premium on any Note when the same becomes due and payable, and such default continues for a period of three (3) Business Days or Section 6.01(b)(ii) default is made in the payment of the principal of any Note when the same becomes due and payable, then the Company shallby acceleration or at stated maturity, such Issuer will, upon demand of the Trustee, acting at the direction of the Controlling Party, pay to it, for the benefit of the Holders of such NotesNotes and any Financial Insurance Provider, the whole amount then due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 6.02 hereof) on such Notes for principal (including and interest, with interest upon the Fundamental Change Repurchase Priceoverdue principal, if applicable) and interest and, to the extent that payment at such rate of such interest shall be legally enforceable, upon overdue installments of interest on any overdue principal (including the Fundamental Change Repurchase Priceor prepayment premium, if applicable) and on any overdue interest, in each case at the rate Note Rate borne by the Notes from the required payment dateor any other applicable default rate, and, 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 Trustee, its any Financial Insurance Provider and each of their agents and counsel. If In case the Company fails Issuers shall fail forthwith to pay such amounts 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, may shall institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against any one or more of the Company Issuers or other obligor upon such Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the CompanyCollateral, wherever situated, the moneys adjudged or decreed to be payable. If an Event of Default occurs and is continuing, the Trustee may may, as more particularly provided in Section 9.4, in its discretion discretion, proceed to protect and enforce its rights and the rights of the Holders of Notes Noteholders, by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this the Indenture or any other Related Document or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy.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 Notes or any Person having or claiming an ownership interest in any Issuer Assets, 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 other comparable judicial proceedings relative to any Issuer, other obligor upon the Notes or such Person or to the creditors or property of any 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 made any demand pursuant to the provisions of this Section 9.3, shall be entitled and empowered, by intervention in such proceedings or otherwise:

Collection of Indebtedness and Suits for Enforcement by the Trustee. The Company covenants that if an Event of Default occurs under Section 6.01(adescribed in Sections 4.1(a) or Section 6.01(b)4.1(b) occurs with respect to any Securities, then the Company shallwill, upon demand of the Trustee, pay to it, for the benefit of the Holders of such NotesSecurities, the whole amount then due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 6.02 hereof4.2) on such Notes Securities for principal and premium, if any, and interest (including the Fundamental Change Repurchase PriceAdditional Amounts, if applicableany) and interest and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (including the Fundamental Change Repurchase Priceand premium, if applicable) any, and on any overdue interestinterest (including Additional Amounts, in each case at if any), calculated using the rate borne by the Notes from the required payment dateInterest 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 Trustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company, wherever situated. If an Event of Default occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Notes Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Collection of Indebtedness and Suits for Enforcement by the Trustee. The Company covenants that if an Event of Default occurs under Section 6.01(a) or Section 6.01(b), then the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Notes, the whole amount then due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 6.02 hereof) on such Notes for principal (including the Redemption Price, the Repurchase Price and Fundamental Change Repurchase Price, if applicable) and interest and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (including the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price, if applicable) and on any overdue interest, in each case at the rate borne by the 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 Trustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company, wherever situated. If an Event of Default occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Collection of Indebtedness and Suits for Enforcement by the Trustee. The Company covenants Co-Issuers covenant that if an Event a default shall occur in respect of Default occurs under Section 6.01(a) the payment of any principal of or Section 6.01(b)interest when due and payable on any of the Notes, then the Company Co-Issuers shall, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such Notes, the whole amount amount, if any, then due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 6.02 hereof) on such Notes for principal (including the Fundamental Change Repurchase Price, if applicable) and interest andwith interest upon the overdue principal, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (including the Fundamental Change Repurchase Price, if applicable) and on any overdue interest, in each case at the rate borne by the Notes from the required payment dateapplicable 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 Trustee, Trustee and its agents and counsel. If the Company Issuer or the Co-Issuer fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may may, and shall upon written direction of a Supermajority of the Controlling Class, institute a judicial proceeding Proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding Proceeding to judgment or final decree decree, and may enforce the same against the Company Applicable Issuers or any other obligor upon the Notes and collect the moneys Monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company, wherever situatedAssets. If an Event of Default occurs and is continuing, the Trustee may in its discretion may, and shall upon written direction of the Supermajority of the Controlling Class, proceed to protect and enforce its rights and the rights of the Holders of Notes Secured Parties by such appropriate judicial proceedings 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.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 Notes, or the creditors or property of the 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 made any demand pursuant to the provisions of this Section 5.3, shall be entitled and empowered, by intervention in such Proceedings or otherwise:

Collection of Indebtedness and Suits for Enforcement by the Trustee. The Company covenants that if an Event of Default occurs under Section 6.01(adescribed in Sections 4.1(a) or Section 6.01(b)4.1(b) occurs with respect to any Securities, then the Company shallwill, upon demand of the Trustee, pay to it, for the benefit of the Holders of such NotesSecurities, the whole amount then due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 6.02 hereof4.2) on such Notes Securities for principal and premium, if any, and interest (including the Fundamental Change Repurchase PriceAdditional Amounts, if applicableany) and interest and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (including the Fundamental Change Repurchase Priceand premium, if applicable) any, and on any overdue interestinterest (including Additional Amounts, in each case at if any), calculated using the rate borne by the Notes from the required payment dateInterest 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 Trustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company, wherever situated. If an Event of Default occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Notes Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual necessary to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Collection of Indebtedness and Suits for Enforcement by the Trustee. The Company Each Issuer, jointly and severally, covenants that if an Event (i) default is made in the payment of Default occurs under Section 6.01(aany interest or prepayment premium on any Note when the same becomes due and payable, and such default continues for a period of three (3) Business Days or Section 6.01(b)(ii) default is made in the payment of the principal of any Note when the same becomes due and payable, then the Company shallby acceleration or at stated maturity, such Issuer will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Notes, the whole amount then due and payable (as expressed therein or as a result of any acceleration effected pursuant to Section 6.02 hereof) on such Notes for principal (including and interest, with interest upon the Fundamental Change Repurchase Priceoverdue principal, if applicable) and interest and, to the extent that payment at such rate of such interest shall be legally enforceable, upon overdue installments of interest on any overdue principal (including the Fundamental Change Repurchase Priceor prepayment premium, if applicable) and on any overdue interest, in each case at the rate Note Rate borne by the Notes from the required payment dateor any other applicable default rate, and, 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 Trustee, Trustee and each of its agents and counsel. If In case the Company fails Issuers shall fail forthwith to pay such amounts 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, may shall institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against any one or more of the Company Issuers or other obligor upon such Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the CompanyCollateral, wherever situated, the monies adjudged or decreed to be payable. If an Event of Default occurs and is continuing, the Trustee may may, as more particularly provided in Section 9.4, in its discretion discretion, proceed to protect and enforce its rights and the rights of the Holders of Notes Noteholders, by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this the Indenture or any other Related Document or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy.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 Notes or any Person having or claiming an ownership interest in any Issuer Assets, 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 other comparable judicial proceedings relative to any Issuer, other obligor upon the Notes or such Person or to the creditors or property of any 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 made any demand pursuant to the provisions of this Section 9.3, shall be entitled and empowered, by intervention in such proceedings or otherwise: