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

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, any Security of any series when such interest or Additional Amounts shall become due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 54 contracts

Samples: Indenture (Axos Financial, Inc.), Indenture (Axos Financial, Inc.), Indenture (Fat Brands, Inc)

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Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if: (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, ; or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof; or (3) default is made in the deposit of any sinking fund payment, when and as due by the terms of a Security; the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. . (b) 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 decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other . (c) If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 22 contracts

Samples: Indenture (Tiptree Inc.), Indenture (Exela Technologies, Inc.), Indenture (Exela Technologies, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security of any series at the Maturity thereof, or (3) default is made in the payment of any sinking or analogous obligation when the same becomes due by the terms of the Securities of any series, and any such default continues for any period of grace provided with respect to the Securities of such series, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce secure any other proper remedy.

Appears in 19 contracts

Samples: Senior Debt Indenture (Interline Brands, Inc./De), Subordinated Debt Indenture (Interline Brands, Inc./De), Subordinated Debt Indenture (Interline Brands, Inc./De)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series or coupon, if any, when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereofthereof and such default continues for a period of 10 days, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such SecuritiesSecurities or coupons, if any, the whole amount then due and payable on such Securities for principal and any premium principal, premium, if any, and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium principal, premium, if any, and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securitiescoupons, the Securities’ Yield to Maturity)if any, 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, and all other amounts due the Trustee under Section 6.7. If the Company fails to pay such principal, premium, if any, and interest 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 such principal, premium, if any, and interest amounts so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situatedCompany. In addition, if any other an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 16 contracts

Samples: Indenture (Americas Carmart Inc), Indenture (Universal Logistics Holdings, Inc.), Indenture (Pam Transportation Services Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1a) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, or (c) default is made in the deposit of any sinking fund payment, if any, when and as due by the terms of a Security, then, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, reasonable expenses, disbursements and advances of the Trustee, its agents and counsel, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to any Securities of any series Series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 13 contracts

Samples: Indenture (Palantir Technologies Inc.), Indenture (Smart Sand, Inc.), Indenture (Precision Biosciences Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Corporation covenants that if: (1) default Default is made in the payment of any interest on, or any Additional Amounts with respect to, any Security of any series when such interest or Additional Amounts shall become due and payable and such default continues for a period of 30 days, or (2) default Default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, the Company Corporation will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company Corporation 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 Corporation or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company Corporation or any other obligor upon such Securities, wherever situated. In addition, if any other Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 10 contracts

Samples: Indenture (Amerant Bancorp Inc.), Indenture (FNB Corp/Pa/), Indenture (FNB Corp/Pa/)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1a) default is made in the payment of any installment of interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, payable; or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof; or (c) default is made in the payment of any sinking or purchase fund or analogous obligation when the same becomes due by the terms of the Securities of any series; and any such default continues for any period of grace provided with respect to the Securities of such series, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holder of any such Security (or the Holders of any such Securitiesseries in the case of clause (b) above), the whole amount then due and payable on any such Security (or on the Securities of any such series in the case of clause (b) above) for principal (and any premium premium, if any) and interest oninterest, and Additional Amounts with respect to, andinterest, to the extent that payment of such interest shall be legally enforceable, interest on any upon the overdue principal (and premium premium, if any) and on any upon overdue interest or Additional Amountsinstallments of interest, at the such rate or rates as may be prescribed therefor in by the terms of any such Securities Security (or of Securities of any such series in the case of Original Issue Discount Securities, the Securities’ Yield to Maturityclause (b) above), ; 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, counsel and all other amounts due the Trustee under Section 6.76.07. 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, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon the Securities of such Securities series and collect the moneys money adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series of Securities occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 9 contracts

Samples: Indenture (HIVE Digital Technologies Ltd.), Indenture (HIVE Digital Technologies Ltd.), Indenture (HIVE Digital Technologies Ltd.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company and each Guarantor covenants that if: (1i) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2ii) default is made in the payment of the principal of (or premium, if any, on) any Security at on the Maturity due date for payment thereof, the Company or such Guarantor will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest on, and Additional Amounts with respect tointerest, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, provided by the Securities’ Yield to Maturity), 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. In addition to the rights and powers set forth in Section 317(a) of the Trust Indenture Act, and all other amounts due the Trustee under Section 6.7. If shall be entitled to file such other papers or documents as may be necessary or advisable in order to have the Company fails to pay such amounts forthwith upon such demand, claims of the Trustee, Trustee and of the Holders of the Securities allowed in its own name and as trustee of an express trust, may institute a any judicial proceeding for relative to the collection of the sums so due and unpaidCompany, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company any Guarantor or any other obligor upon the Securities, its creditors, or its property, and to collect and receive any moneys or other property payable or deliverable on any such Securities claims, and collect to distribute the moneys adjudged same after the deduction of its charges and expenses; and any receiver, assignee or deemed trustee in bankruptcy or reorganization is hereby authorized by each of the Holders to be payable make such payments to the Trustee, and, in the manner provided event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for compensation and expenses, including counsel fees incurred by law out it up to the date of the property of the Company or any other obligor upon such Securities, wherever situateddistribution. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual 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.

Appears in 9 contracts

Samples: Senior Secured Indenture (United Rentals North America Inc), Senior Indenture (United Rentals North America Inc), Senior Secured Indenture (United Rentals Highway Technologies Gulf, LLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1a) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, or (c) default is made in the deposit of any sinking fund payment, if any, when and as due by the terms of a Security, then, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to any Securities of any series Series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 8 contracts

Samples: Indenture (Biohaven Ltd.), Indenture (AgroFresh Solutions, Inc.), Indenture (AgroFresh Solutions, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any interest onon any Security or coupon, if any, or any Additional Amounts with respect to, to any Security of any series when such interest or Additional Amounts shall become the same becomes due and payable and such default continues for a period of 30 days, ; or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, ; the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such SecuritiesSecurities or coupons, if any, the whole amount then due and payable on such Securities for principal and any premium and principal, premium, if any, interest on, and Additional Amounts with respect toAmounts, if any, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal principal, premium, if any, interest and premium and on any overdue interest or Additional Amounts, if any, at the rate or rates borne by or prescribed therefor in such Securities (or in the case of Original Issue Discount Securitiescoupons, the Securities’ Yield to Maturity)if any, 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, and all other amounts due the Trustee under Section 6.7. If the Company fails to pay such amounts the money it is required to pay the Trustee pursuant to the preceding paragraph forthwith upon such demandthe demand of the Trustee, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums money so due and unpaid, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon such Securities and any coupons appertaining thereto and collect the moneys monies adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesSecurities and any coupons appertaining thereto, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual 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 secure any other proper remedy.

Appears in 8 contracts

Samples: Indenture (Cadiz Inc), Subordinated Indenture (Cadiz Inc), Indenture (Fidelity National Information Services, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, any Security of any series when such interest or Additional Amounts shall become due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 7 contracts

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

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Issuer covenants that if (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof or, with respect to any Security required to have been purchased pursuant to an Offer to Purchase made by the Issuer, at the Purchase Date thereof, the Company Issuer will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest on, and Additional Amounts with respect tointerest, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, provided by the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company Issuer 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 decree, and may enforce the same against the Company Issuer or any other obligor upon such the Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Issuer or any other obligor upon such the Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 6 contracts

Samples: Indenture (RSL Communications LTD), Indenture (RSL Communications LTD), Indenture (RSL Communications LTD)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants Issuer and the Guarantor, jointly and severally, covenant that if: (1i) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2ii) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereofwhen such amount of principal becomes due and payable and such default continues for a period of two Business Days, the Company Issuer and/or the Guarantor will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and interest (and any premium and interest on, and Additional Amounts with payable in respect to, thereof) and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue installments of interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, borne by the Securities’ Yield to Maturity), ; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, compensation and properly incurred expenses, disbursements and advances of the Trustee, its agents and counsel, and all any other amounts due the Trustee under Section 6.7. 11.01. (b) If the Company Issuer or the Guarantor 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, unpaid and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company Issuer, the Guarantor or any other obligor upon such the Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Issuer, the Guarantor or any other obligor upon such the Securities, wherever situated. In addition, if any other . (c) If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series under this Indenture 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.

Appears in 6 contracts

Samples: Indenture (CNOOC Finance (2013) Ltd.), Indenture (CNOOC Finance (2015) U.S.A. LLC), Indenture (CNOOC Finance (2015) U.S.A. LLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Issuer covenants that if (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or, (2) default is made in the payment of the principal of (or or, premium, if any, on) any Security at the Maturity thereof, or (3) default is made in the Company willmaking or satisfaction of any sinking fund payment or analogous obligation when the same becomes due pursuant to the terms of any Security, the Issuer, upon demand of the Trustee, will pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal principal, including any sinking fund payment or analogous obligations (and any premium premium, if any) and interest oninterest, and Additional Amounts with respect toif any, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, counsel and all any other amounts due to the Trustee under Section 6.77.07 hereof. If the Company Issuer 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 Issuer, any Guarantor or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Issuer, any Guarantor or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 6 contracts

Samples: Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that ifif a (1) default is made in the payment of any installment of interest on, on any Security or any Additional Amounts with respect to, any Security of any series Coupon appertaining thereto when such interest or Additional Amounts shall have become due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any premium on any Security at the Maturity thereofits Maturity, the Company willshall, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such SecuritiesSecurities and any Coupons appertaining thereto, the whole amount of money then due and payable on with respect to such Securities for principal and any Coupons appertaining thereto, with interest upon the overdue principal, any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal installments of interest, and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, in addition thereto, such further amount of money 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, counsel and all other amounts due to the Trustee under Section 6.76.6. If the Company fails shall fail to pay such amounts the money it is required to pay the Trustee pursuant to the preceding paragraph forthwith upon such demandthe demand of the Trustee, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums money so due and unpaid, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon such Securities and any Coupons appertaining thereto and collect the moneys monies adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesSecurities and any Coupons appertaining thereto, wherever situated. In additionEvery recovery of judgment in any such action or other proceeding subject to the payment of the expenses, if any other disbursements and compensation of the Trustee, its agents and attorneys, shall be for the ratable benefit of the Holders of such Securities that shall be the subject of such action or proceeding. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any Coupons appertaining thereto 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 such Securities or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy.

Appears in 6 contracts

Samples: Indenture (Cit Group Inc), Indenture (Cit Group Inc), Indenture (Cit Group Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1i) default is made in the payment of any installment of interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2ii) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to it, the Trustee for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest onand interest on any overdue principal (and premium, and Additional Amounts with respect to, if any) and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal and premium and on any overdue interest or Additional Amountsinstallment of interest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property Property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in any provision of such Securities or this Indenture or in aid of the exercise of any power granted therein or herein, or to enforce any other proper remedy.

Appears in 6 contracts

Samples: Indenture (Xto Energy Inc), Indenture (Xto Energy Inc), Indenture (Xto Energy Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if if (1a) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, then the Company will, upon written demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest oninterest, and Additional Amounts with respect toif any, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if If any other Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement . The Trustee shall not be required to take notice or be deemed to have notice of any covenant Event of Default other than pursuant to paragraphs (a), (b) or agreement in (c) of Section 501 of this Indenture or in aid Indenture, unless a Responsible Officer of the exercise Trustee shall be specifically notified in writing of any power granted hereinsuch default by the Company, or to enforce any other proper remedyby the Holders of a majority in aggregate principal amount of Outstanding Securities.

Appears in 5 contracts

Samples: Indenture (Public Service Co of Oklahoma), Indenture (Southwestern Electric Power Co), Indenture (Central Power & Light Co /Tx/)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company Issuer covenants that if if (1i) default is made in the payment of any interest onon any Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any Additional Amounts with respect to, any Security installment of the principal of any series Note when such interest or Additional Amounts shall become the same becomes due and payable and such default continues for a period of 30 five days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, the Company Issuer will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securitiesthe Notes, the whole amount then due and payable on such Securities Notes for principal and any premium and interest, with interest on, and Additional Amounts with respect toupon the overdue principal, and, to the extent that payment at such rate of such interest shall be legally enforceable, interest on any upon overdue principal and premium and on any overdue interest or Additional Amountsinstallments of interest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, applicable Interest 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 Trustee, Trustee and its agents and counsel. (b) Each Issuer Secured Party hereby irrevocably and unconditionally appoints the Controlling Party as the true and lawful attorney-in-fact of such Issuer Secured Party for so long as such Issuer Secured Party is not the Controlling Party, with full power of substitution, to execute, acknowledge and deliver any notice, document, certificate, paper, pleading or instrument and to do in the name of the Controlling Party as well as in the name, place and stead of such Issuer Secured Party such acts, things and deeds for or on behalf of and in the name of such Issuer Secured Party under this Indenture (including specifically under Section 5.4) and under the Basic Documents which such Issuer Secured Party could or might do or which may be necessary, desirable or convenient in such Controlling Party's sole discretion to effect the purposes contemplated hereunder and under the Basic Documents and, without limitation, following the occurrence of an Event of Default, exercise full right, power and authority to take, or defer from taking, any and all other amounts due acts with respect to the Trustee under Section 6.7. If the Company fails to pay such amounts forthwith upon such demandadministration, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection maintenance or disposition of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other Trust Estate. (c) If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceedsubject to the consent of the Controlling Party and shall, in its own name and as trustee at the direction of an express trustthe Controlling Party, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Noteholders by such appropriate judicial proceedings Proceedings as the Trustee or the Controlling Party shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedyremedy or legal or equitable right vested in the Trustee by this Indenture or by law. (d) In case there shall be pending, relative to the Issuer or any other obligor upon the Notes or any Person having or claiming an ownership interest in the Trust Estate, proceedings under Title 11 of the United States 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 the Issuer or its property or such other obligor or Person, or in case of any other comparable judicial proceedings relative to the Issuer or other obligor upon the Notes, or to the creditors or property of the Issuer or such other obligor, 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, subject to the direction of the Controlling Party, shall be entitled and empowered, by intervention in such proceedings or otherwise: (i) to file and prove a claim or claims for the whole amount of principal and interest owing and unpaid in respect of the Notes and to file such other papers 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 Noteholders allowed in such proceedings; (ii) unless prohibited by applicable law and regulations, to vote on behalf of the Holders of Notes in any election of a trustee, a standby trustee or person performing similar functions in any such proceedings; (iii) to collect and receive any moneys or other property payable or deliverable on any such claims and to distribute all amounts received with respect to the claims of the 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 Notes allowed in any judicial proceedings relative to the Issuer, its creditors and its property; and any trustee, receiver, liquidator, custodian or other similar official in any such proceeding is hereby authorized by each of such Noteholders to make payments to the Trustee, and, in the event that the Trustee shall consent to the making of payments directly to such Noteholders, 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. (e) 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 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. (f) All rights of action and of asserting claims under this Indenture, the Master Spread Account Agreement, any other Basic Document or under any of the Notes, may be enforced by the Trustee without the possession of any of the Notes or the production thereof in any trial or other proceedings relative thereto, and any such action or proceedings instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the payment of the expenses, disbursements and compensation of the Trustee, each predecessor Trustee and their respective agents and attorneys, shall be for the ratable benefit of the Holders of the Notes. (g) In any proceedings brought by the Trustee (and also any proceedings involving the interpretation of any provision of this Indenture, the Master Spread Account Agreement or any other Basic Document), the Trustee shall be held to represent all the Holders of the Notes, and it shall not be necessary to make any Noteholder a party to any such proceedings.

Appears in 5 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if: (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, ; or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof; or (3) default is made in the deposit of any sinking fund payment, when and as due by the terms of any Security; the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. . (b) 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 decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other . (c) If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 5 contracts

Samples: Indenture (Hanover Insurance Group, Inc.), Indenture (Hanover Insurance Group, Inc.), Indenture (GT Advanced Technologies Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1a) default is made in the payment of any installment of interest on, on or any Additional Amounts with respect to, to any Security of or any series Coupon appertaining thereto when such interest or Additional Amounts shall have become due and payable and such default continues for a period of 30 days, or (2b) default is made in the payment of the principal of (or premium, if any, on) any premium on any Security or any Additional Amounts with respect thereto at the Maturity thereoftheir Maturity, the Company willshall, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such SecuritiesSecurities and any Coupons appertaining thereto, the whole amount of money then due and payable on with respect to such Securities for principal and any Coupons appertaining thereto, with interest upon the overdue principal, any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal installments of interest and premium and on any overdue interest or Additional Amounts, Amounts at the rate or rates prescribed therefor borne by or provided for in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, in addition thereto, such further amount of money 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, counsel and all other amounts due to the Trustee under Section 6.76.06. If the Company fails to pay such amounts the money it is required to pay the Trustee pursuant to the preceding paragraph forthwith upon such demandthe demand of the Trustee, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums money so due and unpaid, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company and/or the Guarantor or any other obligor upon such Securities and any Coupons appertaining thereto and collect the moneys monies adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company and/or the Guarantor or any other obligor upon such SecuritiesSecurities and any Coupons appertaining thereto, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any Coupons appertaining thereto by such appropriate judicial proceedings as the Trustee shall deem most effectual necessary or advisable to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or such Securities or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy.

Appears in 5 contracts

Samples: Indenture (Partnerre LTD), Indenture (Partnerre LTD), Indenture (PartnerRe Finance B LLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such SecuritiesSecurities and coupons, the whole amount then due and payable on such Securities and coupons for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or or, in the case of Original Issue Discount Securities, the Securities’ Yield ' yield to Maturity), maturity) 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any related coupons 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.

Appears in 5 contracts

Samples: Indenture (Dynegy Holdings Inc), Subordinated Indenture (Illinois Power Co), Indenture (Dynegy Capital Trust Iii)

Collection of Indebtedness and Suits for Enforcement by Trustee. (1) The Company covenants that if: (1a) default is made in the payment of any installment of interest on, or any Additional Amounts with respect to, on any Security of issued by the Company and any series related coupon when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security issued by the Company at the Maturity thereof, then the Company will, upon demand of the Trustee, pay to it, the Trustee for the benefit of the Holders of such SecuritiesSecurities and coupons, the whole amount then due and payable on such Securities and coupons for principal (and any premium premium, if any) and interest oninterest, if any, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and to the extent lawful on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. . (2) 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other . (3) If an Event of Default 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, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights 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 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.

Appears in 4 contracts

Samples: Indenture (Valens Company, Inc.), Indenture (Cardiol Therapeutics Inc.), Indenture (VIQ Solutions Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1a) default is made in the payment of any installment of interest on, or on any Additional Amounts with respect to, any Security of any series Note when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security Note at the Maturity thereofits Maturity, then the Company willshall, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such SecuritiesNotes, the whole amount then due and payable on such Securities Notes for principal (and premium, if any) and interest, with interest upon any premium overdue principal (and interest onpremium, and Additional Amounts with respect to, if any) and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal and premium and on any overdue interest or Additional Amountsinstallments of interest, at the rate or rates prescribed therefor borne by or provided for in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity)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 Trustee, its agents and counsel, and all other amounts due the Trustee under Section 6.7. 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, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon such Securities Notes under a supplemental indenture entered into in accordance herewith and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other such obligor upon such SecuritiesNotes, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series 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.

Appears in 4 contracts

Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company Issuer covenants that if: (1i) default Default is made in the payment of any instalment of interest on, or on any Additional Amounts with respect to, any Security of any series Note when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2ii) default Default is made in the payment of the principal of (or premium, if any, any on) any Security Note at the Maturity thereofthereof and such default continues for a period of three Business Days, the Company Issuer will, upon demand of the Trustee, pay to it, the Trustee for the benefit of the Holders of such SecuritiesHolders, the whole amount then due and payable on such Securities Notes for principal (and any premium premium, if any) and interest, and interest onon any overdue principal (and premium, and Additional Amounts with respect to, if any) and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal and premium and on any overdue interest or Additional Amountsinstalment of interest, at the rate or rates prescribed therefor in such Securities (or in borne by the case of Original Issue Discount Securities, the Securities’ Yield to Maturity)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 Trustee, its agents and counsel, and all other amounts due the Trustee under Section 6.7. . (b) If the Company Issuer 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 Issuer or any other obligor (including the Guarantors, if any) upon such Securities the Notes and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Issuer or any other obligor upon such Securitiesthe Notes, wherever situated. In addition, if any other . (c) If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 4 contracts

Samples: Trust Indenture (Ascend Wellness Holdings, Inc.), Trust Indenture (Curaleaf Holdings, Inc.), Trust Indenture (Columbia Care Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) default is made in the payment of any interest on, or upon any Additional Amounts with respect to, any Debt Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, ; or (2) default is made in the payment of the principal of (or premium, if any, on) any Debt Security of any series at the Maturity thereofits Maturity, the Company will, upon demand of the TrusteeTrustee for the Debt Securities of such series, pay to it, for the benefit of the Holders of such Debt Securities, the whole amount then due and payable on such Debt Securities for principal (and any premium premium, if any) and interest, if any, with interest onupon the overdue principal (and premium, and Additional Amounts with respect to, if any) and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal and premium and on any overdue installments of interest or Additional Amounts, at a rate per annum equal to the rate or rates prescribed therefor in borne by such Debt Securities (or or, in the case of Original Issue Discount Discounted Debt Securities, the Debt Securities' Yield to Maturity), ; 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 such Trustee, its agents and counsel, counsel and all other amounts due the to such Trustee under Section 6.7. If the Company fails to pay such amounts forthwith upon such demand, the such 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, and may prosecute such proceeding proceedings to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesCompany, wherever situated. In addition, if any other If an Event of Default with respect to Debt Securities of any particular series occurs and is continuing, the Trustee for the Debt Securities of such series may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Debt Securities of such that series by such appropriate judicial proceedings as the such 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.

Appears in 4 contracts

Samples: Indenture (Provident Capital Trust Iv), Indenture (American Financial Group Inc), Indenture (Provident Capital Trust Iv)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any interest onon any Security or coupon, if any, or any Additional Amounts with respect to, to any Security of any series when such interest or Additional Amounts shall become the same becomes due and payable and such default continues for a period of 30 days, ; or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such SecuritiesSecurities or coupons, if any, the whole amount then due and payable on such Securities for principal and any premium and principal, premium, if any, interest on, and Additional Amounts with respect toAmounts, if any, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal principal, premium, if any, interest and premium and on any overdue interest or Additional Amounts, if any, at the rate or rates borne by or prescribed therefor in such Securities (or in the case of Original Issue Discount Securitiescoupons, the Securities’ Yield to Maturity)if any, 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, and all other amounts due the Trustee under Section 6.7. If the Company fails to pay such amounts the money it is required to pay the Trustee pursuant to the preceding paragraph forthwith upon such demandthe demand of the Trustee, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums money so due and unpaid, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon such Securities and any coupons appertaining thereto and collect the moneys monies adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesSecurities and any coupons appertaining thereto, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual 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 secure any other proper remedy.

Appears in 4 contracts

Samples: Indenture (Fidelity National Title Group, Inc.), Indenture (Fidelity National Title Group, Inc.), Indenture (Fidelity National Title Group, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Issuer covenants that if (1a) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, or (c) default is made in the Company deposit of any sinking fund payment when and as due by the terms of a Security, then, the Issuer will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company Issuer 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 Issuer, the Parent Guarantor or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company Issuer, the Parent Guarantor or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to any Securities of any series Series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 4 contracts

Samples: Indenture (Celanese Americas LLC), Indenture (Celanese Global Relocation LLC), Indenture (Celanese Global Relocation LLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1a) default is made in the payment of any installment of interest onor Additional Amounts, or any Additional Amounts with respect toif any, on any Security of any series and any related coupon when such interest or Additional Amounts shall become Amount becomes due and payable and such default continues for a period of 30 days, ; or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security of any series at the Maturity thereofits Maturity, then the Company will, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such SecuritiesSecurities of such series and coupons, the whole amount then due and payable on such Securities and coupons for principal (and any premium premium, if any) and interest on, and Additional Amounts Amounts, with respect tointerest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal and premium and on any overdue installments of interest or Additional Amounts, if any, at the rate or rates prescribed therefor borne by or provided for in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee 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 decree, and may enforce the same against the Company or any other obligor upon such Securities of such series and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesSecurities of such series, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any related coupons 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.

Appears in 4 contracts

Samples: Indenture (Summit Securities Inc /Id/), Indenture (Franchise Finance Corp of America), Indenture (Metropolitan Mortgage & Securities Co Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof or, with respect to any Security required to have been purchased pursuant to an Offer to purchase made by the Company, at the Purchase Date thereof, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesCompany, wherever situated. In addition, if any other If an Event of Default with respect to the Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 4 contracts

Samples: Indenture (Clark Refining & Marketing Inc), Indenture (Clark Refining & Marketing Inc), Indenture (Clark Refining & Marketing Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if if (1a) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, then the Company will, upon written demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest oninterest, and Additional Amounts with respect toif any, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if If any other Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 4 contracts

Samples: Indenture (New York State Electric & Gas Corp), Indenture (Energy East Corp), Indenture (New York State Electric & Gas Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any installment of interest on, or on any Additional Amounts with respect to, any Debt Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or, (2) default is made in the payment of the principal of (or premium, if any, on) any Debt Security at the Maturity thereof, or (3) default is made in the making or satisfaction of any sinking fund payment or analogous obligation when the same becomes due pursuant to the terms of the Debt Securities of any series, and such default continues for a period of 30 days, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Debt Securities, the whole amount then due and payable on such Securities Debt Securities, for the principal (and any premium premium, if any) and interest oninterest, and Additional Amounts with respect toif any, and, to the extent that payment of such interest shall be legally enforceable, interest on any upon the overdue principal (and premium premium, if any) and on any upon overdue interest or Additional Amountsinstallments of interest, at the rate or rates prescribed therefor in such Debt Securities (or, if no such rate or in rates are so prescribed, at the case rate borne by the Debt Securities during the period of Original Issue Discount Securities, the Securities’ Yield to Maturity), such default; 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, and all other amounts due the Trustee under Section 6.7. If the Company fails to pay such amounts amount 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, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon such Securities Debt Securities, and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, Debt Securities wherever situated. In addition, if any other If an Event of Default with respect to Debt Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Debt Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 4 contracts

Samples: Indenture (Heritage Financial Group Inc), Indenture (Reinsurance Group of America Inc), Indenture (Reinsurance Group of America Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Except as may otherwise be provided pursuant to Section 3.1 with respect to the Securities of a particular series, the Issuer covenants that if (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, the Company Issuer will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company Issuer fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of for an express trust, may institute a judicial proceeding for the collection of the sums sum so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company Issuer or any other obligor upon such Securities and collect the moneys monies adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Issuer or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture of Trust (Kayne Anderson MLP Investment CO), Indenture of Trust (Kayne Anderson MLP Investment CO), Indenture of Trust (Kayne Anderson MLP Investment CO)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if, (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security of any series at the Maturity thereof, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such SecuritiesSecurities of that series and any coupons appertaining thereto, the whole amount then due and payable on such Securities of that series and coupons for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium on the premium, if any, and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), that series 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any coupons appertaining thereto 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.

Appears in 3 contracts

Samples: Indenture (International Paper Capital Trust Iii), Indenture (International Paper Co /New/), Indenture (International Paper Capital Trust Iii)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Each Issuer of Debt Securities issued pursuant to this Indenture covenants that if (1) default is made in the payment of any installment of interest on, or additional interest on any Additional Amounts with respect to, any Debt Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Debt Security at the Maturity thereof, the Company applicable Issuer will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such SecuritiesDebt Securities and the holders of any Coupons appertaining thereto, the whole amount then due and payable on such Debt Securities and Coupons for principal (and any premium premium, if any) and interest, if any, and interest onon any overdue principal (and premium, and Additional Amounts with respect to, if any) and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Debt Securities, the Securities’ Yield to Maturity), ; 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, and all other amounts due the Trustee under Section 6.7. If the Company such Issuer fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute at the expense of the Issuer 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 such Issuer, any Guarantor or any other obligor upon such Debt Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company such Issuer, any Guarantor or any other obligor upon such Debt Securities, wherever situated. In addition, if any other If an Event of Default with respect to Debt Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Debt Securities of such series and holders of any Coupons appertaining thereto 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. No recourse for the payment of the principal of (or premium, if any) or any interest on any Debt Security, or for any claim based thereon or on the Guarantee endorsed thereon or on any Coupon or otherwise in respect thereof or of such Guarantee or Coupon and no recourse under or upon any obligation, covenant or agreement of any Issuer or of any Guarantor in this Indenture, or in any Debt Security, Guarantee endorsed thereon or Coupon, or because of the creation of any indebtedness represented thereby, shall be had against any incorporator, stockholder, officer or director, past, present or future, of any such Issuer or of any Guarantor or of any successor corporation of either, either directly or through such Issuer or any Guarantor or any successor corporation of any of them, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that to the extent lawful all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture, the issue of the Debt Securities and any Coupons, and the endorsement of the Guarantees thereon.

Appears in 3 contracts

Samples: Indenture (Unilever N V), Indenture (Unilever United States Inc), Indenture (Unilever PLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1a) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, or (c) default is made in the deposit of any sinking fund payment when and as due by the terms of a Security, then, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to any Securities of any series Series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (United Community Banks Inc), Indenture (United Community Banks Inc), Indenture (Spectrum Pharmaceuticals Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants and each Guarantor covenant that if (1a) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 60 days, or (2b) default is made in the payment of the principal of (or premium, if any, on) on any Security at the Stated Maturity thereofthereof or otherwise, the Company and such Guarantor will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest onpremium, if any, and Additional Amounts interest, with respect tointerest upon the overdue principal and premium, if any, and, to the extent that payment of such interest shall be legally enforceable, interest on any upon overdue principal and premium and on any overdue interest or Additional Amountsinstallments of interest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, borne by the Securities’ Yield to Maturity), ; 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, and all other amounts due the Trustee under Section 6.7. If the Company or any Guarantor, as the case may be, 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, unpaid and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any Guarantor or any other obligor upon such the Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Company, any Guarantor or any other obligor upon such the Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series under this Indenture or any Guarantee by such appropriate private or judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, including seeking recourse against any Guarantor pursuant to the terms of any Guarantee, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy, including, without limitation, seeking recourse against any Guarantor pursuant to the terms of a Guarantee, or to enforce any other proper remedy, subject however to Section 7.12. No recovery of any such judgment upon any property of the Company or any Guarantor shall affect or impair any rights, powers or remedies of the Trustee or the Holders.

Appears in 3 contracts

Samples: Indenture (General Cable Corp /De/), Indenture (Diversified Contractors Inc), Indenture (General Cable Corp /De/)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any installment of interest on, on any Debt Security or any Additional Amounts payment with respect to, to any Security of any series Coupons when such interest or Additional Amounts shall become payment becomes due and payable and such default continues for a period of 30 days, or, (2) default is made in the payment of the principal of (or premium, if any, on) any Debt Security at the Maturity thereof, or (3) default is made in the making or satisfaction of any sinking fund payment or analogous obligation when the same becomes due pursuant to the terms of the Debt Securities of any series, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such SecuritiesDebt Securities or of such Coupons, the whole amount then due and payable on such Debt Securities or matured Coupons, for the principal (and any premium premium, if any) and interest oninterest, and Additional Amounts with respect toif any, and, to the extent that payment of such interest shall be legally enforceable, interest on any upon the overdue principal (and premium premium, if any) and on any upon overdue interest or Additional Amountsinstallments of interest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), Overdue 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, and all other amounts due the Trustee under Section 6.7. If the Company fails to pay such amounts amount 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, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon such Debt Securities and Coupons, and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, Debt Securities and Coupons wherever situated. In addition, if any other If an Event of Default with respect to Debt Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Debt Securities and Coupons of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (Prison Realty Trust Inc), Subordinated Indenture (Reinsurance Group of America Inc), Indenture (Prison Realty Trust Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company Issuer covenants that if: (1i) default Default is made in the payment of any instalment of interest on, or on any Additional Amounts with respect to, any Security of any series Note when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2ii) default Default is made in the payment of the principal of (or premium, if any, any on) any Security Note at the Maturity thereofthereof and such default continues for a period of three Business Days, the Company Issuer will, upon demand of the Trustee, pay to it, the Trustee for the benefit of the Holders of such SecuritiesHolders, the whole amount then due and payable on such Securities Notes for principal (and any premium premium, if any) and interest, and interest onon any overdue principal (and premium, and Additional Amounts with respect to, if any) and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal and premium and on any overdue interest or Additional Amountsinstalment of interest, at the rate or rates prescribed therefor in such Securities (or in borne by the case of Original Issue Discount Securities, the Securities’ Yield to Maturity)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 Trustee, its agents and counsel, and all other amounts due the Trustee under Section 6.7. . (b) If the Company Issuer 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 Issuer or any other obligor (including the Guarantors, if any) upon such Securities the Notes and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Issuer or any other obligor upon such Securitiesthe Notes, wherever situated. In addition, if any other . (c) If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy. (d) 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 by such appropriate judicial 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 this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Trust Indenture (Harvest Health & Recreation Inc.), Trust Indenture (Trulieve Cannabis Corp.), Trust Indenture

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Issuer covenants that if (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or, (2) default is made in the payment of the principal of (or or, premium, if any, on) any Security at the Maturity thereof, or (3) default is made in the Company willmaking or satisfaction of any sinking fund payment or analogous obligation when the same becomes due pursuant to the terms of any Security, the Issuer, upon demand of the Trustee, will pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal principal, including any sinking fund payment or analogous obligations (and any premium premium, if any) and interest oninterest, and Additional Amounts with respect toif any, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, counsel and all any other amounts due to the Trustee under Section 6.77.07 hereof. If the Company Issuer 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 Issuer or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Issuer or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants and the Guarantor each covenants, in each case, that if (1) default is made in the payment of any installment of interest on, on or any Additional Amounts with respect to, to any Security of or any series Coupon appertaining thereto when such interest or Additional Amounts shall have become due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any premium on any Security or any Additional Amounts with respect thereto at their Maturity, or, (3) default is made in the Maturity thereof, payment of any sinking or purchase fund or analogous obligation when the same becomes due by the terms of the Securities of any series; (4) the Company willor the Guarantor, as the case may be, shall, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such SecuritiesSecurities and any Coupons appertaining thereto, the whole amount of money then due and payable on with respect to such Securities for principal and any Coupons appertaining thereto, with interest upon the overdue principal, any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal installments of interest and premium and on any overdue interest or Additional Amounts, Amounts at the rate or rates prescribed therefor borne by or provided for in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, in addition thereto, such further amount of money 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, counsel and all other amounts due to the Trustee under Section 6.76.6. If the Company or the Guarantor fails to pay such amounts the money it is required to pay the Trustee pursuant to the preceding paragraph forthwith upon such demandthe demand of the Trustee, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums money so due and unpaid, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or the Guarantor or any other obligor upon such Securities and any Coupons appertaining thereto and collect the moneys monies adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or the Guarantor or any other obligor upon such SecuritiesSecurities and any Coupons appertaining thereto, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any Coupons appertaining thereto 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 such Securities or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (Assured Guaranty US Holdings Inc.), Indenture (Assured Guaranty LTD), Indenture (Assured Guaranty US Holdings Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Issuer covenants that if: (1a) default is made in the payment of any installment of interest onor Additional Amounts, or any Additional Amounts with respect toif any, on any Security of any series and any related coupon when such interest or Additional Amounts shall become Amount becomes due and payable and such default continues for a period of 30 days, or (2b) default is made in the payment of the principal of (or premiumpremium or Make-Whole Amount, if any, on) any Security of any series at its Maturity, then the Maturity thereof, the Company Issuer will, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such SecuritiesSecurities of such series and coupons, the whole amount then due and payable on such Securities and coupons for principal (and any premium or Make-Whole Amount, if any) and interest on, and Additional Amounts Amounts, with respect tointerest upon any overdue principal (and premium or Make-Whole Amount, if any) and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal and premium and on any overdue installments of interest or Additional Amounts, if any, at the rate or rates prescribed therefor borne by or provided for in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company Issuer 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, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company Issuer or any other obligor upon such Securities and any related coupons and collect the moneys monies adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Issuer or any other obligor upon such Securities, Securities and any related coupons wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any related coupons 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 hereinherein or therein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (Crescent Real Estate Equities LTD Partnership), Indenture (Equity Office Properties Trust), Indenture (Equity Office Properties Trust)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that that, if: (1a) default is made in the payment of any installment of interest on, or on any Additional Amounts with respect to, any Debt Security of any series when such interest or Additional Amounts shall become payment becomes due and payable and such default continues for a period of 30 days, or, (2b) default is made in the payment of the principal of (or premium, if any, on) any Debt Security at the Maturity thereof, or (c) default is made in the making or satisfaction of any sinking fund payment or analogous obligation when the same becomes due pursuant to the terms of the Debt Securities of any series, then the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders holders of such Debt Securities, the whole amount then due and payable on such Debt Securities for the principal (and any premium premium, if any) and interest oninterest, and Additional Amounts with respect toif any, and, to the extent that payment of such interest shall be legally enforceable, interest on any upon the overdue principal (and premium premium, if any) and on any upon overdue interest or Additional Amountsinstallments of interest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), Overdue 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, and all other amounts due the Trustee under Section 6.7. If the Company fails to pay such amounts amount 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, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company Company, any Guarantor or any other obligor upon such Debt Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Company, any Guarantor or any other obligor upon such Securities, Debt Securities wherever situated. In addition, if any other If an Event of Default with respect to Debt Securities of any series occurs and is continuing, then the Trustee may in its discretion proceedmay, in its own name and as trustee of an express trustdiscretion, proceed to protect and enforce its rights and the rights of the Holders holders of Debt Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (Biloxi Casino Corp), Indenture (MGM Grand Inc), Indenture (MGM Grand Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof; or (3) default is made in the deposit of any sinking fund payment, when and as due by the terms of a Security; the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants Issuers covenant that if: (1a) default is made in the payment of any installment of interest on, or on any Additional Amounts with respect to, any Security of any series Note when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2b) default is made in the payment of the principal of (or premium, if any, premium on) any Security Note at the Maturity thereof, the Company Issuers will, upon demand of the Trustee, pay to it, the Trustee for the benefit of the Holders of such SecuritiesNotes, the whole amount then due and payable on such Securities Notes for principal (and any premium premium, if any) and interest, and interest onon any overdue principal (and premium, and Additional Amounts with respect to, if any) and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal and premium and on any overdue interest or Additional Amountsinstallment of interest, at the rate or rates prescribed therefor in such Securities (or in borne by the case of Original Issue Discount Securities, the Securities’ Yield to Maturity)Notes plus one percent, 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, and all other amounts due the Trustee under Section 6.7. If the Company fails Issuers fail 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 Issuers, any Guarantor or any other obligor upon such Securities the Notes and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Issuers, any Guarantor or any other obligor upon such Securitiesthe Notes, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series under this Indenture and the Guarantees by such appropriate judicial proceedings as the Trustee shall deem most effectual necessary to protect and enforce any such rights, including seeking recourse against any Guarantor, 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, including but without limitation, seeking recourse against any Guarantor.

Appears in 3 contracts

Samples: Indenture (Clearwire Corp /DE), Note Purchase Agreement (Clearwire Corp /DE), Note Purchase Agreement (Sprint Nextel Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) default is made in the payment of any installment of interest onor Additional Amounts, or any Additional Amounts with respect toif any, on any Security of any series and any related coupon when such interest or Additional Amounts shall become Amount becomes due and payable and such default continues for a period of 30 days, days or (2) default is made in the payment of the principal of (or premiumpremium or Make-Whole Amount, if any, on) any Security of any series at the Maturity thereofits Maturity, then the Company will, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such SecuritiesSecurities of such series and coupons, the whole amount then due and payable on such Securities and coupons for principal (and any premium or Make-Whole Amount, if any) and interest on, and Additional Amounts Amounts, if any, with respect tointerest upon any overdue principal (and premium or Make-Whole Amount, if any) and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal and premium and on any overdue installments of interest or Additional Amounts, if any, at the rate or rates prescribed therefor borne by or provided for in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, in addition thereto, such further amount as shall be sufficient to 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, and all other amounts due the Trustee under Section 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee 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 decree, and may enforce the same against the Company or any other obligor upon such Securities of such series and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesSecurities of such series, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any related coupons by any 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.

Appears in 3 contracts

Samples: Indenture (Commercial Net Lease Realty Inc), Indenture (National Retail Properties, Inc.), Indenture (Commercial Net Lease Realty Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company Issuer covenants that if if (1i) default is made in the payment of any interest onon any Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any Additional Amounts with respect to, any Security installment of the principal of any series Note when such interest or Additional Amounts shall become the same becomes due and payable and such default continues for a period of 30 five days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, the Company Issuer will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securitiesthe Notes, the whole amount then due and payable on such Securities Notes for principal and any premium and interest, with interest on, and Additional Amounts with respect toupon the overdue principal, and, to the extent that payment at such rate of such interest shall be legally enforceable, interest on any upon overdue principal and premium and on any overdue interest or Additional Amountsinstallments of interest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, applicable Interest 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 Trustee, Trustee and its agents and counsel. (b) Each Issuer Secured Party hereby irrevocably and unconditionally appoints the Controlling Party as the true and lawful attorney-in-fact of such Issuer Secured Party for so long as such Issuer Secured Party is not the Controlling Party, with full power of substitution, to execute, acknowledge and deliver any notice, document, certificate, paper, pleading or instrument and to do in the name of the Controlling Party as well as in the name, place and stead of such Issuer Secured Party such acts, things and deeds for or on behalf of and in the name of such Issuer Secured Party under this Indenture (including specifically under Section 5.4) and under the Basic Documents which such Issuer Secured Party could or might do or which may be necessary, desirable or convenient in such Controlling Party's sole discretion to effect the purposes contemplated hereunder and under the Basic Documents and, without limitation, following the occurrence of an Event of Default, exercise full right, power and authority to take, or defer from taking, any and all other amounts due acts with respect to the Trustee under Section 6.7. If the Company fails to pay such amounts forthwith upon such demandadministration, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection maintenance or disposition of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other Trust Estate. (c) If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceedsubject to the consent of the Controlling Party and shall, at the direction of the Controlling Party (except as provided in its own name and as trustee of an express trustSection 5.3(d) below), proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Noteholders by such appropriate judicial proceedings Proceedings as the Trustee or the Controlling Party shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedyremedy or legal or equitable right vested in the Trustee by this Indenture or by law. (d) In case there shall be pending, relative to the Issuer or any other obligor upon the Notes or any Person having or claiming an ownership interest in the Trust Estate, proceedings under Title 11 of the United States 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 the Issuer or its property or such other obligor or Person, or in case of any other comparable judicial proceedings relative to the Issuer or other obligor upon the Notes, or to the creditors or property of the Issuer or such other obligor, 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, shall be entitled and empowered, by intervention in such proceedings or otherwise: (i) to file and prove a claim or claims for the whole amount of principal and interest owing and unpaid in respect of the Notes and to file such other papers 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 Noteholders allowed in such proceedings; (ii) unless prohibited by applicable law and regulations, to vote on behalf of the Holders of Notes in any election of a trustee, a standby trustee or person performing similar functions in any such proceedings; (iii) to collect and receive any moneys or other property payable or deliverable on any such claims and to distribute all amounts received with respect to the claims of the 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 Notes allowed in any judicial proceedings relative to the Issuer, its creditors and its property; and any trustee, receiver, liquidator, custodian or other similar official in any such proceeding is hereby authorized by each of such Noteholders to make payments to the Trustee, and, in the event that the Trustee shall consent to the making of payments directly to such Noteholders, 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. (e) 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 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. (f) All rights of action and of asserting claims under this Indenture or the Master Spread Account Agreement or under any of the Notes, may be enforced by the Trustee without the possession of any of the Notes or the production thereof in any trial or other proceedings relative thereto, and any such action or proceedings instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the payment of the expenses, disbursements and compensation of the Trustee, each predecessor Trustee and their respective agents and attorneys, shall be for the ratable benefit of the Holders of the Notes. (g) In any proceedings brought by the Trustee (and also any proceedings involving the interpretation of any provision of this Indenture or the Master Spread Account Agreement), the Trustee shall be held to represent all the Holders of the Notes, and it shall not be necessary to make any Noteholder a party to any such proceedings.

Appears in 3 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made occurs in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 60 days, or; (2) default is made occurs in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof; or (3) default occurs in the deposit of any sinking fund payment, when and as due by the terms of a Security of that series; the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (Citizens Utilities Capital L P), Indenture (Citizens Utilities Capital L P), Indenture (Citizens Utilities Capital L P)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants Issuers covenant that if: (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premiumpremium or other amounts, if any, on) any Security of any series at the Maturity thereof, or (3) default is made in the Company payment of any sinking or analogous obligation when the same becomes due by the terms of the Securities of any series, and any such default continues for any period of grace provided with respect to the Securities of such series, the Issuers will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium and other amounts, if any) and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium and other amounts, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company fails Issuers fail 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 Issuers or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Issuers or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce secure any other proper remedy.

Appears in 3 contracts

Samples: Subordinated Debt Indenture (Meristar Hospitality Operating Partnership Lp), Senior Debt Indenture (Meristar Hospitality Operating Partnership Lp), Senior Debt Indenture (Meristar Hospitality Operating Partnership Lp)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) a. default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) b. default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, or c. default is made in the deposit of any sinking fund payment when and as due by the terms of a Security, then, the Company willand the Guarantors shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company fails or the Guarantors fail 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 Company, any Guarantor or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company Company, any Guarantor or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to any Securities of any series Series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (STAG Industrial Operating Partnership, L.P.), Indenture (Iip-Co 3 LLC), Indenture (Phillips Edison & Company, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants and the Guarantor each covenants, in each case, that if (1) default is made in the payment of any installment of interest on, (including any Additional Interest) on or any Additional Amounts with respect to, to any Security of or any series Coupon appertaining thereto when such interest or Additional Amounts shall have become due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any premium on any Security or any Additional Amounts with respect thereto at the Maturity thereoftheir Maturity, the Company willor the Guarantor, as the case may be, shall, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such SecuritiesSecurities and any Coupons appertaining thereto, the whole amount of money then due and payable on with respect to such Securities for principal and any Coupons appertaining thereto, with interest (including any Additional Interest) upon the overdue principal, any premium and interest on, and Additional Amounts with respect to, and, (to the extent that payment of such interest shall be legally enforceableenforceable and, interest on if the Securities are held by an ACE Trust, without duplication of any other amounts paid to such ACE Trust in respect thereof) upon any overdue principal installments of interest and premium and on any overdue interest or Additional Amounts, Amounts at the rate or rates prescribed therefor borne by or provided for in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, in addition thereto, such further amount of money 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, counsel and all other amounts due to the Trustee under Section 6.76.6. If the Company or the Guarantor fails to pay such amounts the money it is required to pay the Trustee pursuant to the preceding paragraph forthwith upon such demandthe demand of the Trustee, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums money so due and unpaid, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or the Guarantor or any other obligor upon such Securities and any Coupons appertaining thereto and collect the moneys monies adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or the Guarantor or any other obligor upon such SecuritiesSecurities and any Coupons appertaining thereto, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any Coupons appertaining thereto 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 such Securities or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (Ace Ina Holdings Inc), Indenture (Ace LTD), Indenture (Ace LTD)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if: (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, ; or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof; or (3) default is made in the deposit of any sinking fund payment, when and as due by the terms of a Security; the Company or any Guarantor will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due counsel to the Trustee extent required to be paid under Section 6.7. 8.7. (b) If the Company (and any applicable Guarantor) 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 decree, and may enforce the same against the Company Company, any Guarantor or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Company, any Guarantor or any other obligor upon such Securities, wherever situated. In addition, if any other . (c) If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (LPL Financial Holdings Inc.), Indenture (LPL Holdings, Inc.), Indenture (LPL Holdings Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1a) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, or (c) default is made in the deposit of any sinking fund payment when and as due by the terms of a Security, then, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 Company, any Guarantor or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company Company, any Guarantor or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to any Securities of any series Series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Leap Wireless International Inc), Indenture (Leap Wireless International Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series or coupon, if any, when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereofthereof and such default continues for a period of 10 days, or (3) default is made in the making or satisfaction of any sinking fund payment or analogous obligation when the same becomes due pursuant to the terms of the Securities of any series, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such SecuritiesSecurities or coupons, if any, the whole amount then due and payable on such Securities for principal and any premium principal, premium, if any, and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium principal, premium, if any, and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securitiescoupons, the Securities’ Yield to Maturity)if any, 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, and all other amounts due the Trustee under Section 6.7. If the Company fails to pay such amounts amount 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, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon such Securities and coupons, if any, and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesSecurities and coupons, if any, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Northwest Airlines Inc /Mn), Indenture (Northwest Airlines Inc /Mn)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof or, with respect to any Security required to have been purchased pursuant to a Change of Control Offer or an Asset Sale Offer made by the Company, at the purchase date thereof, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest on, and Additional Amounts with respect tointerest, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, provided by the Securities’ Yield to Maturity), 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. In addition to the rights and powers set forth in Section 317(a) of the Trust Indenture Act, the Trustee shall be entitled to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and of the Holders of the Securities allowed in any judicial proceeding relative to the Company or other obligor upon the Securities, its creditors, or its property, and all to collect and receive any moneys or other amounts due property payable or deliverable on any such claims, and to distribute the Trustee under Section 6.7. If same after the Company fails deduction of its charges and expenses; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of the Holders to pay make such amounts forthwith upon such demand, payments to the Trustee, in its own name and as trustee of an express trustand, 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for compensation and expenses, including counsel fees and expenses incurred by law out it up to the date of the property of the Company or any other obligor upon such Securities, wherever situateddistribution. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Fox Kids Worldwide Inc), Indenture (Fox Kids Worldwide Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such SecuritiesSecurities and coupons, the whole amount then due and payable on such Securities and coupons for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or or, in the case of Original Issue Discount Securities, the Securities’ Yield ' yield to Maturity), maturity) 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the 32 Holders of Securities of such series and any related coupons 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.

Appears in 2 contracts

Samples: Indenture (Illinois Power Co), Indenture (Illinois Power Co)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any installment of interest on, on or any Additional Amounts with respect to, to any Security of or any series Coupon appertaining thereto when such interest or Additional Amounts shall have become due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any premium on any Security at the Maturity thereofits Maturity, the Company willshall, upon demand of the TrusteeTrustee or the Holders of not less than 25% in principal amount of Outstanding Securities, pay to itthe Trustee, for the benefit of the Holders of such SecuritiesSecurities and any Coupons appertaining thereto, the whole amount of money then due and payable on with respect to such Securities for principal and any Coupons appertaining thereto, with interest upon the overdue principal, any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal installments of interest and premium and on any overdue interest or Additional Amounts, Amounts at the rate or rates prescribed therefor borne by or provided for in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, in addition thereto, such further amount of money 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, counsel and all other amounts due to the Trustee under Section 6.76.6. If the Company fails to pay such amounts the money it is required to pay the Trustee pursuant to the preceding paragraph forthwith upon such demandthe demand of the Trustee, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums money so due and unpaid, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon such Securities and any Coupons appertaining thereto and collect the moneys monies adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesSecurities and any Coupons appertaining thereto, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any Coupons appertaining thereto 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 such Securities or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Inmc Mortgage Holdings Inc), Indenture (Inmc Mortgage Holdings Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1i) default is made in the payment of any interest on, or any Additional Amounts with respect to, any Security of any series when such interest or Additional Amounts shall become due and payable and such default continues for a period of 30 days, or (2ii) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Axos Financial, Inc.), Indenture (Axos Financial, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants Issuers covenant that if: (1a) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or, (2b) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, or (c) default is made in the Company deposit of any sinking fund payment when and as due by the terms of any Security, then the Issuers will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company fails Issuers fail 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 Issuers, any Guarantor or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company Issuers, any Guarantor or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to any Securities of any series Series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (LD Acquisition Co 7 LLC), Indenture (Cypress Energy Partners, L.P.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that ifif a (1) default is made in the payment of any installment of interest on, on any Security or any Additional Amounts with respect to, any Security of any series Coupon appertaining thereto when such interest or Additional Amounts shall have become due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any premium on any Security at the its Maturity thereofor upon any redemption or by declaration or otherwise, the Company willshall, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such SecuritiesSecurities and any Coupons appertaining thereto, the whole amount of money then due and payable on with respect to such Securities for principal and any Coupons appertaining thereto, with interest upon the overdue principal, any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal installments of interest, and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, in addition thereto, such further amount of money 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, counsel and all other amounts due to the Trustee under Section 6.7. If the Company fails shall fail to pay such amounts the money it is required to pay the Trustee pursuant to the preceding paragraph forthwith upon such demandthe demand of the Trustee, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums money so due and unpaid, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon such Securities and any Coupons appertaining thereto and collect the moneys monies adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesSecurities and any Coupons appertaining thereto, wherever situated. In additionEvery recovery of judgment in any such action or other proceeding subject to the payment of the reasonable expenses, if any other Event disbursements and compensation of the Trustee, its agents and attorneys, shall be for the ratable benefit of the Holders of such Securities that shall be the subject of such action or proceeding. If a Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any Coupons appertaining thereto 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 such Securities or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Cit Group Inc), Indenture (Cit Group Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants and each Guarantor covenant that if (1a) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2b) default is made in the payment of the principal of (or premium, if any, on) on any Security at the Stated Maturity thereofthereof or otherwise, the Company willand such Guarantor shall, subject to Articles Thirteen and Fourteen, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest onpremium, if any, and Additional Amounts interest, with respect tointerest upon the overdue principal and premium, if any, and, to the extent that payment of such interest shall be legally enforceable, interest on any upon overdue principal and premium and on any overdue interest or Additional Amountsinstallments of interest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, borne by the Securities’ Yield to Maturity), ; 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, and all other amounts due the Trustee under Section 6.7. If the Company or any Guarantor, as the case may be, 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, unpaid and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any Guarantor or any other obligor upon such the Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Company, any Guarantor or any other obligor upon such the Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series under this Indenture or any Guarantee by such appropriate private or judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, including seeking recourse against any Guarantor pursuant to the terms of any Guarantee, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy, including, without limitation, seeking recourse against any Guarantor pursuant to the terms of a Guarantee, or to enforce any other proper remedy, subject however to Section 5.12. No recovery of any such judgment upon any property of the Company or any Guarantor shall affect or impair any rights, powers or remedies of the Trustee or the Holders.

Appears in 2 contracts

Samples: Third Supplemental Indenture (Penske Automotive Group, Inc.), First Supplemental Indenture (Penske Automotive Group, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if (1) default if an Event of Default for failure to make any payment due hereunder occurs and is made in the payment of any interest on, or any Additional Amounts with respect to, any Security of any series when such interest or Additional Amounts shall become due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereofcontinuing, the Company willshall, upon demand of the First Priority Indenture Trustee, pay to it, for the benefit of the First Priority Holders of such First Priority Securities, the whole amount then due and payable on such First Priority Securities for principal principal, premium (if any) and any premium interest, including Additional Amounts (if any), and interest onon any overdue principal (and premium, if any) and Additional Amounts with respect to, and, (to the extent that payment of such interest shall be legally enforceable, ) interest on any overdue principal and premium and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such borne by the First Priority Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturityat any applicable default rates), and, in addition thereto, all other amounts due on account of First Priority Obligations, including without limitation such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensationcompensation to, and expenses, disbursements and advances of the Trustee, First Priority Indenture Trustee and its agents and counsel, counsel and all other amounts due the First Priority Indenture Trustee under Section 6.7. . (b) If the Company fails and the Restricted Subsidiaries fail to pay such all of the amounts described in Section 5.3(a) forthwith upon such demand, the First Priority Indenture Trustee, in its own name and as trustee of an express trusttrust in favor of the First Priority Holders, 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesCompany, wherever situated. In addition, if provided that the Requisite First Priority Holders shall have the right to direct the time, method, and place of any other such proceeding(s) in accordance with and pursuant to Section 5.11 and the First Priority Collateral Trust Agreement. (c) If an Event of Default with respect to Securities of any series occurs and is continuing, the First Priority Indenture Trustee may in its discretion proceedat the expense of the Company, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the First Priority Holders of Securities of such series by such appropriate judicial proceedings and/or other means as the First Priority Indenture 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 First Priority Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy, provided that the Requisite First Priority Holders shall have the right to direct the time, method, and place of any such proceeding(s) in accordance with and pursuant to Section 5.11 and the First Priority Collateral Trust Agreement; and provided further, that the First Priority Indenture Trustee shall not be required to take any action except upon written direction from the Requisite Aggregate Holders.

Appears in 2 contracts

Samples: Indenture (Satelites Mexicanos Sa De Cv), Indenture (Satelites Mexicanos Sa De Cv)

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Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any installment of interest on, or on any Additional Amounts with respect to, any Debt Security of any series when such interest or Additional Amounts shall become payment becomes due and payable and such default continues for a period of 30 days, or, (2) default is made in the payment of the principal of (or premium, if any, on) any Debt Security at the Maturity thereof, or (3) default is made in the making or satisfaction of any sinking fund payment or analogous obligation when the same becomes due pursuant to the terms of the Debt Securities of any series, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Debt Securities, the whole amount then due and payable on such Securities Debt Securities, for the principal (and any premium premium, if any) and interest oninterest, and Additional Amounts with respect toif any, and, to the extent that payment of such interest shall be legally enforceable, interest on any upon the overdue principal (and premium premium, if any) and on any upon overdue interest or Additional Amountsinstallments of interest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), Overdue 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, and all other amounts due the Trustee under Section 6.7. If the Company fails to pay such amounts amount 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, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon such Securities Debt Securities, and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, Debt Securities wherever situated. In addition, if any other If an Event of Default with respect to Debt Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Debt Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Genesee & Wyoming Inc), Indenture (Scotts Company)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) default is made in the payment of any installment of interest onor Additional Amounts, or any Additional Amounts with respect toif any, on any Security of any series when such interest or Additional Amounts shall become Amount becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premiumpremium or Make-Whole Amount, if any, on) any Security of any series at the Maturity thereofits Maturity, then the Company will, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such SecuritiesSecurities of such series, the whole amount then due and payable on such Securities for principal (and any premium or Make-Whole Amount, if any) and interest on, and Additional Amounts Amount, with respect tointerest upon any overdue principal (and premium or Make-Whole Amount, if any) and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal and premium and on any overdue installments of interest or Additional Amounts, if any, at the rate or rates prescribed therefor borne by or provided for in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any Guarantor or any other obligor upon such Securities or Guarantees of such series and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Company, any Guarantor or any other obligor upon such SecuritiesSecurities or Guarantees of such series, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any related Guarantees 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.

Appears in 2 contracts

Samples: Indenture (Prologis Yen Finance LLC), Indenture (Prologis Yen Finance LLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants and each Guarantor, if any, covenant that if (1) if default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) or default is made in the payment of the principal of (or premium, if any, on) on any Security at the Stated Maturity thereofthereof or otherwise, then the Company and such Guarantor, if any, will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest onpremium, if any, and Additional Amounts interest, with respect tointerest upon the overdue principal and premium, if any, and, to the extent that payment of such interest shall be legally enforceable, interest on any upon overdue principal and premium and on any overdue interest or Additional Amountsinstallments of interest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, borne by the Securities’ Yield to Maturity), ; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and all other amounts due the Trustee under Section 6.7. If the Company or any Guarantor, if any, as the case may be, 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, unpaid and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any Guarantor or any other obligor upon such the Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company any Guarantor or any other obligor upon such the Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series under this Indenture or any Guarantee, if any, by such appropriate private or judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, including seeking recourse against any Guarantor pursuant to the terms of any Guarantee, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy, including, without limitation, seeking recourse against any Guarantor pursuant to the terms of a Guarantee, or to enforce any other proper remedy, subject however to Section 5.12. No recovery of any such judgment upon any property of the Company or any Guarantor shall affect or impair any rights, powers or remedies of the Trustee or the Holders.

Appears in 2 contracts

Samples: Consent Agreement (Blyth Inc), Supplemental Indenture (Blyth Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, any Security of any series when such interest or Additional Amounts shall become due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.other

Appears in 2 contracts

Samples: Indenture (BofI Holding, Inc.), Indenture (BofI Holding, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, ordays (except upon the occurrence of an Extended Interest Payment Period); (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Stated Maturity thereof, ; or (3) default is made in the deposit of any sinking fund payment when and as due by the terms of a Security of any series and such default continues for a period of 30 days; the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such SecuritiesSecurities then Outstanding, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest on, and Additional Amounts with respect to, for any sinking fund payment and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any), on any overdue interest and on any overdue interest or Additional Amountssinking fund payment, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 may, in its discretion, prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities of such series and collect the moneys monies adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default Default, of which a Responsible Officer of the Trustee has actual knowledge, with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Junior Subordinated Debt Securities Indenture (Travelers Property Casualty Corp), Junior Subordinated Debt Securities Indenture (Travelers Property Casualty Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or; (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof; or (3) default is made in the deposit of any sinking fund payment, when and as due by the terms of a Security of any series, the Company will, will upon demand of the Trustee, pay to it, for the benefit of the Holders Holder of such SecuritiesSecurity and coupons, if any appertaining thereto, the whole amount then due and payable on such Securities Security and coupons, if any appertaining thereto for principal (and any premium premium, if any) and interest on, and Additional Amounts with respect to, for any sinking fund payment and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any), on any overdue interest and on any overdue interest or Additional Amountssinking fund payment, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity)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 Trustee, its agents and counsel, and all other amounts due the Trustee under Section 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its it; 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 or any other obligor upon such Securities Security and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesSecurity, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and related coupons 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 appropriate remedy.

Appears in 2 contracts

Samples: Indenture (Textron Inc), Indenture (Textron Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company [and the Guarantor each] covenants that if (1) default is made in the payment of any installment of interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 dayspayable, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, or (3) default is made in the payment of any sinking or purchase fund or analogous obligation when the same becomes due by the terms of the Securities of any series, and any such default continues for any period of grace provided with respect to the Securities of such series, the Company [or the Guarantor, as the case may be,] will, upon demand of the Trustee, pay to it, for the benefit of the Holder of any such Security (or the Holders of any such Securitiesseries in the case of Clause (3) above), the whole amount then due and payable on any such Security (or on the Securities of any such series in the case of Clause (3) above) for principal (and any premium premium, if any) and interest oninterest, and Additional Amounts with respect to, andinterest, to the extent that payment of such interest shall be legally enforceable, interest on any upon the overdue principal (and premium premium, if any) and on any upon overdue interest or Additional Amountsinstallments of interest, at the such rate or rates as may be prescribed therefor in by the terms of any such Securities Security (or of Securities of any such series in the case of Original Issue Discount Securities, the Securities’ Yield to MaturityClause (3) above), ; 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, counsel and all other amounts due the Trustee under Section 6.7607. If the Company [or the Guarantor] 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, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company [or the Guarantor] or any other obligor upon the Securities of such Securities series and collect the moneys money adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company [or the Guarantor] or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series of Securities occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Subordinated Indenture (Fund American Co Inc/New), Subordinated Indenture (Fund American Co Inc/New)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1a) default is made in the payment of any installment of interest on, or any Additional Amounts with respect to, any Security of any series when such interest or Additional Amounts shall have become due and payable and such default continues for a period of 30 days, or (2b) default is made in the payment of the principal of or premium (or premium, if any, on) on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any of, premium (if any) and interest on, and on or any Additional Amounts with respect to, to such Securities and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and principal, premium (if any) and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities' Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.76.07. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (GMX Resources Inc), Indenture Agreement (GMX Resources Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if if (1a) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, then the Company will, upon written demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest oninterest, and Additional Amounts with respect toif any, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if If any other Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights. Except as may otherwise be provided in a supplemental indenture or Board Resolution in or pursuant to which the terms of the related Securities shall have been established pursuant to Section 301 of this Indenture, whether for the specific enforcement Trustee shall not be required to take notice or be deemed to have notice of any covenant default or agreement in Event of Default other than pursuant to paragraphs (a), (b) or (c) of Section 501 of this Indenture or in aid Indenture, unless a Responsible Officer of the exercise Trustee shall be specifically notified in writing at the Corporate Trust Office of any power granted hereinsuch default by the Company, or to enforce any other proper remedyby the Holders of a majority in aggregate principal amount of Outstanding Securities, and such notice references the Securities or this Indenture.

Appears in 2 contracts

Samples: Indenture (Western Massachusetts Electric Co), Indenture (Northeast Utilities System)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company Issuer covenants that if if (1i) default is made in the payment of any interest on, or on any Additional Amounts with respect to, any Security of any series Bond when such interest or Additional Amounts shall become the same becomes due and payable payable, and such default continues for a period of 30 five days, or (2ii) default is made in the payment of the then unpaid principal of any Bond on the Final Maturity Date for such Bond or (iii) default is made in the payment of the Optional Redemption Price or premiumMandatory Redemption Price, if anyas applicable, on) for any Security at Bond on the Maturity thereofOptional Redemption Date or Mandatory Redemption Date, as applicable, therefor, the Company Issuer will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securitiesthe Bonds, the whole amount then due and payable on such Securities Bonds for principal and any premium and interest, with interest on, and Additional Amounts with respect to, upon the overdue principal and, to the extent that payment at such rate of such interest shall be legally enforceable, interest on any upon overdue principal and premium and on any overdue interest or Additional Amountsinstallments of interest, at the respective rate or rates prescribed therefor in such Securities (or in borne by the case Bonds of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, applicable Class 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 its agents and counselcounsel and an amount sufficient to cover all amounts required to be paid by the Issuer under the Fee and Indemnity Agreement. (b) Subject to Section 11.16, and all other amounts due in case the Trustee under Section 6.7. If the Company fails Issuer shall fail forthwith 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 Proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding Proceeding to judgment or final decree decree, and may enforce the same against the Company Issuer or any other obligor upon such Securities Bonds and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company Issuer or any other obligor upon such SecuritiesBonds, wherever situated. In addition, if any other the moneys adjudged or decreed to be payable. (c) If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may may, as more particularly provided in its discretion proceedSection 5.04, in its own name and as trustee of an express trustdiscretion, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Bondholders, by such appropriate judicial proceedings 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 Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedyremedy or legal or equitable right vested in the Trustee by this Indenture or by law. (d) In case there shall be pending, relative to the Issuer or any other obligor upon the Bonds or any Person having or claiming an ownership interest in the Collateral, Proceedings under Title 11 of the United States 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 the Issuer or its property or such other obligor or Person, or in case of any other comparable judicial Proceedings relative to the Issuer or other obligor upon the Bonds, or to the creditors or property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of any Bonds 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, shall be entitled and empowered, by intervention in such Proceedings or otherwise: (i) to file and prove a claim or claims for the whole amount of principal and interest owing and unpaid in respect of the Bonds and to file such other papers or documents as may be necessary or advisable in order to have the claims of (A) 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 or willful misconduct), (B) the Bondholders and (C) each Person for whom a claim may be made under the Fee and Indemnity Agreement, allowed in such Proceedings; (ii) unless prohibited by applicable law and regulations, to vote on behalf of the Holders of Bonds in any election of a trustee, a standby trustee or Person performing similar functions in any such Proceedings; and (iii) to collect and receive any moneys or other property payable or deliverable on any such claims and to distribute all amounts received with respect to the claims of the Bondholders and of the Trustee on their behalf; and any trustee, receiver, liquidator, custodian or other similar official in any such Proceeding is hereby authorized by each of such Bondholders to make payments to the Trustee, and, in the event that the Trustee shall consent to the making of payments directly to such Bondholders, to pay to the Trustee (or such other beneficiary of the Fee and Indemnity Agreement) such amounts as shall be sufficient to cover reasonable compensation and other amounts owing hereunder to the Trustee or such Person, 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 and each predecessor Trustee except as a result of negligence or willful misconduct. (e) 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 Bondholder any plan of reorganization, arrangement, adjustment or composition affecting the Bonds or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Bondholder in any such proceeding except, as aforesaid, to vote for the election of a trustee in bankruptcy or similar Person. (f) All rights of action and of asserting claims under this Indenture, or under any of the Bonds, may be enforced by the Trustee without the possession of any of the Bonds or the production thereof in any trial or other Proceedings relative thereto, and any such action or proceedings instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the payment of the expenses, disbursements and compensation of the Trustee, each predecessor Trustee and their respective agents and attorneys, shall be for the ratable benefit of the Holders of the Bonds. (g) In any Proceedings brought by the Trustee (and also any 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 Bonds, and it shall not be necessary to make any Bondholder a party to any such Proceedings.

Appears in 2 contracts

Samples: Indenture (PSNH Funding LLC 2), Indenture (PSNH Funding LLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants and the Guarantor (if a Guarantee is in effect with respect to Securities of that series) covenant that if (1i) default is made in the payment of any installment of interest on, on or any Additional Amounts Amounts, payable with respect toto such interest, with respect to any Security of any series when such interest or Additional Amounts shall have become due and payable and such default continues for a period of 30 days, or (2ii) default is made in the payment of the principal of (or premium, if any, on) any premium on any Security or any Additional Amounts with respect thereto at the Maturity thereof, or (iii) default is made in the deposit of any sinking fund payment, when and as due by the terms of a Security of any series, the Company or the Guarantor, as the case may be, will, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and any Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and any premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, in addition thereto, such further amount as shall be sufficient all amounts owing to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and all other amounts due the Trustee counsel under Section 6.7. . (b) If the Company or the Guarantor, as the case may be, 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 Company, the Guarantor or any other obligor upon such Securities Security and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Company, the Guarantor or any other obligor upon such SecuritiesSecurity, wherever situated. In addition, if any other . (c) If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Senior Indenture (MRM Capital Trust Iii), Senior Indenture (Mutual Risk Management LTD)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company Issuer covenants that if if (1i) default Default is made in the payment of any interest on, or on any Additional Amounts with respect to, any Security of any series Transition Bond when such interest or Additional Amounts shall become becomes due and payable and such default Default continues for a period of 30 daysfive Business Days, or (2ii) default Default is made in the payment of the then unpaid principal of any Transition Bond on the Series Final Maturity Date or Class Final Maturity Date, as applicable, therefor (iii) Default is made in the payment of the Redemption Price or premium, if any, on) for any Security at Transition Bond on the Maturity thereofRedemption Date therefor, the Company willIssuer shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment Transition Bonds of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, in addition theretoSeries, 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 counselcounsel and the whole amount then due and payable on such Transition Bonds for principal, premium, if any, and all other amounts due interest, with interest upon the Trustee under Section 6.7. If overdue principal and premium, if any, and, to the Company fails extent payment at such rate of interest shall be legally enforceable, upon overdue instalments of interest, at the respective Bond Rate of such Series or the applicable Class of such Series. (b) In case the Issuer shall fail forthwith to pay such the amounts forthwith specified in clause (a) above upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding Proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding Proceeding to judgment or final decree decree, and may enforce the same against the Company Issuer or any other obligor upon such Securities Transition Bonds and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company Issuer or any other obligor upon such SecuritiesTransition Bonds, wherever situated. In addition, if any other the moneys adjudged or decreed to be payable. (c) If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may may, as more particularly provided in its discretion proceedSection 5.04, in its own name and as trustee of an express trustdiscretion, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Transition Bondholders, by such appropriate judicial proceedings 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 Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedyremedy or legal or equitable right vested in the Trustee by this Indenture or by law including foreclosing or otherwise enforcing the Lien on the Intangible Transition Property securing the Transition Bonds or applying to the PUC for sequestration of revenues arising with respect to such Intangible Transition Property. (d) In case there shall be pending, relative to the Issuer or any other obligor upon the Transition Bonds or any Person having or claiming an ownership interest in the Collateral, Proceedings under Title 11 of the United States 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 the Issuer or its property or such other obligor or Person, or in case of any other comparable judicial Proceedings relative to the Issuer or other obligor upon the Transition Bonds, or to the creditors or property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of any Transition Bonds 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, shall be entitled and empowered, by intervention in such Proceedings or otherwise: (i) to file and prove a claim or claims for the whole amount of principal, premium, if any, and interest owing and unpaid in respect of the Transition Bonds and to file such other papers 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 or bad faith) and of the Transition Bondholders allowed in such Proceedings; (ii) unless prohibited by applicable law and regulations, to vote on behalf of the Holders of Transition Bonds in any election of a trustee, a standby trustee or Person performing similar functions in any such Proceedings; (iii) to collect and receive any moneys or other property payable or deliverable on any such claims and to distribute all amounts received with respect to the claims of the Transition Bondholders 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 Transition Bonds allowed in any judicial proceedings relative to the Issuer, its creditors and its property; and any trustee, receiver, liquidator, custodian or other similar official in any such Proceeding is hereby authorized by each of such Transition Bondholders to make payments to the Trustee, and, in the event that the Trustee shall consent to the making of payments directly to such Transition Bondholders, 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. (e) 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 Transition Bondholder any plan of reorganization, arrangement, adjustment or composition affecting the Transition Bonds or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Transition Bondholder in any such proceeding except, as aforesaid, to vote for the election of a trustee in bankruptcy or similar Person. (f) All rights of action and of asserting claims under this Indenture, or under any of the Transition Bonds, may be enforced by the Trustee without the possession of any of the Transition Bonds or the production thereof in any trial or other Proceedings relative thereto, and any such action or proceedings instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the payment of the expenses, disbursements and compensation of the Trustee, each predecessor Trustee and their respective agents and attorneys, shall be for the ratable benefit of the Holders of the Transition Bonds. (g) In any Proceedings brought by the Trustee (and also any 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 Transition Bonds, and it shall not be necessary to make any Transition Bondholder a party to any such Proceedings.

Appears in 2 contracts

Samples: Indenture (Pp&l Transition Bond Co Inc), Indenture (Pp&l Transition Bond Co Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if: (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, ; or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof; or (3) default is made in the deposit of any sinking fund payment, when and as due by the terms of any Security; the Company will, upon demand of will pay to the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. . (b) If the Company fails to pay such amounts forthwith upon such demandforthwith, 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 decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other . (c) If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Wright Medical Group N.V.), Indenture (Atlas Air Worldwide Holdings Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, any Security of any series when such interest or Additional Amounts shall become due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.76.7 . 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Univest Corp of Pennsylvania), Indenture (Univest Corp of Pennsylvania)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1a) default is made in the payment of any interest on, or any Additional Amounts with payable in respect toof any interest on, any Security of any series when such interest or Additional Amounts Amounts, as the case may be, shall have become due and payable and such default continues for a period of 30 days, or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereofthereof and such default continues for the period of grace, if any, provided for with respect to such payment, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or and Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company or the Guarantor 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, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or the Guarantor or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Company, the Guarantor or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee at the direction of an express trust, the Holders proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Syngenta Ag), Indenture (Syngenta Finance N.V.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Issuer and each Guarantor covenants that if if (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, the Company willIssuer and each Guarantor shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity)established as contemplated by Section 301 therefor, 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, counsel and all any other amounts due to the Trustee under Section 6.7607. If the Company fails Issuer and the Guarantors fail 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, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company Issuer or the Guarantors or any other obligor upon such Securities or the Guarantees, as the case may be, and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Issuer or the Guarantors or any other obligor upon such SecuritiesSecurities or the Guarantees, as the case may be, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Amcor Flexibles North America, Inc.), Indenture (Amcor Flexibles North America, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1a) default is made in the payment of any installment of interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 daystwo Business Days, or (2b) default is made in the payment of the principal of (or premiumpremium including the Make-Whole Premium, if any, on) any Security at the Maturity thereofthereof and on any date required under Section 3.08, or any other payment due and owing under the Note Documents, the Company willshall, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium including the Make-Whole Premium, if any) and interest oninterest, and Additional Amounts with respect toif any, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium including the Make-Whole Premium, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and name, as trustee 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to the Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Mbia Inc), Indenture (Mbia Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1a) default is made in the payment of any interest on, or any Additional Amounts with respect to, any Security of any series on the Notes when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security the Notes at the Maturity thereof, the Company will, upon demand of the Trustee, pay to itthe Trustee (or in accordance with the Trustee’s order), for the benefit of the Holders of such Securitiesthe Notes, the whole amount then due and payable on such Securities the Notes for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity)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 disbursements, indemnities, liabilities and advances of the TrusteeTrustee and/or the Securities Administrator, its and each of their agents and counsel, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other Event of Default with respect to Securities of any series the Notes occurs and is continuingcontinuing of which a Responsible Officer of the Trustee has received written notice thereof, the Trustee may may, but, unless first requested to do so by the Holders of at least a majority in its discretion proceedaggregate principal amount of the Outstanding Notes and furnished with security and/or indemnity satisfactory to the Trustee against all costs, in its own name expenses and as trustee of an express trustliabilities, shall not be under any obligation to, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Second Supplemental Indenture (OM Asset Management PLC), First Supplemental Indenture (OM Asset Management PLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants and the Guarantor each covenants, in each case, that if (1) default is made in the payment of any installment of interest on, (including any Additional Interest) on or any Additional Amounts with respect to, to any Security of or any series Coupon appertaining thereto when such interest or Additional Amounts shall have become due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any premium on any Security or any Additional Amounts with respect thereto at the Maturity thereoftheir Maturity, the Company willor the Guarantor, as the case may be, shall, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such SecuritiesSecurities and any Coupons appertaining thereto, the whole amount of money then due and payable on with respect to such Securities for principal and any Coupons appertaining thereto, with interest (including any Additional Interest) upon the overdue principal, any premium and interest on, and Additional Amounts with respect to, and, (to the extent that payment of such interest shall be legally enforceableenforceable and, interest on if the Securities are held by an Assured Guaranty Trust, without duplication of any other amounts paid to such Assured Guaranty Trust in respect thereof) upon any overdue principal installments of interest and premium and on any overdue interest or Additional Amounts, Amounts at the rate or rates prescribed therefor borne by or provided for in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, in addition thereto, such further amount of money 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, counsel and all other amounts due to the Trustee under Section 6.76.6. If the Company or the Guarantor fails to pay such amounts the money it is required to pay the Trustee pursuant to the preceding paragraph forthwith upon such demandthe demand of the Trustee, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums money so due and unpaid, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or the Guarantor or any other obligor upon such Securities and any Coupons appertaining thereto and collect the moneys monies adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or the Guarantor or any other obligor upon such SecuritiesSecurities and any Coupons appertaining thereto, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any Coupons appertaining thereto 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 such Securities or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Assured Guaranty US Holdings Inc.), Indenture (Assured Guaranty LTD)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any installment of interest on, or any Additional Amounts with respect to, any Security of any series when such interest or Additional Amounts shall have become due and payable and such default continues for a period of 30 60 days, or (2) default is made in the payment of the principal of or premium (or premium, if any, on) on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any of, premium (if any) and interest on, and on or any Additional Amounts with respect to, to such Securities and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and principal, premium (if any) and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities' Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.76.07. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Primero Gas Marketing Co Inc), Indenture (Primero Gas Marketing Co Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that that, if: (1a) default is made in the payment of any installment of interest on, or on any Additional Amounts with respect to, any Debt Security of any series when such interest or Additional Amounts shall become payment becomes due and payable and such default continues for a period of 30 days, or, (2b) default is made in the payment of the principal of (or premium, if any, on) any Debt Security at the Maturity thereof, or (c) default is made in the making or satisfaction of any sinking fund payment or analogous obligation when the same becomes due pursuant to the terms of the Debt Securities of any series, then the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders holders of such Debt Securities, the whole amount then due and payable on such Debt Securities for the principal (and any premium premium, if any) and interest oninterest, and Additional Amounts with respect toif any, and, to the extent that payment of such interest shall be legally enforceable, interest on any upon the overdue principal (and premium premium, if any) and on any upon overdue interest or Additional Amountsinstallments of interest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), Overdue 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, and all other amounts due the Trustee under Section 6.7. If the Company fails to pay such amounts amount 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, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company Company, any Guarantor or any other obligor upon such Debt Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Company, any Guarantor or any other obligor upon such Securities, Debt Securities wherever situated. In addition, if any other If an Event of Default with respect to Debt Securities of any series occurs and is continuing, then the Trustee may in its discretion proceedmay, in its own name and as trustee of an express trustdiscretion, proceed to protect and enforce its rights and the rights of the Holders holders of Debt Securities of such series 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.

Appears in 2 contracts

Samples: Indenture (Pinnacle Entertainment Inc), Indenture (Pinnacle Entertainment Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants Issuer and the Guarantor covenant that if: (1) default is made in the payment of any installment of interest on, or any Additional Amounts with respect to, on any Security of any series and any related coupon when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security of any series at its Maturity, then the Maturity thereof, Issuer or the Company Guarantor will, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such SecuritiesSecurities of such series and coupons, the whole amount then due and payable on such Securities and coupons for principal (and premium, if any) and interest, with interest upon any premium overdue principal (and interest onpremium, and Additional Amounts with respect to, if any) and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal and premium and on any overdue installments of interest or Additional Amounts, at the rate or rates prescribed therefor borne by or provided for in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company Issuer or the Guarantor 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, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company Issuer or any other obligor upon such Securities of such series and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Issuer or any other obligor upon such SecuritiesSecurities of such series, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any related coupons 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.

Appears in 2 contracts

Samples: Indenture (American Standard Companies Inc), Indenture (American Standard Companies Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, any Security of any series when such interest or Additional Amounts shall become due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities' Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Quest Cherokee Oilfield Service, LLC), Indenture (Quest Cherokee Oilfield Service, LLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if, (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security of any series at the Maturity thereof, , (3) the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such SecuritiesSecurities of that series and any coupons appertaining thereto, to margin the whole amount then due and payable on such Securities of that series and coupons for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium on the premium, if any, and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), that series 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any coupons appertaining thereto 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.

Appears in 2 contracts

Samples: Indenture (United States Surgical Corp), Indenture (United States Surgical Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Issuer covenants and the Guarantor (if the Securities are Guaranteed Securities) covenants, in each case, that if (1) default is made in the payment of any installment of interest on, on or any Additional Amounts with respect to, to any Security of or any series Coupon appertaining thereto when such interest or Additional Amounts shall have become due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any premium on any Security at the Maturity thereofits Maturity, the Company willIssuer or the Guarantor (if the Securities are Guaranteed Securities), as the case may be shall, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such SecuritiesSecurities and any Coupons appertaining thereto, the whole amount of money then due and payable on with respect to such Securities for principal and any Coupons appertaining thereto, with interest upon the overdue principal, any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal installments of interest and premium and on any overdue interest or Additional Amounts, Amounts at the rate or rates prescribed therefor borne by or provided for in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, in addition thereto, such further amount of money 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, counsel and all other amounts due to the Trustee under Section 6.7606. If the Company Issuer or the Guarantor (if the Securities are Guaranteed Securities) fails to pay such amounts the money it is required to pay the Trustee pursuant to the preceding paragraph forthwith upon such demandthe demand of the Trustee, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums money so due and unpaid, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company Issuer or the Guarantor (if the Securities are Guaranteed Securities) or any other obligor upon such Securities and any Coupons appertaining thereto and collect the moneys monies adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Issuer or the Guarantor (if the Securities are Guaranteed Securities) or any other obligor upon such SecuritiesSecurities and any Coupons appertaining thereto, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any Coupons appertaining thereto 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 such Securities or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Reckson Associates Realty Corp), Indenture (Highwoods Forsyth L P)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Issuer covenants that if: (1) default is made in the payment of any installment of interest on, or any Additional Amounts with respect to, on any Security of any series issued by the Issuer when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security issued by the Issuer at the Maturity thereof, then the Company Issuer will, upon demand of the Trustee, pay to it, the Trustee for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest oninterest, if any, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and to the extent lawful on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company Issuer 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 Issuer, the Guarantors or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Issuer, the Guarantors or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default 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, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights 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 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.

Appears in 2 contracts

Samples: Indenture (Emera US Holdings Inc.), Indenture (Emera Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants and each Guarantor covenants, in each case, that if (1) default is made in the payment of any installment of interest on, on or any Additional Amounts with respect to, to any Security of or any series Coupon appertaining thereto when such interest or Additional Amounts shall have become due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any premium on any Security or any Additional Amounts with respect thereto at the Maturity thereoftheir Maturity, the Company willor the Guarantors, as the case may be, shall, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such SecuritiesSecurities and any Coupons appertaining thereto, the whole amount of money then due and payable on with respect to such Securities for principal and any Coupons appertaining thereto, with interest upon the overdue principal, any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal installments of interest and premium and on any overdue interest or Additional Amounts, Amounts at the rate or rates prescribed therefor borne by or provided for in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, in addition thereto, such further amount of money 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, counsel and all other amounts due to the Trustee under Section 6.76.6. If the Company or any Guarantor fails to pay such amounts the money it is required to pay the Trustee pursuant to the preceding paragraph forthwith upon such demandthe demand of the Trustee, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums money so due and unpaid, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or the Guarantor or any other obligor upon such Securities and any Coupons appertaining thereto and collect the moneys monies adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or the Guarantor or any other obligor upon such SecuritiesSecurities and any Coupons appertaining thereto, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any Coupons appertaining thereto 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 such Securities or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (FCC Acquisitions Corp), Indenture (Performance Materials I Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company and each Guarantor covenants that if: (1i) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, ; or (2ii) default is made in the payment of the principal of (or premium, if any, on) any Security at on the Maturity due date for payment thereof, the Company willor such Guarantor shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest on, and Additional Amounts with respect tointerest, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium premium, if any) and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, provided by the Securities’ Yield to Maturity), 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. In addition to the rights and powers set forth in Section 317(a) of the Trust Indenture Act, and all other amounts due the Trustee under Section 6.7. If shall be entitled to file such other papers or documents as may be necessary or advisable in order to have the Company fails to pay such amounts forthwith upon such demand, claims of the Trustee, Trustee and of the Holders of the Securities allowed in its own name and as trustee of an express trust, may institute a any judicial proceeding for relative to the collection of the sums so due and unpaidCompany, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company any Guarantor or any other obligor upon the Securities, its creditors, or its property, and to collect and receive any moneys or other property payable or deliverable on any such Securities claims, and collect to distribute the moneys adjudged same after the deduction of its charges and expenses; and any receiver, assignee or deemed trustee in bankruptcy or reorganization is hereby authorized by each of the Holders to be payable make such payments to the Trustee, and, in the manner provided event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for compensation and expenses, including counsel fees incurred by law out it up to the date of the property of the Company or any other obligor upon such Securities, wherever situateddistribution. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual 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.

Appears in 2 contracts

Samples: Senior Indenture (United Rentals Highway Technologies Gulf, LLC), Senior Secured Indenture (United Rentals Highway Technologies Gulf, LLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Bank covenants that if: (1a) default is made in the payment of any installment of interest on, or any Additional Amounts with respect to, on any Security of any series of Senior Securities when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, payable; or (2b) default is made in the payment of the principal of (or premium, if any, on) any such Security at the Maturity thereof; or (c) default is made in the payment of any sinking or purchase fund or analogous obligation when the same becomes due by the terms of the Securities of any such series, and any such default continues for any period of grace provided with respect to the Securities of such series, the Company Bank will, upon demand of the Trustee, pay to it, for the benefit of the Holder of any such Security of such series (or the Holders of any such Securitiesseries in the case of clause (c) above), the whole amount then due and payable on any such Security (or on the Securities of any such series in the case of clause (c) above) for principal (and any premium premium, if any) and interest oninterest, and Additional Amounts with respect to, andinterest, to the extent that payment of such interest shall be legally enforceable, interest on any upon the overdue principal (and premium premium, if any) and on any upon overdue interest or Additional Amountsinstallments of interest, at the such rate or rates as may be prescribed therefor in by the terms of any such Securities Security (or of Securities of any such series in the case of Original Issue Discount Securities, the Securities’ Yield to Maturityclause (c) above), ; 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, counsel and all other amounts due the Trustee under Section 6.7. If the Company Bank 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 unpaidunpaid (and including reasonable costs and expenses of such proceeding or other enforcement action), and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company Bank or any other obligor upon the Securities of such Securities series and collect the moneys money adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Bank or any other obligor upon such SecuritiesSecurities of such series, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series of Securities occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities Securityholders of such series by such appropriate judicial proceedings as the Trustee in its sole discretion may determine or as the Securityholders of a majority of the aggregate principal amount of all Securities Outstanding shall deem most effectual direct the Trustee (after receiving such indemnification and advances for expenses from such Securityholders as the Trustee may require) in order 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. However, under Chilean law, the Trustee will have no right to accelerate payments of principal or interest on the Subordinated Securities of any series upon the occurrence of or following an Event of Default. No remedy conferred upon or reserved to the Trustee (or to the Securityholders) by this Indenture is intended to be exclusive of any other remedy. Each remedy shall be cumulative and shall be in addition to every other remedy given hereunder or otherwise to the Trustee or to the Securityholders or now or hereafter existing. No delay in exercising or omission to exercise any remedy, right or power accruing upon the occurrence of any Event of Default shall impair the remedy, right or power, or shall be construed to be a waiver of any Event of Default or acquiescence therein. Every remedy, right and power may be exercised from time to time and as often as may be deemed to be expedient. No waiver of any Event of Default, whether by the Trustee or by the Securityholders, shall extend to or shall affect any subsequent Event of Default or shall impair any remedy, right or power consequent thereon.

Appears in 2 contracts

Samples: Indenture (Corpbanca/Fi), Indenture (Corpbanca/Fi)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants Issuers and the Guarantor covenant that if: (1a) default is made in the payment of any installment of interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall have become due and payable and such default continues for a period of 30 days, or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereofits Maturity, the Company Issuers or the Guarantor will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, Securities the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any upon the overdue principal (and premium and on any overdue interest or Additional Amountspremium, if any), at the rate or rates prescribed therefor borne by or provided for in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company fails Issuers or the Guarantor fail 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, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company Issuers, the Guarantor or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Issuers, the Guarantor or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual 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.

Appears in 2 contracts

Samples: Indenture (Sabra Health Care REIT, Inc.), Indenture (Sabra Mecosta LLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants Issuers covenant that if: (1a) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or, (2b) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, or (c) default is made in the Company deposit of any sinking fund payment when and as due by the terms of any Security, then the Issuers will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company fails Issuers fail 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 Issuers, any Guarantor or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company Issuers, any Guarantor or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to any Securities of any series Series occurs and is continuing, subject to Article VII of this Indenture, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Emerge Energy Services Finance Corp), Indenture (Rentech Nitrogen Pasadena Holdings, LLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Issuer covenants that if: (1a) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 daysdays (unless the entire amount of such payment is deposited by the Issuer with the Trustee or a Paying Agent prior to 11:00 a.m., orNew York City time, on the 30th day of such period), (2b) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, or (c) default is made in the Company deposit of any sinking fund payment when and as due by the terms of any Security, then the Issuer will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company Issuer 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 Issuer or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company Issuer or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to any Securities of any series Series occurs and is continuing, subject to Article VII of this Indenture, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that ifand the Guarantor covenant that: (1) if a default is made in the payment of any installment of interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall have become due and payable and such default continues for a period of 30 days, ; or (2) if a default is made in the payment of the principal of (or premium, if any, on) any premium on any Security at the Maturity thereofits Maturity, the Company willor the Guarantor, as the case may be, shall, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of such Securities, the whole amount of money then due and payable on with respect to such Securities for principal and Securities, with interest upon the overdue principal, any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal and premium and on any overdue installments of interest or Additional Amounts, at the rate or rates prescribed therefor in borne by the Securities of such Securities (or in the case of Original Issue Discount Securitiesseries, the Securities’ Yield to Maturity), and, and in addition thereto, such further amount of money 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, counsel and all other amounts due to the Trustee under Section 6.7. If the Company fails and the Guarantor shall fail to pay such amounts the money it is required to pay the Trustee pursuant to the preceding paragraph forthwith upon such demand, the demand of the Trustee the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums money so due and unpaid, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company Company, the Guarantor or any other obligor upon such Securities and collect the moneys monies adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Company, the Guarantor or any other obligor upon such Securities, wherever situated. In additionEvery recovery of judgment in any such action or other proceeding subject to the payment of the expenses, if any disbursements and compensation of the Trustee, its agents and attorneys, and all other amounts due to the Trustee under Section 6.7, shall be for the ratable benefit of the Holders of such Securities that shall be the subject of such action or proceeding. If an Event of Default Default, with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or such Securities or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (CIT Group Funding CO of Canada), Indenture (Cit Group Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any installment of interest on, or any Additional Amounts with respect to, on any Security of and any series related coupon when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, then the Company will, upon demand of the Trustee, pay to it, the Trustee for the benefit of the Holders of such SecuritiesSecurities and coupons, the whole amount then due and payable on such Securities and coupons for principal (and any premium premium, if any) and interest, and interest onon any overdue principal (and premium, if any) and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest is lawful on any overdue principal and premium and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default 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, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights 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 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.

Appears in 2 contracts

Samples: Indenture (Cendant Corp), Indenture (Cendant Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1a) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, or (c) default is made in the deposit of any sinking fund payment, if any, when and as due by the terms of a Security, then, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, reasonable expenses, disbursements and advances of the Trustee, its agents and counsel, and all other amounts due the Trustee under Section 6.7. 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to any Securities of any series Series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Harmony Biosciences Holdings, Inc.), Indenture (Redwood Trust Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company and each Guarantor, if any, covenants that if: (1a) default is made in the payment of any interest on, on or any Additional Amounts with respect to, to any Security of any series when such interest or Additional Amounts shall have become due and payable and such default continues for a period of 30 days, or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security of any series at the Maturity thereof, the Company and each Guarantor will, upon demand of the Trustee, pay to it, the Trustee for the benefit of the Holders of such SecuritiesSecurities of such series, the whole amount then due and payable on such Securities for principal principal, interest and any premium Additional Amounts, and interest on, and Additional Amounts with respect to, on any overdue principal and, to the extent that payment of such interest shall be legally enforceable, interest on upon any overdue principal installment of interest and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in borne by such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company or any Guarantor of such Securities, as the case may be, 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 Company, such Guarantor or any other obligor upon the Securities of such Securities series and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company Company, any such Guarantor or any other obligor upon the Securities of such Securitiesseries, wherever situated. In addition, if any other If an Event of Default with respect to the Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of the Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy. Nothing in this Section shall be considered to require the Trustee to institute any judicial proceeding.

Appears in 2 contracts

Samples: Indenture (Amvescap PLC/London/), Indenture (INVESCO North American Holdings, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any installment of interest on, or on any Additional Amounts with respect to, any Debt Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or, (2) default is made in the payment of the principal of (or premium, if any, on) any Debt Security at the Maturity thereof, or (3) default is made in the making or satisfaction of any sinking fund payment or analogous obligation when the same becomes due pursuant to the terms of the Debt Securities of any series, and such default continues for a period of 30 days, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Debt Securities, the whole amount then due and payable on such Securities Debt Securities, for the principal (and any premium premium, if any) and interest oninterest, and Additional Amounts with respect toif any, and, to the extent that payment of such interest shall be legally enforceable, interest on any upon the overdue principal (and premium premium, if any) and on any upon overdue interest or Additional Amountsinstallments of interest, at the at the rate or rates prescribed therefor in such Debt Securities (or, if no such rate or in rates are so prescribed, at the case of Original Issue Discount rate borne by the Debt Securities, the Securities’ Yield to Maturity), ; 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, and all other amounts due the Trustee under Section 6.7. If the Company fails to pay such amounts amount 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, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon such Securities Debt Securities, and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, Debt Securities wherever situated. In addition, if any other If an Event of Default with respect to Debt Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Debt Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Sigma Aldrich Corp), Indenture (Sigma Aldrich Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if (1) default is made in the payment of any interest on, or any Additional Amounts with respect to, on any Security of any series when such interest or Additional Amounts shall become becomes due and payable and such default continues for a period of 30 days, or, (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, or (3) default is made in the making or satisfaction of any sinking fund payment or analogous obligation when the same becomes due pursuant to the terms of any Security and such default continues for 5 days, the Company will, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amountsinterest, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), 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, and all other amounts due the Trustee under Section 6.7. If the Company fails shall fail 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 or any other obligor upon such Securities and collect the moneys adjudged or deemed decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. In addition, if any other If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed, in its own name and as trustee of an express trust, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Associated Banc-Corp), Indenture (Associated Banc-Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company Issuer covenants that if if (1i) default Default is made in the payment of any interest on, or on any Additional Amounts with respect to, any Security of any series Transition Bond when such interest or Additional Amounts shall become becomes due and payable and such default Default continues for a period of 30 daysfive Business Days, or (2ii) default Default is made in the payment of the then unpaid principal of any Transition Bond on the Final Maturity Date therefor or (iii) Default is made in the payment of the Redemption Price or premium, if any, on) for any Security at Transition Bond on the Maturity thereofRedemption Date therefor, the Company willIssuer shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest on, and Additional Amounts with respect to, and, to the extent that payment Transition Bonds of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Amounts, at the rate or rates prescribed therefor in such Securities (or in the case of Original Issue Discount Securities, the Securities’ Yield to Maturity), and, in addition theretoSeries, 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 counselcounsel and the whole amount then due and payable on such Transition Bonds for principal and interest, and all other amounts due with interest upon the Trustee under Section 6.7. If overdue principal and, to the Company fails extent payment at such rate of interest shall be legally enforceable, upon overdue instalments of interest, at the respective Interest Rate of such Series or the applicable Class of such Series. (b) In case the Issuer shall fail forthwith to pay such the amounts forthwith specified in clause (a) above upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding Proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding Proceeding to judgment or final decree decree, and may enforce the same against the Company Issuer or any other obligor upon such Securities Transition Bonds and collect the moneys adjudged or deemed to be payable in the manner provided by law out of the property of the Company Issuer or any other obligor upon such SecuritiesTransition Bonds, wherever situated. In addition, if any other the moneys adjudged or decreed to be payable. (c) If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may may, as more particularly provided in its discretion proceedSection 5.04, in its own name and as trustee of an express trustdiscretion, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Transition Bondholders, by such appropriate judicial proceedings 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 Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedyremedy or legal or equitable right vested in the Trustee by this Indenture or by law including foreclosing or otherwise enforcing the Lien on the Bondable Transition Property securing the Transition Bonds or applying to the BPU or a court of competent jurisdiction for sequestration of revenues arising with respect to such Bondable Transition Property. (d) In case there shall be pending, relative to the Issuer or any other obligor upon the Transition Bonds or any Person having or claiming an ownership interest in the Collateral, Proceedings under Title 11 of the United States 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 the Issuer or its property or such other obligor or Person, or in case of any other comparable judicial Proceedings relative to the Issuer or other obligor upon the Transition Bonds, or to the creditors or property of the Issuer or such other obligor, the Trustee, irrespective of whether the principal of any Transition Bonds 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 5.03, shall be entitled and empowered, by intervention in such Proceedings or otherwise: (i) to file and prove a claim or claims for the whole amount of principal and interest owing and unpaid in respect of the Transition Bonds and to file such other papers 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 or bad faith) and of the Transition Bondholders allowed in such Proceedings; (ii) unless prohibited by applicable law and regulations, to vote on behalf of the Holders of Transition Bonds in any election of a trustee, a standby trustee or Person performing similar functions in any such Proceedings; (iii) to collect and receive any moneys or other property payable or deliverable on any such claims and to distribute all amounts received with respect to the claims of the Transition Bondholders 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 Transition Bonds allowed in any judicial proceedings relative to the Issuer, its creditors and its property; and any trustee, receiver, liquidator, custodian or other similar official in any such Proceeding is hereby authorized by each of such Transition Bondholders to make payments to the Trustee, and, in the event that the Trustee shall consent to the making of payments directly to such Transition Bondholders, 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. (e) 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 Transition Bondholder any plan of reorganization, arrangement, adjustment or composition affecting the Transition Bonds or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Transition Bondholder in any such proceeding except, as aforesaid, to vote for the election of a trustee in bankruptcy or similar Person. (f) All rights of action and of asserting claims under this Indenture, or under any of the Transition Bonds, may be enforced by the Trustee without the possession of any of the Transition Bonds or the production thereof in any trial or other Proceedings relative thereto, and any such action or proceedings instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the payment of the expenses, disbursements and compensation of the Trustee, each predecessor Trustee and their respective agents and attorneys, shall be for the ratable benefit of the Holders of the Transition Bonds. (g) In any Proceedings brought by the Trustee (and also any 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 Transition Bonds, and it shall not be necessary to make any Transition Bondholder a party to any such Proceedings.

Appears in 2 contracts

Samples: Indenture (Pse&g Transition Funding LLC), Indenture (Pse&g Transition Funding LLC)

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