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 installment of interest on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security of any series at its Maturity, then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of Securities of such series, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and its agents and counsel, the Paying Agent and the Security Registrar. 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 Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such series, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 9 contracts

Samples: Indenture (North Haven Private Income Fund LLC), Indenture (Apollo Debt Solutions BDC), Indenture (HPS Corporate Lending Fund)

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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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premiumpremium including the Make-Whole Premium, if any, on) any Security of at the Maturity thereof and on any series at its Maturitydate required under Section 3.09, then the Company willshall, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premiumpremium including the Make-Whole Premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal (and premium including the Make-Whole Premium, if any) and on any overdue interest, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, 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 decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 7 contracts

Samples: Indenture (Transocean Ltd.), Indenture (Transocean Ltd.), Indenture (Transocean 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 on, or any Additional Amounts with respect to, any Security of any series when such interest becomes 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 (or premium, if any, on) on any Security of any series at its Maturitythe Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal of, premium (and premium, if any) and interest, if any, interest on or any Additional Amounts with interest upon any overdue principal (and premium, if any) respect to such Securities and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal, premium (if any) and on any overdue interest or Additional Amounts, at the rate or rates borne by or provided for 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 reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, and all other amounts due the Paying Agent and the Security RegistrarTrustee under Section 6.07. 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, 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 decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 6 contracts

Samples: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum 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 any Security of any series series, when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security of any series at its Maturitythe Maturity thereof and such default continues for a period of 10 days, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and principal, premium, if any) , and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal, premium, if any, and on any overdue interest, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and its agents and counsel, the Paying Agent and the Security Registrar. 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, decree and may enforce the same against the Company or any other obligor upon Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesCompany. In addition, wherever situated. If if an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed 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 6 contracts

Samples: Indenture (Know Labs, Inc.), Indenture (Exact Sciences Corp), Indenture (Akoustis 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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 daysdays (regardless of whether such payment is prohibited by the provisions of Article Fourteen hereof), or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof (regardless of any series at its Maturitywhether such payment is prohibited by the provisions of Article Fourteen hereof), then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) any premium and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of principal and any premium and on any overdue interest, if any, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 6 contracts

Samples: Indenture (Alto Ingredients, Inc.), Indenture (Pacific Ethanol, Inc.), Indenture (Globalstar, 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 upon any Security of any series when such interest becomes due and payable payable, and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (including any sinking fund payment) or premium, if any, on) on any Security of any series at its Maturityseries, then whether upon Maturity or upon any redemption or by declaration or otherwise, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such series, the whole amount then due and payable on Securities of such Securities series for principal, premium, if any, and interest, with interest upon the overdue principal (and premium, if any) , and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceableis lawful, upon any overdue installments of interest, if any, at the rate or rates borne prescribed therefor by or provided for in the terms of the Securities of such Securities, series; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, and may enforce the same against the Company or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default or a Default with respect to Securities of any series of Securities occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture for its own benefit and for the benefit 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 5 contracts

Samples: Subordinated Notes Indenture (First Midwest Bancorp Inc), Subordinated Notes Indenture (First Midwest Bancorp Inc), Subordinated Notes Indenture (Bok Financial Corp Et Al)

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 coupon of any Security of any series series, when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security of any series at its Maturitythe Maturity thereof and such default continues for a period of 10 days, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities of such seriesor coupons, if any, the whole amount then due and payable on such Securities for principal (and principal, premium, if any) , and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal, premium, if any, and on any overdue interest, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and its agents and counsel, the Paying Agent and the Security RegistrarSecurities or coupons. 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, decree and may enforce the same against the Company or any other obligor upon Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesCompany. In addition, wherever situated. If if an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed 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 5 contracts

Samples: Indenture (Methes Energies International LTD), Indenture (Tengion Inc), Indenture (Wireless Facilities Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that that, if: (1) default is made in the payment of any installment of interest on any Debt Security of or any series payment with respect to any Coupons when such interest or 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 series at its Maturitysinking 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 the Trusteeit, for the benefit of the Holders of such Debt Securities or of such seriesCoupons, the whole amount then due and payable on such Debt Securities or matured Coupons, for the principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, interest upon any the overdue principal (and premium, if any) and upon overdue installments of interest, if any, at the rate or rates borne by or provided for in such Securities, Overdue Rate; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, and may enforce the same against the Company or any other obligor upon such Debt Securities of such series and Coupons, and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Debt Securities of such series, and Coupons wherever situated. If an Event of Default with respect to Debt Securities of any series occurs and is continuing, then the Trustee may may, in its discretion discretion, 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 5 contracts

Samples: Indenture (Harrahs Entertainment Inc), Indenture (Hilton Hotels Corp), Indenture (Hilton Hotels Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) in case default is shall be made in the payment of any installment instalment of interest on any Security of any series series, as and when such interest becomes the same shall become due and payable payable, and such default continues shall have continued for a period of 30 days, or or (2) in case default is shall be made in the payment of the principal of (or and premium, if any, on) any Security of any series at on its MaturityMaturity or otherwise, then the Company willthen, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the Holders of such Securities of such series, the whole amount that then shall have become due and payable on all such Securities for principal (and premium, if any) and or interest, if any, or both, as the case may be, with interest upon any the overdue principal and (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, is enforceable under applicable law) upon any overdue installments instalments of interest, if any, interest at the rate or rates borne by or provided for in the Securities during the period of such Securities, default; and, in addition thereto, such further amount as shall be sufficient to cover reasonable compensation to the reasonable and documented costs and expenses of collectionTrustee, including the reasonable compensationits agents, expenses, disbursements and advances of the Trustee and its agents attorneys and counsel, and all other expenses and liabilities incurred, and all advances made, by the Paying Agent and the Security RegistrarTrustee except as a result of its negligence or bad faith. If In case 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 shall be entitled and empowered to institute a judicial proceeding any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such proceeding action or proceedings to judgment or final decree, and may enforce the same any such judgment or final decree against the Company or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such series, series wherever situatedsituated the moneys adjudged or decreed to be payable. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 4 contracts

Samples: Indenture (Ford Motor Co), Indenture (Ford Motor Co), Indenture (Ford Motor Co)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1if an Event of Default specified in Sections 5.01(1), 5.01(2) default is made in the payment or 5.01(3) occurs with respect to Securities of any installment of interest on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 daysseries, 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 Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities of such seriesand any coupons appertaining thereto, the whole amount then due and payable on such Securities and coupons for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue principal (and premium, if any) and on any overdue installments of interest, if any, at the rate or rates borne by or provided for prescribed therefor in such SecuritiesSecurities and coupons, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, counsel and all other amounts due the Paying Agent and the Security RegistrarTrustee under Section 6.07. 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, and may enforce the same against the Company or any other obligor upon Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such series, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series 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 (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)

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 or Additional Amounts, if any, on any Security of any series and any related coupon when such interest or Additional Amount becomes due and payable and such default continues for a period of 30 days, days or (2b) 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 Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities of such seriesseries and coupons, the whole amount then due and payable on such Securities and coupons for principal (and premium, if any) and interest, if anyinterest and Additional Amounts, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interestinterest or Additional Amounts, if any, at the rate or rates borne by or provided for in in, as the case may be, such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and its agents and counsel, the Paying Agent and the Security Registrar. 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, and may enforce the same against the Company or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such series, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series 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 (Leap Wireless International Inc), Indenture (Jmar Technologies Inc), Indenture (Neurocrine Biosciences Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1if an Event of Default specified in Section 5.01(a) default is made in the payment of any installment of interest on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 daysor 5.01(b) occurs, 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 Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of the Securities of such seriesseries and the coupons, if any, appertaining thereto, the whole amount then due and payable on such Securities and coupons for principal (and premium, if any) and interest, if any, with interest upon any the overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for such Securities (or, in the case of Securities of such series that are Original Issue Discount Securities, the Yield to Maturity in respect thereof); and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, and may enforce the same against the Company or any other obligor upon such Securities of such series and coupons and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesand coupons, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of the Securities of such series and the coupons, if any, 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 4 contracts

Samples: Indenture (Meritor, Inc. (Nev)), Indenture (Meritor Electric Vehicles, LLC), Indenture (Maremont Exhaust Products, Inc.)

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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or, (2) default is made in the payment of the principal of (or premiumpremium or other amounts, if any, on) any Security of any series at its Maturitythe Maturity thereof, then 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 Issuer will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premiumpremium and other amounts, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal (and premium and other amounts, if any) and on any overdue interest, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 Securities of such series and collect the moneys adjudged or 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 of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce secure any other proper remedy.

Appears in 4 contracts

Samples: Senior Debt Indenture (Cnooc LTD), Subordinated Debt Indenture (Nexen Inc), Subordinated Debt Indenture (Nexen Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants covenants, that if: (1i) default is made in the payment of any installment of interest on any Security of any series Series when such interest 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) on any Security of any series Series at its Maturitythe Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders Holder of Securities any such Security of such seriesthat Series, the whole amount then due and payable on such Securities any Security of that Series for principal, premium, if any, and interest, with interest upon the overdue principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceablelawful, upon any overdue installments of interest, if any, at the rate or rates borne prescribed therefor by or provided for in such Securities, the terms of any Security of that Series; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, counsel and any other amounts due the Paying Agent and the Security RegistrarTrustee under Section 8.07. 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, and may enforce the same against the Company or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to any Series of Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series 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 (Wal Mart Stores Inc), Indenture (Wal Mart Stores Inc), Indenture (Wal Mart Stores 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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security of any series at its Maturitythe Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal (and premium, if any) and on any overdue interest, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of all amounts due the Trustee and its agents and counsel, the Paying Agent and the Security Registrarany predecessor Trustee under Section 6.07. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, at the expense of Company, 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 the Guarantor or any other obligor upon such Securities of such series and collect the moneys adjudged or 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 of such seriesSecurities, wherever situated. If an any Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual 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 4 contracts

Samples: Indenture (Xl Group PLC), Indenture (Xl Group PLC), Indenture (XL Group Ltd.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) if default is made in the payment of (1) any installment of interest on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or days or (2) default is made in the payment of the principal of (or and premium, if any, on) any Security of any series at its Maturitythe Maturity thereof or otherwise, then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities of such serieseach series so affected, the whole amount then due and payable on such Securities of such series for principal (and premium, if any) and or interest, if any, or both, as the case may be, with interest upon any the overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates per annum borne by or provided for in the Securities during the period of such Securities, default; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 the Securities of such each series so affected and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities of such serieseach series so affected, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 4 contracts

Samples: Indenture (Energy Partners LTD), Indenture (El Paso Natural Gas Co), Indenture (Burlington Resources Finance Co)

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 (including any Additional Interest) on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 daysdays (subject to the deferral of any due date in the case of an Extension Period), or (2b) default is made in the payment of the principal of (or and premium, if any, on) any Security of any series at its Maturitythe Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal principal, including any sinking fund payment or analogous obligations (and premium, if any) and interest, if any, with interest upon (including any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for in such Securities, Additional Interest); and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of all amounts owing the Trustee and its agents and counsel, the Paying Agent and the Security Registrarunder 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, and may enforce the same against the Company or any other obligor upon the Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesthe Securities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Downey Financial Capital Trust I)

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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, ; or (2) default is made in the payment of the principal of (or premium, if any, on) any Security when due and payable whether at its maturity or upon acceleration, redemption or otherwise; (3) default is made in the deposit of any series at its Maturitysinking fund payment when and as due by the terms of any Security, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with interest upon on any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interest, if any, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Trust Indenture (Tribune Co), Indenture (Tribune Co), Indenture (Tribune 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 or any Additional Amounts payable in respect of any Security of any series when such interest becomes 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 Security of any series at its Maturity, then the Company will, upon demand of the Trustee, will pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) and interestinterest or Additional Amounts, if any, with interest upon any the overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if anyinterest or any Additional Amounts, at the rate or rates borne by or provided for in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. If the Company fails to pay such amounts forthwith upon such demandamounts, 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, and may enforce the same against the Company or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or such Securities or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Subordinated Indenture (BNC Bancorp), Subordinated Indenture (Eagle Bancorp Inc), Subordinated Indenture (Eagle Bancorp Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) in case default is shall be made in the payment of any installment of interest on any Security of any series series, as and when such interest becomes the same shall become due and payable payable, and such default continues shall have continued for a period of 30 days, or or (2) in case default is shall be made in the payment of the principal of (or and premium, if any, on) any Security of any series at on its MaturityMaturity and such default shall have continued for a period of five business days, then the Company willthen, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the Holders of such Securities of such series, the whole amount that then shall have become due and payable on all such Securities for principal (and premium, if any) and or interest, if anyor both, as the case may be, with interest upon any the overdue principal and (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, is enforceable under applicable law) upon any overdue installments of interest, if any, interest at the rate or rates borne by or provided for in the Securities during the period of such Securities, default; and, in addition thereto, such further amount as shall be sufficient to cover reasonable compensation to the reasonable and documented costs and expenses of collectionTrustee, including the reasonable compensationits agents, expenses, disbursements and advances of the Trustee and its agents attorneys and counsel, the Paying Agent and the Security Registrar. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name all other expenses 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 decreeliabilities incurred, and may enforce all advances made, by the same against the Company Trustee except as a result of its negligence or any other obligor upon Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such series, wherever situatedbad faith. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: If an Event of Default described in clause (1a) default is made in the payment or (b) of any installment of interest on any Security of any series when such interest becomes due Section 901 shall have occurred and payable and such default continues for a period of 30 daysbe continuing, 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 Company willshall, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities the Notes of the series with respect to which such seriesEvent of Default shall have occurred, the whole amount then due and payable on such Securities Notes for principal (and premium, if any) , and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such permitted by law, interest shall be legally enforceable, upon any overdue installments of intereston premium, if any, and on any overdue principal and interest, at the rate or rates borne by or provided for prescribed therefor in such SecuritiesNotes, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of any amounts due to the Trustee and its agents and counsel, the Paying Agent and the Security Registrarunder Section 1007. 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, decree and may enforce the same against the Company or any other obligor upon Securities of such series Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesNotes, wherever situated. If an Event of Default with respect to Securities Notes of any series occurs shall have occurred and is be continuing, the Trustee may in its discretion proceed to protect and enforce its rights (including, prior to the Release Date, any rights the Trustee may have as a holder of Senior Note First Mortgage Bonds) and the rights of the Holders of Securities Notes 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 (For Senior Notes) (Carolina Power & Light Co), Indenture (Southern Indiana Gas & Electric Co), Indenture (For Senior Notes) (Carolina Power & Light Co)

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 becomes 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) on any Security of any series at its Maturitythe Maturity thereof, then the Company will, upon on demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of the Securities of such that series, the whole amount then due and payable on such those Securities for principal (and premium, if any) , and interestinterest and any Additional Amounts, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal and premium, if any, and on any overdue interest and Additional Amounts, at the rate or rates borne by those Securities (or provided for in such the case of Original Issue Discount Securities, the Yield to Maturity of those Securities), and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and its each predecessor Trustee, their respective agents and counsel, and any other amounts due the Paying Agent and the Security RegistrarTrustee or any predecessor Trustee under Section 6.07. If the Company fails to pay such amounts forthwith upon on 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 any such proceeding to judgment or final decree, and may enforce the same against the Company (or any other obligor upon Securities of such series on those Securities) and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company (or any other obligor upon such Securities of such serieson those Securities), wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of those 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 (American Residential Services Inc), Indenture (Pentegra Dental Group Inc), Indenture (Innovative Valve 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 installment of interest on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security of any series at its Maturity, then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of Securities of such series, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and its agents and counsel, the Paying Agent Agent, and the Security Registrar. 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, and may enforce the same against the Company or any other obligor upon Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such series, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Loan and Security Agreement (GSV Capital Corp.), Indenture Agreement (TriplePoint Venture Growth BDC Corp.), Indenture Agreement (TriplePoint Venture Growth BDC 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 any Security of any series Series and any related coupon when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premiumpremium or Make-Whole Amount, if any, on) any Security of any series Series at its Maturity, then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities of such seriesSeries and coupons, the whole amount then due and payable on such Securities and coupons for principal (and premiumpremium or Make-Whole Amount, if any) and interest, if any, with interest upon any overdue principal (and premiumpremium or Make-Whole Amount, if any) and, to the extent that payment of such interest interest, if any, shall be legally enforceable, upon any overdue installments of interest, if any, interest at the rate or rates borne by or provided for in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, and may enforce the same against the Company or any other obligor upon such Securities of such series Series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSeries, wherever situated. If an Event of Default with respect to Securities of any series Series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series 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 3 contracts

Samples: Indenture Agreement (Boston Properties LTD Partnership), Indenture (Boston Properties LTD Partnership), Indenture (Boston Properties LTD Partnership)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) default is made in if the payment Company shall fail for a period of 30 days to pay any installment of interest on any Security the Securities of any series when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of or shall fail to pay the principal of (or and premium, if any, on) any Security of the Securities of any series when and as the same shall become due and payable, whether at its Stated Maturity, then or by call for redemption, pursuant to any sinking fund, by declaration as authorized by this Indenture, or otherwise, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities of such seriesand Coupons, if any, the whole amount then due and payable on such Securities and Coupons, if any, for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal (and premium, if any) and on any overdue interest, at the rate or rates borne by or provided for prescribed therefor in such Securities (or, in the case of Original Issue Discount Securities, the Securities; Yield to Maturity) and Coupons, if any, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such series, wherever situated. If an Event of Default with respect to Securities and Coupons, if any, of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture Agreement (Washington Mutual Inc), Indenture Agreement (Washington Mutual Inc), Indenture Provisions (Aristar 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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security of any series at its Maturitythe Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities of such seriesthat 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 premium, if any) any premium and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal and on the premium, if any, and overdue interest, at the rate or rates borne by or provided for prescribed therefor in such Securities, Securities of that series and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series 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 (United States Surgical Corp), Indenture (United States Surgical Corp), Indenture (United States Surgical Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1a) default is made a Default occurs in the payment of any installment of interest Interest on any Security Securities of any series and any related coupon when such interest Interest becomes due and payable and such default Default continues for a period of 30 days, or (2b) default is made a Default occurs in the payment of the principal of (of, or premium, if any, on) any Security on Securities of any series at its Maturitythe Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesseries and coupons, the whole amount then due and payable on such series of Securities and coupons for principal (and principal, premium, if any) any and interestInterest, if any, with interest upon any the overdue principal (and principal, premium, if any) , and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if anyInterest, at the rate or rates borne by or provided for in the Securities of such Securities, series; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, unpaid and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon the Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities of such series, wherever situated. If an Event of Default occurs and is continuing with respect to Securities of any series occurs and is continuingseries, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any related coupons under this Indenture by such appropriate private or 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 (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)

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 any Debt Security of any series when such interest or 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 series at its Maturitysinking 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 the Trusteeit, for the benefit of the Holders of Securities of such seriesDebt Securities, the whole amount then due and payable on such Securities Debt Securities, for the principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, interest upon any the overdue principal (and premium, if any) and upon overdue installments of interest, if any, at the rate or rates borne by or provided for in such Securities, Overdue Rate; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, and may enforce the same against the Company or any other obligor upon Securities of such series Debt Securities, and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Debt Securities of such series, wherever situated. If an Event of Default with respect to Debt Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of 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: Senior Debt Indenture (Calgon Carbon Corporation), Senior Debt Indenture (MOB Corp), Indenture (Scotts Miracle-Gro 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 any Security of or any series related coupon when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security of any series at its Maturitythe Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trustee, Trustee for the benefit of the Holders of such Securities of such seriesand coupons, the whole amount then due and payable on such Securities and coupons for principal (and premium, if any) and interest, if any, with and interest upon on any overdue principal (and premium, if any) and, and to the extent that payment of such interest shall be legally enforceable, upon lawful on any overdue installments of interest, if any, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 may, but shall not be obligated to, 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 decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. 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 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 3 contracts

Samples: Trust Indenture (High Tide Inc.), Indenture (Northern Dynasty Minerals LTD), Trust Indenture (Taseko Mines LTD)

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 any Security Debenture of any series, or any payment required by any sinking or analogous fund established with respect to Debentures of such series as and when such interest becomes the same 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 Debenture of any series at its Maturitywhen the same shall have become due and payable, then whether upon maturity of the Debentures of such series or upon redemption or upon declaration or otherwise, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities Debentures of such seriesseries and any Coupons appertaining thereto, the whole amount then due and payable on Debentures of such Securities series and Coupons for principal (and premium, if any) any premium and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceableenforceable under applicable law and required by the applicable series of Debentures, upon interest on any overdue installments of interestprincipal and on the premium, if any, and overdue interest, at the rate or rates borne by or provided for prescribed therefor in Debentures of such Securities, series and, if the Debentures of such series are held by a Sun Trust or a trustee of such trust, without duplication of any other amounts paid by such Sun Trust or trustee in respect thereof, upon overdue installments of interest at the rate per annum expressed in the Debentures of such series; and in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrarcounsel under Section 6.6. 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 Securities Debentures of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities Debentures of such series, wherever situated. If an Event of Default with respect to Securities Debentures of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities Debentures 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, either at law or in equity or in bankruptcy or otherwise 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 (Sun Healthcare Group Inc), Indenture (Sun Healthcare Group 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 installment of interest on any Security of any series when such interest becomes 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 its Maturitythe Maturity thereof, then the Company and each Guarantor will, upon demand of the Trustee, pay to the Trustee, Trustee for the benefit of the Holders of such Securities of such series, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with and interest upon on any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments installment of interest, if any, at the rate or rates borne by or provided for in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, decree and may enforce the same against the Company Company, such Guarantor or any other obligor upon the Securities of such series and collect the moneys adjudged or 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 such the Securities of such series, wherever situated. If an Event of Default with respect to the Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of 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 (IVZ Inc), Indenture (IVZ 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 any Security of any series and any related coupon when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security of any series at its Maturity, then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of Securities of such seriesseries and coupons, the whole amount then due and payable on such Securities and coupons for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, and may enforce the same against the Company or any other obligor upon Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such series, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series 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 (Prospect Capital Corp), Indenture (Prospect Capital 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 or Additional Amounts, if any, on any Security of any series and any related coupon when such interest or Additional 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 its Maturity, then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities of such seriesseries and coupons, the whole amount then due and payable on such Securities and coupons for principal (and premiumpremium or Make-Whole Amount, if any) and interest, if anyinterest and Additional Amounts, with interest upon any overdue principal (and premiumpremium or Make-Whole Amount, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interestinterest or Additional Amounts, if any, at the rate or rates borne by or provided for in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, and may enforce the same against the Company or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such series, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series 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 (Camden Property Trust), Indenture (American Campus Communities 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 installment of interest on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or; (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof; or (3) default is made in the deposit of any sinking fund payment, when and as due by the terms of a Security of that series at its Maturity, then and such default continues for a period of 30 days; the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal (and premium, if any) and on any overdue interest, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. Counsel. (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 of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. . (c) If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Tampa Electric Co), Indenture (Teco Energy 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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 dayspayable, or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security of any such series at its Maturitythe Maturity thereof, then then, with respect to the Securities of such series, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders Holder of Securities of any such seriesSecurity, the whole amount then due and payable on any such Securities Security for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable) upon the overdue principal (and premium, if any) and upon any overdue installments of interest, if any, at the such rate or rates borne as may be prescribed therefor by or provided for in the terms of any such Securities, Security; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, counsel and all other amounts due the Paying Agent and the Security RegistrarTrustee under Section 5.07. 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, and may enforce the same against the Company or any other obligor upon the Securities of such series and collect the moneys money adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. 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 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 (AV Homes, Inc.), Indenture (Avatar 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 any Debt Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or, (2) default is made in the payment of the principal of (or premium, if any, on) any Debt Security at the Maturity thereof, or (3) default is made in the making or satisfaction of any series at its Maturitysinking 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 the Trusteeit, for the benefit of the Holders of Securities of such seriesDebt Securities, the whole amount then due and payable on such Debt Securities for the principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for in such Securities, Additional Interest; and, in addition thereto, such further amount as shall be sufficient to cover any Additional Payments, including, without limitation, the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, and may enforce the same against the Company or any other obligor upon Securities of such series Debt Securities, and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Debt Securities of such series, wherever situated. If an Event of Default with respect to Debt Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of 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: Junior Subordinated Indenture (Rga Capital Trust Ii), Junior Subordinated Indenture (Reinsurance Group of America Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) if default is made in the payment of (1) any installment of interest on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or days or (2) default is made in the payment of the principal of (or and premium, if any, on) any Security of any series at its Maturitythe Maturity thereof or otherwise, then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities of such serieseach series so affected, the whole amount then due and payable on such Securities of such series for principal (and premium, if any) and or interest, if any, or both, as the case may be, with interest upon any the overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates per annum borne by or provided for in the Securities during the period of such Securities, default; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 Company, the Guarantor or any other obligor upon the Securities of such each series so affected and collect the moneys adjudged or 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 the Securities of such serieseach series so affected, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Burlington Resources Inc), Indenture (Burlington Resources Finance 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 any Debt Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or; (2) default is made in the payment of the principal of (or premium, if any, on) any Debt Security at the Maturity thereof; or (3) default is made in the making or satisfaction of any series at its Maturity, then 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 the Trusteeit, for the benefit of the Holders of such Debt Securities of such series, the whole amount then due and payable on such Debt Securities for the principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, interest upon any the overdue principal (and premium, if any) and upon overdue installments of interest, if any, at the rate or rates borne by or provided for in such Securities, Overdue Rate; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, and may enforce the same against the Company or any other obligor upon Securities of such series Debt Securities, and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company company or any other obligor upon such Debt Securities of such series, wherever situated. If an Event of Default with respect to Debt Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of 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 (Hca Inc/Tn), Indenture (Hca Inc/Tn)

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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, oror ​ ​ (2) default is made in the payment of the principal of (or premiumpremium including the Make-Whole Premium, if any, on) any Security of at the Maturity thereof and on any series at its Maturitydate required under Section 3.09, then the Company willshall, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premiumpremium including the Make-Whole Premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal (and premium including the Make-Whole Premium, if any) and on any overdue interest, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and name, 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 of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Transocean Ltd.), Indenture (Transocean 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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or; (2) default is made in the payment of the principal of (or premium, if any, on) any Security when due and payable whether at its maturity or upon acceleration, redemption or otherwise; or (3) default is made in the deposit of any series at its Maturitysinking fund payment when and as due by the terms of any Security, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with interest upon on any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interest, if any, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Belo a H Corp), Indenture (Belo a H Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) default is made Issuers covenant that, with respect to a series of Securities, if an Event of Default in the payment of any installment of principal, premium, or interest on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or specified in Section 6.1(1) or (2) default occurs and is made in continuing with respect to such series of Securities, the payment of the principal of (or premium, if any, on) any Security of any series at its Maturity, then the Company willIssuers shall, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities such series of such seriesSecurities, the whole amount then due and payable on such series of Securities for principal principal, premium (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal (and premium, if any) and on any overdue interest, at the rate or rates borne by or provided for in such series of Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensationcompensation to, and expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 trusttrust in favor of the Holders of such series of Securities, 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 Issuers or any other obligor upon Securities of such series of Securities and collect the moneys adjudged or 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 series of such seriesSecurities, wherever situated. If an Event of Default occurs and is continuing with respect to Securities a series of any series occurs and is continuingSecurities, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series of Securities 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 (Sun International Hotels LTD), Indenture (Ggri 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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 dayspayable, 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 series at its Maturitysinking or purchase fund or analogous obligation when the same becomes due by the terms of the Securities of any series, then and (d) any such default continues for any period of grace provided in relation to such default pursuant to Section 5.01, then, with respect to the Securities of such series, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holder of any such Security (or the Holders of Securities any such series in the case of such seriesclause (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 premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable) upon the overdue principal (and premium, if any) and upon any overdue installments of interest, if any, at the such rate or rates borne as may be prescribed therefor by the terms of any such Security (or provided for of Securities of any such series in such Securities, the case of clause (c) above); and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, counsel and all other amounts due the Paying Agent and the Security RegistrarTrustee under Section 6.07. 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, and may enforce the same against the Company or any other obligor upon the Securities of such series and collect the moneys money adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. 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 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: Subordinated Indenture (Air Industries Group), Subordinated Indenture (Air Industries Group)

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 on any Security of and any series related coupon when such interest 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 its Maturitythe Maturity thereof, or upon redemption or upon declaration or otherwise, then the Company Issuer will, upon demand of the Trustee, pay to the Trustee, Trustee for the benefit of the Holders of such Securities of such seriesand coupons, if any, the whole amount then due and payable on such Securities and coupons, if any, for principal (and premium, if any) and/or interest, and interest, if any, with interest upon on any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon and on any overdue installments of interest, if any, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, and any expenses, advances or liabilities incurred by the Paying Agent and the Security RegistrarTrustee hereunder other than through its negligence or bad faith. 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 Securities of such series Securities, including the Guarantors, and collect the moneys adjudged or 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 of such seriesSecurities, including the Guarantors, wherever situated. 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 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: Exhibit (Cooper Wiring Devices, Inc.), Execution Version (Eaton Corp PLC)

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 installment of interest on any Security of any series Transition Bond when such interest 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 principal of (or premium, if any, on) any Security then unpaid Principal of any series at its MaturityTransition Bond on the Final Maturity Date therefor or (iii) Default is made in the payment of the Redemption Price or for any Transition Bond on the Redemption Date therefor, then the Company willIssuer shall, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities the Transition Bonds of such series, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for in such Securities, and, in addition theretoSeries, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and its agents and counsel, the Paying Agent counsel and the Security Registrar. If whole amount then due and payable on such Transition Bonds for Principal and interest, with interest upon the Company fails overdue payment of principal and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments 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, and may enforce the same against the Company Issuer or any other obligor upon Securities of such series Transition Bonds and collect the moneys adjudged or 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 of such seriesTransition Bonds, wherever situated. , 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 Section 5.04, in its discretion discretion, 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. The Trustee shall request a court of competent jurisdiction to permit the BPU to issue and enforce any order 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 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 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 (JCP&L Transition Funding II LLC), Indenture (JCP&L Transition Funding II LLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Corporation covenants that if: (1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or and premium, if any, on) any Security of any series at its Maturitythe Maturity thereof, then the Company Corporation will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal principal, including any sinking fund payment or analogous obligations (and premium, if any) and interestinterest (including any Additional Interest), if anyand, with interest upon in addition thereto, all amounts owing the Trustee under Section 6.7. Payment of principal, including any overdue principal sinking fund payment or analogous obligations (and premium, if any) and, and interest (including any Additional Interest) on such Securities shall remain subordinated to the extent provided in Article XIII notwithstanding that payment of such interest amount shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for in such Securities, and, in addition thereto, such further amount become immediately due and payable as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and its agents and counsel, the Paying Agent and the Security Registrarherein provided. 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, and 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 of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Corporation or any other obligor upon such Securities of such seriesthe Securities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (NTC Capital Iii), Junior Subordinated Indenture (Northern Trust Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: If an Event of Default described in clause (1a) default is made in the payment or (b) of any installment of interest on any Security of any series when such interest becomes due Section 801 shall have occurred and payable and such default continues for a period of 30 daysbe continuing, 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 Company willshall, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of the Securities of the series with respect to which such seriesEvent of Default shall have occurred, the whole amount then due and payable on such Securities for principal (and premium, if any) interest and interestAdditional Amounts, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such permitted by law, interest shall be legally enforceable, upon on any overdue installments of principal, premium, interest, and Additional Amounts, if any, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of any amounts due to the Trustee and its agents and counselunder Section 907. Unless otherwise specified pursuant to Section 301 with respect to any series of Securities, the Paying Agent rate or rates at which Securities shall bear interest on overdue principal, premium, interest and Additional Amounts shall be, to the Security Registrarextent permitted by law, the same rate or rates at which such Securities shall bear interest prior to maturity. 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, 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 decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs shall have occurred and is be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Nice Systems LTD), Indenture (Txu Australia Holdings Partnership L P)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) in case default is shall be made in the payment of any installment of interest on any Security of any series series, as and when such interest becomes the same shall become due and payable payable, and such default continues shall have continued for a period of 30 days, or or (2) in case default is shall be made in the payment of the principal of (or and premium, if any, on) any Security of any series at on its MaturityMaturity or otherwise, then the Company willthen, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the Holders of such Securities of such series, the whole amount that then shall have become due and payable on all such Securities for principal (and premium, if any) and or interest, if any, or both, as the case may be, with interest upon any the overdue principal and (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, is enforceable under applicable law) upon any overdue installments of interest, if any, interest at the rate or rates borne by or provided for in the Securities during the period of such Securities, default; and, in addition thereto, such further amount as shall be sufficient to cover reasonable compensation to the reasonable and documented costs and expenses of collectionTrustee, including the reasonable compensationits agents, expenses, disbursements and advances of the Trustee and its agents attorneys and counsel, and all other expenses and liabilities incurred, and all advances made, by the Paying Agent and the Security RegistrarTrustee except as a result of its negligence or bad faith. If In case 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 shall be entitled and empowered to institute a judicial proceeding any action or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such proceeding action or proceedings to judgment or final decree, and may enforce the same any such judgment or final decree against the Company or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such series, series wherever situatedsituated the moneys adjudged or decreed to be payable. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Mpower Holding Corp), Indenture (Ford Motor 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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, orpayable; (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 series at its Maturitysinking 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, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holder of any such Security (or the Holders of Securities any such series in the case of such seriesClause (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 premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) andinterest, to the extent that payment of such interest shall be legally enforceable, upon any the overdue principal (and premium, if any) and upon overdue installments of interest, if any, at the such rate or rates borne as may be prescribed therefor by the terms of any such Security (or provided for of Securities of any such series in such Securities, the case of Clause (3) above); and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, counsel and all other amounts due the Paying Agent and the Security RegistrarTrustee under Section 6.07 except as a result of its negligence or willful misconduct. 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, and may enforce the same against the Company or any other obligor upon the Securities of such series and collect the moneys money adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. 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 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 may 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 (Bath Iron Works Corp//), Indenture (Gulfstream Aerospace Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: if (1) default is made in the payment of any installment of interest on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 daysdays (whether or not such payment is prohibited by the provisions of Article XIV hereof), or or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof (whether or not such payment is prohibited by the provisions of any series at its MaturityArticle XIV hereof), then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) any premium and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of principal and premium and on any overdue interest, if any, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, counsel and other amounts due to the Paying Agent and the Security RegistrarTrustee pursuant to Section 607. 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 Company, or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Company, or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Enterprise Financial Services Corp), Indenture (Park National Corp /Oh/)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: If an Event of Default described in clause (1a) default is made in the payment or (b) of any installment of interest on any Security of any series when such interest becomes due Section 8.01 shall have occurred and payable and such default continues for a period of 30 daysbe continuing, 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 Company willshall, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of the Debt Securities of the series with respect to which such seriesEvent of Default shall have occurred, the whole amount then due and payable on such Debt Securities for principal (and premium, if any) , and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such permitted by law, (i) interest shall be legally enforceable, upon any overdue installments of intereston premium, if any, (ii) interest on any overdue principal and (iii) Additional Interest, at the rate or rates borne by or provided for prescribed therefor in such Debt Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of any amounts due to the Trustee and its agents and counsel, the Paying Agent and the Security Registrarunder Section 9.07. 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, decree and may enforce the same against the Company or any other obligor upon such Debt Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesDebt Securities, wherever situated. If an Event of Default with respect to Debt Securities of any series occurs shall have occurred and is be continuing, the Trustee may in its discretion 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 (Devon Financing Trust Ii), Indenture (Devon Energy 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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security of any series at its Maturity, then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of Securities of such series, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, and may enforce the same against the Company or any other obligor upon Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such series, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (TCP Capital Corp.), Indenture (TCP Capital 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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days60 days (whether or not such payment is prohibited by the provisions of Article Fifteen hereof), or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof (whether or not such payment is prohibited by the provisions of any series at its MaturityArticle Fifteen hereof), then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) any premium and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of principal and any premium and on any overdue interest, if any, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, if applicable, the Guarantors or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or, if applicable, the Guarantors or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Frontier Oil Corp /New/), Indenture (Comstock Resources 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 on, or any Additional Amounts with respect to, any Security of any series when such interest becomes 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 (or premium, if any, on) on any Security of any series at its Maturitythe Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal of, premium (and premium, if any) and interest, if any, interest on or any Additional Amounts with interest upon any overdue principal (and premium, if any) respect to such Securities and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal, premium (if any) and on any overdue interest or Additional Amounts, at the rate or rates borne by or provided for 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 reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, and all other amounts due the Paying Agent and the Security RegistrarTrustee under Section 6.07. 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, 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 decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum 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 any Security of Security, or any series Additional Amounts payable with respect thereto, when such interest becomes 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 any principal of (or premium, if any, on) , or any Additional Amounts payable in respect of any principal of or premium, if any, on any Security of any series at its Maturity, then ; the Company willshall, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount of money then due and payable on with respect to such Securities for principal (and premium, if any) and interest, if anySecurities, with interest upon the overdue principal, any overdue principal (and premium, if any) premium and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, interest and Additional Amounts at the rate or rates borne by or provided for in such Securities, and, in addition thereto, such further amount of money as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, counsel and all other amounts due to the Paying Agent and the Security RegistrarTrustee 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, 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 decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may and at the direction of the Holders of not less than 25% in its discretion principal amount of the Outstanding Securities of such series shall, so long as such Holders shall have provided the Trustee with such indemnity as it shall require, 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 (Radisys Corp), Indenture (Radisys 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 any Security of and any series related coupon when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof, or (3) default is made in the payment of any series at its Maturitysinking or purchase fund or analogous obligation when the same becomes due by the terms of the Securities of any series, then 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 the Trusteeit, for the benefit of the Holder of any such Security and coupon (or the Holders of Securities of any such series), the whole amount then due and payable on any such Security and coupon (or on the Securities and coupons of any such series) for principal (and premium, if any) any premium and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of principal and premium and on any overdue interest, if any, at the rate or rates borne prescribed therefor by the terms of any such Security (or provided for in of Securities of any such Securities, series); and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, counsel and any other amounts due to the Paying Agent and the Security RegistrarTrustee under Section 6.07. 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, 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 decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. 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 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 (Celestica Inc), Indenture (Celestica Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) default is shall be made in the payment of any installment of interest on any Security of the Securities of any series when and as such interest becomes shall become due and payable payable, and such default continues shall have continued for a period of 30 days, or (2) default is shall be made in the payment of the principal of (or premium, if any, on) any Security of the Securities of any series when the same shall have become due and payable, whether at its Maturitythe Stated Maturity thereof or otherwise, then the Company willshall, upon demand of the Trustee, pay to or deposit with the Trustee, for the benefit of the Holders of the Securities of such series, the whole amount then due and payable on such Securities Securities, including all Coupons appertaining thereto, for principal (and premium, if any) and interest, if any, interest (with interest to the date of such payment upon any overdue principal (and premium, if any) premium and, to the extent that payment of such interest shall be legally enforceableenforceable under applicable law, upon any on overdue installments of interest, if any, interest at the same rate as the rate of interest (or rates borne by at the yield to Stated Maturity, in the case of Original Issue Discount Securities) specified in the Securities of such series to the date of such payment or provided for in such Securities, deposit); and, in addition thereto, such further additional amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, except those incurred as a result of any such person's negligence or bad faith. Until such demand shall be made by the Paying Agent Trustee, the Company may pay the principal of (and premium, if any) and interest on the Security RegistrarSecurities of such series to the Holders of such Series. 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 proceedings for the collection of the sums amounts so due and unpaid, may prosecute such proceeding proceedings to judgment or final decree, decree and may enforce the same against the Company or any other obligor upon the Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to the Securities of any series occurs shall occur and is be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.the

Appears in 2 contracts

Samples: Indenture (Corn Products International Inc), Indenture (Corn Products International Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: If an Event of Default described in clause (1a) default is made in the payment or (b) of any installment of interest on any Security of any series when such interest becomes due Section 801 shall have occurred and payable and such default continues for a period of 30 daysbe continuing, 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 Company willor the Guarantor shall, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of the Securities of the series with respect to which such seriesEvent of Default shall have occurred, the whole amount then due and payable on such Securities for principal (and premium, if any) , and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such permitted by law, interest shall be legally enforceable, upon any overdue installments of intereston premium, if any, and on any overdue principal and interest, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of any amounts due to the Trustee and its agents and counselunder Section 907. Unless otherwise specified pursuant to Section 301 with respect to any series of Securities, the Paying Agent rate or rates at which Securities shall bear interest on overdue principal, premium, interest and Additional Interest, if any, shall be, to the Security Registrarextent permitted by law, the same rate or rates at which such Securities shall bear interest prior to Maturity. 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, decree and may enforce the same against the Company and the Guarantor or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company and the Guarantor or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs shall have occurred and is be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (FPL Group Inc), Indenture (FPL Group Capital Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The If the Company covenants that if: (1) default is made in the payment shall fail for a period of 30 days to pay any installment of interest on any Security the Securities of any series or shall fail to pay the principal of and premium, if any, on any of the Securities of such series when such interest becomes and as the same shall become due and payable and such default continues payable, whether at maturity, or by call for redemption (otherwise than pursuant to a sinking fund) by declaration as authorized by this Indenture, or otherwise, or shall fail for a period of 30 daysdays to make any sinking fund payment as to a series of Securities, 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 Company willthen, upon demand of the Trustee, the Company will pay to the Trustee, Trustee for the benefit of the Holders of Securities of such series, series then Outstanding the whole amount which then shall have become due and payable on any such Securities for Security, with interest on the overdue principal (and premium, if any) , and interest, if any, with interest upon any overdue principal (and premium, if any) and, to so far as the extent that payment of such interest shall same may be legally enforceable, upon any ) on the overdue installments of interest, if any, interest at the rate or rates borne by or provided for in the Securities of such Securitiesseries, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of all amounts owing the Trustee and its agents and counsel, the Paying Agent and the Security Registrarany predecessor trustee hereunder under Section 6.7. If In case the Company fails 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 shall be entitled and empowered to institute a judicial any action or proceeding at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce the same any such judgment or final decree against the Company or any other obligor upon the Securities of such series series, and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities of such series, wherever situated, in the manner provided by law. Every recovery of judgment in any such action or other proceeding, subject to the payment to the Trustee of all amounts owing the Trustee and any predecessor trustee hereunder under Section 6.7, shall be for the ratable benefit of the Holders of such series of Securities which shall be the subject of such action or proceeding. All rights of action upon or under any of the Securities or this Indenture may be enforced by the Trustee without the possession of any of the Securities and without the production of any thereof at any trial or any proceeding relative thereto. If an Event a Default, of Default which a Responsible Officer of the Trustee has actual knowledge, with respect to Securities of any series of Securities occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture 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 (CGMH Capital Iv), Indenture (Citigroup Capital Xii)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) default is shall be made in the payment of any installment of interest on any Security of the Securities of any series when and as such interest becomes shall become due and payable payable, and such default continues shall have continued for a period of 30 days, or (2) default is shall be made in the payment of the principal of (or premium, if any, on) any Security of the Securities of any series when the same shall have become due and payable, whether at its Maturitythe Stated Maturity thereof or otherwise, then the Company willshall, upon demand of the Trustee, pay to or deposit with the Trustee, for the benefit of the Holders of the Securities of such series, the whole amount then due and payable on such Securities Securities, including all Coupons appertaining thereto, for principal (and premium, if any) and interest, if any, interest (with interest to the date of such payment upon any overdue principal (and premium, if any) premium and, to the extent that payment of such interest shall be legally enforceableenforceable under applicable law, upon any on overdue installments of interest, if any, interest at the same rate as the rate of interest (or rates borne by at the yield to Stated Maturity, in the case of Original Issue Discount Securities) specified in the Securities of such series to the date of such payment or provided for in such Securities, deposit); and, in addition thereto, such further additional amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, except those incurred as a result of any such person’s negligence or bad faith. Until such demand shall be made by the Paying Agent Trustee, the Company may pay the principal of (and premium, if any) and interest on the Security RegistrarSecurities of such series to the Holders of such Series. 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 proceedings for the collection of the sums amounts so due and unpaid, may prosecute such proceeding proceedings to judgment or final decree, decree and may enforce the same against the Company or any other obligor upon the Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to the Securities of any series occurs shall occur and is be continuing, the Trustee may in its discretion 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.

Appears in 1 contract

Samples: Indenture (Ingredion 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 any Security Debenture of any series, or any payment required by any sinking or analogous fund established with respect to Debentures of such series as and when such interest becomes the same 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 Debenture of any series at its Maturitywhen the same shall have become due and payable, then whether upon maturity of the Debentures of such series or upon redemption or upon declaration or otherwise, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities Debentures of such seriesseries and any Coupons appertaining thereto, the whole amount then due and payable on Debentures of such Securities series and Coupons for principal (and premium, if any) any premium and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceableenforceable under applicable law, upon interest on any overdue installments of interestprincipal and on the premium, if any, and overdue interest, at the rate or rates borne by or provided for prescribed therefor in Debentures of such Securities, series and, if the Debentures of such series are held by a Sun Trust or a trustee of such trust, without duplication of any other amounts paid by such Sun Trust or trustee in respect thereof, upon overdue installments of interest at the rate per annum expressed in the Debentures of such series; and in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrarcounsel under Section 6.6. 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 Securities Debentures of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities Debentures of such series, wherever situated. If an Event of Default with respect to Securities Debentures of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities Debentures 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, either at law or in equity or in bankruptcy or otherwise 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 1 contract

Samples: Indenture (Sun Healthcare 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 any Security of any series when such interest 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) on any Security of any series at its Maturitythe Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders Holder of Securities of any such seriesSecurity or coupon appertaining thereto, if any, the whole amount then due and payable on any such Securities Security or coupon for principal, premium, if any, and interest, with interest upon the overdue principal (and premium, if any) , and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, lawful) upon any overdue installments of interest, if any, at the rate or rates borne prescribed therefor by or provided for in the terms of any such Securities, Security; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, counsel and any other amounts due the Paying Agent and the Security RegistrarTrustee under Section 8.07. 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, and may enforce the same against the Company or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. 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 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.. Subordinated Indenture

Appears in 1 contract

Samples: Indenture (Collins & Aikman Corp)

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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 any Security of any series when such interest 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 its Maturitythe Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trustee, Trustee for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with and interest upon on any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for in such Securities), and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 the Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesthe Securities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in any Security Document or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (Gb Property Funding Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if: (1) default is made in the payment of any installment of interest on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, ; or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof; or (3) default is made in the deposit of any series at its Maturitysinking fund payment, then when and as due by the terms of a Security; the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal (and premium, if any) and on any overdue interest, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, counsel to the Paying Agent and the Security Registrar. extent required to be paid under Section 8.7. (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, and may enforce the same against the Company or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. . (c) If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (LPL Financial Holdings Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: if (1) default is made in the payment of any installment of interest on any Security of any series when such interest 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 (other than a Security that becomes due and payable by the terms thereof pursuant to Article Twelve), or (3) default is made in the payment of the principal of (or premium, if any, on) any series at its MaturitySecurity on the date fixed for redemption of such Security by the terms thereof pursuant to Article Twelve and such default continues for a period of 30 days, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal (and premium, if any, ) at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrarall other amounts due to such Trustee under Section 607. 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 of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.. 27 35

Appears in 1 contract

Samples: Indenture (Solutia Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) if default is made in the payment of the principal of any installment of Security at the Maturity thereof or any interest on any Security of any series when such interest becomes due and payable and such default continues for a period of five Business Days after receipt of notice for any interest payment or such other amount due on or prior to the Conversion Date, and within 30 days, or (2) default is made in the payment days of the principal date due for any interest payment or such other amount due after the earlier of (or premiumthe Conversion Date and December 31, if any2011, on) any Security of any series at its Maturity, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of principal and on any overdue interest, if any, at the rate or rates borne by or provided for in such the Securities, together with any Additional Amounts thereon, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, and all amounts due the Paying Agent and the Security RegistrarTrustee under Section 607. 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 Company, any Guarantor or any other obligor upon the Securities of such series and collect the moneys adjudged or 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 of such seriesthe Securities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Note Indenture or the Guarantee or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Note Indenture (Cemex Sab De Cv)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Corporation covenants that if: (1) default is made in the payment of any installment of interest on any Security of Security, or any series related Coupon when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security of any series at its Maturitythe Maturity thereof, then the Company Corporation will, upon demand of the Trustee, pay to the Trustee, Trustee for the benefit of the Holders of such Securities of such seriesand Coupons, the whole amount then due and payable on such Securities and Coupons for principal (and premium, if any) and interest, if any, with and, to the extent lawful, interest upon on any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon and on any overdue installments of interest, if any, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, decree and may enforce the same against the Company Corporation or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Corporation or any other obligor upon such Securities of such seriesSecurities, wherever situated. 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 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 52 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 1 contract

Samples: Indenture (Transalta Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) if default is made in the payment of (1) any installment of interest on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or days or (2) default is made in the payment of the principal of (or and premium, if any, on) any Security of any series at its Maturitythe Maturity thereof or otherwise, then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities of such serieseach series so affected, the whole amount then due and payable on such Securities of such series for principal (and premium, if any) and or interest, if any, or both, as the case may be, with interest upon any the overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates per annum borne by or provided for in the Securities during the period of such Securities, default; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 the Securities of such each series so affected and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities of such serieseach series so affected, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual 42 -36- 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 1 contract

Samples: Indenture (Burlington Resources Finance Co)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) default is made the Company defaults in the payment of any installment of interest or other amount due from time to time on any Security of any series when such interest or other amount becomes due and payable and such default continues for a period of 30 days, or (2) default the Company defaults in the payment of the principal of, or premium, if any, on any Security of any series when the same shall become due and payable at Maturity or upon redemption, or (3) the Company defaults is made in the payment of any sinking or analogous obligation when the principal same becomes due by the terms of (or premium, if any, on) any Security the Securities of any series at its Maturityseries, and any such default continues for any period of grace provided with respect to the Securities of such series, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premiumpremium and other amounts, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal (and premium and other amounts, if any) and on any overdue interest, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesCompany, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce secure any other proper remedy.

Appears in 1 contract

Samples: Senior Debt Indenture (Triarc Companies Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants and each Guarantor, if any, covenant that if: (1a) default is made in the payment of any installment of interest on any Security of any series when such interest 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 of any series at its Maturitythe Stated Maturity thereof or otherwise, then the Company and such Guarantor, if any, will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) , and interest, if any, with interest upon any the overdue principal (and premium, if any) , and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for in such the Securities, ; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, and may enforce the same against the Company or any Guarantor or any other obligor upon the Securities of such series and collect the moneys adjudged or 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 Securities of such seriesthe Securities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series 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 1 contract

Samples: Indenture (Blyth 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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days15 days and such default is not cured by any Partner pursuant to Section 4.1(a), or (2b) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof and such default continues for a period of 5 days and such default is not cured by any series at its MaturityPartner pursuant to Section 4.1(a), then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of Securities of such series, Security the whole amount then due and payable on such Securities for principal (and premium, if any) any premium and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interest, principal and premium and on any overdue interest (if any), at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, expenses and disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated, subject to the Collateral Agency Agreement. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may may, subject to Section 4.12, in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Trust Indenture (Midamerican Energy Holdings Co /New/)

Collection of Indebtedness and Suits for Enforcement by Trustee. The If the Company covenants that if: (1) default is made in the payment shall fail for a period of 30 days to pay any installment of interest on any Security the Securities of any series when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of or shall fail to pay the principal of (or and premium, if any, on) on any Security of any the Securities of such series when and as the same shall become due and payable, whether at its Maturitymaturity, then the Company willor by call for redemption by declaration as authorized by this Indenture or otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, Trustee for the benefit of the Holders of Securities of such series, series then Outstanding the whole amount which then shall have become due and payable on any such Securities for Security, with interest on the overdue principal (and premium, if any) , and interest, if any, with interest upon any overdue principal (and premium, if any) and, to so far as the extent that payment of such interest shall same may be legally enforceable, upon any ) on the overdue installments of interest, if any, interest at the rate or rates borne by or provided for in the Securities of such Securitiesseries, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of all amounts owing the Trustee and its agents and counsel, the Paying Agent and the Security Registrarany predecessor trustee hereunder under Section 6.7. If In case the Company fails 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 shall be entitled and empowered to institute a judicial any action or proceeding at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce the same any such judgment or final decree against the Company or any other obligor upon the Securities of such series series, and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities of such series, wherever situated, in the manner provided by law. Every recovery of judgment in any such action or other proceeding, subject to the payment to the Trustee of all amounts owing the Trustee and any predecessor trustee hereunder under Section 6.7, shall be for the ratable benefit of the Holders of such series of Securities which shall be the subject of such action or proceeding. All rights of action upon or under any of the Securities or this Indenture may be enforced by the Trustee without the possession of any of the Securities and without the production of any thereof at any trial or any proceeding relative thereto. If an Event a Default, of Default which a Responsible Officer of the Trustee has actual knowledge, with respect to Securities of any series of Securities occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture Indenture, or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (Citigroup Capital XIV)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if: (1) default is made in the payment of any installment of interest on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, ; or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof; or (3) default is made in the deposit of any series at its Maturitysinking fund payment, when and as due by the terms of a Security; then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal (and premium, if any) and on any overdue interest, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. . (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, and may enforce the same against the Company or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. . (c) If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: First Supplemental Indenture (Tellurian Inc. /De/)

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 any Security of any series and any related coupon when such interest 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, premium on) any Security of any series at its Maturity, ,then the Company Issuer or the Guarantor will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities of such seriesseries and coupons, the whole amount then due and payable on such Securities and coupons for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, interest at the rate or rates borne by or provided for in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 at the expense of the Issuer institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company Issuer or any other obligor upon such Securities of such series and collect the moneys adjudged or 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 of such series, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion at the expense of the Issuer 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 1 contract

Samples: Indenture (American Standard Companies 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 any Security of any series when such interest 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) on any Security of any series at its Maturity, then the Maturity thereof; the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders Holder of Securities of any such seriesSecurity or coupon appertaining thereto, if any, the whole amount then due and payable on any such Securities Security or coupon for principal, premium, if any, and interest, with interest upon the overdue principal (and premium, if any) , and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, lawful) upon any overdue installments of interest, if any, at the rate or rates borne prescribed therefor by or provided for in the terms of any such Securities, Security; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, counsel and any other amounts due the Paying Agent and the Security RegistrarTrustee under Section 8.07. 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, and may enforce the same against the Company or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. 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 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 1 contract

Samples: Indenture (Waste Connections Inc/De)

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 any Security of any series when such interest 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) on any Security of any series at its Maturitythe Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders Holder of Securities of any such seriesSecurity or coupon appertaining thereto, if any, the whole amount then due and payable on any such Securities Security or coupon for principal, premium, if any, and interest, with interest upon the overdue principal (and premium, if any) , and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, lawful) upon any overdue installments of interest, if any, at the rate or rates borne prescribed therefor by or provided for in the terms of any such Securities, Security; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, counsel and any other amounts due the Paying Agent and the Security RegistrarTrustee under Section 8.07. 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, 77 65 and may 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 adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of a Default with respect to Securities of any series of Securities occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (Banc One Corp /Oh/)

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 any Security of any series when such interest 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 any Security at the Maturity thereof, or (or premiumc) default is made in the deposit of any sinking fund payment, if any, on) any Security when and as due by the terms of any series at its Maturitya Security, then then, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with US-DOCS\127109820.2 interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interest, if any, principal and any overdue interest at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, reasonable expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 of such series and collect the moneys adjudged or decreed deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. 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 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 1 contract

Samples: Indenture (Allegro Microsystems, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Operating Partnership covenants that if: : (1) default is made in the payment of any installment interest on, or any Additional Amounts payable in respect of any interest on on, any Security of or any series Coupon appertaining thereto when such interest becomes or Additional Amounts, as the case may be, shall have become due and payable and such default continues for a period of 30 days, or or (2) default is made in the payment of the any principal of (or premium, if any, on) , or any Additional Amounts payable in respect of any principal of or premium, if any, on, any Security of any series at its Maturity, then and such default continues for three Business Days, or (3) default is made in the Company willdeposit of any sinking fund payment, if applicable, when due, and such default continues for three Business Days, the Operating Partnership shall, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities of such seriesand any Coupons appertaining thereto, the whole amount of money then due and payable on with respect to such Securities for principal (and premium, if any) and interest, if anyany Coupons appertaining thereto, with interest upon the overdue principal, any overdue principal (and premium, if any) premium and, to the extent that payment of such interest shall be legally enforceablepermitted by applicable law, upon any overdue installments of interestinterest and Additional Amounts at the rate or respective rates, as the case may be, provided for or with respect to such Securities or, if anyno such rate or rates are so provided, at the rate or rates respective rates, as the case may be, of interest borne by or provided for in such Securities, and, in addition thereto, such further amount of money as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, 46 expenses, disbursements and advances of the Trustee and Trustee, its agents and counselcounsel and all other amounts due to the Trustee under Section 606, the Paying Agent and the Security RegistrarLimited Guarantor shall pay amounts, if any, owed by it under the terms of the Limited Guarantee. If each of the Company Operating Partnership and the Limited 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, and may enforce the same against the Company Operating Partnership, the Limited Guarantor (but only with respect to a failure to pay money that it owed pursuant to the Limited Guarantee) or any other obligor upon such Securities of such series and any Coupons appertaining thereto and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company Operating Partnership, the Limited Guarantor or any other obligor upon such Securities of such seriesand any Coupons appertaining thereto, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series 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. Section 504. Trustee May File Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or other judicial proceeding relative to the Operating Partnership, the Limited Guarantor or any other obligor upon the Securities or the property of the Operating Partnership, the Limited Guarantor or such other obligor or their creditors, the Trustee (irrespective of whether the principal of the Securities 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 on the Operating Partnership or the Limited Guarantor for the payment of any overdue principal, premium, interest or Additional Amounts) shall be entitled and empowered, by intervention in such proceeding or otherwise, (1) to file and prove a claim for the whole amount, or such lesser amount as may be provided for in the Securities of such series, of the principal and any premium, interest and Additional Amounts owing and unpaid in respect of the Securities and any Coupons appertaining thereto 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 the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents or counsel) and of the Holders of Securities or any Coupons allowed in such judicial proceeding, and (2) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; 47 and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder of Securities or any Coupons to make such payments to the Trustee and, in the event that the Trustee shall consent in writing in its sole discretion to the making of such payments directly to the Holders of Securities or any Coupons, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee (acting in any capacity hereunder), its agents and counsel and any other amounts due the Trustee hereunder. Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder of a Security or any Coupon any plan of reorganization, arrangement, adjustment or composition affecting the Securities or Coupons or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder of a Security or any Coupon in any such proceeding. Section 505. Trustee May Enforce Claims without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery or judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder of a Security or Coupon in respect of which such judgment has been recovered. Section 506. Application of Money Collected. Any money collected by the Trustee pursuant to this Article Five with respect to the Securities of any series shall be applied in the following order, at the date or dates fixed by the Trustee and, in case of the distribution of such money on account of principal, or any premium, interest or Additional Amounts, upon presentation of such Securities or the Coupons, if any, appertaining thereto, or both, as the case may be, and the notation thereon of the payment if only partially paid and upon surrender thereof if fully paid: FIRST: To the payment of all amounts due the Trustee (acting in any capacity hereunder) and any predecessor Trustee under the Indenture; SECOND: To the payment of the amounts then due and unpaid upon the Securities and any Coupons for principal and any premium, interest and Additional Amounts in respect of which or for the benefit of which such money has been collected, ratably, without preference or priority of any kind, according to the aggregate amounts due and payable on such Securities and Coupons for principal and any premium, interest and Additional Amounts; THIRD: The balance, if any, to the Person or Persons entitled thereto. 48 Section 507.

Appears in 1 contract

Samples: Indenture

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Issuer covenants that if: (1a) default is made the Issuer defaults in the payment of any installment of interest on any Security series, class or tranche of any series Notes when such interest becomes due and payable and such default continues for a period of 30 dayspayable, or (2b) default is made the Issuer defaults in the payment of the principal of any series, class or tranche of Notes at the Legal Maturity Date thereof, or (c) with respect to any series, class or premiumtranche of Notes that benefits from a Derivative Agreement to which the Issuer is a party, if anythe Issuer defaults in any of its obligations under the applicable Derivative Agreement, on) and any Security such default continues for any period of any series at its Maturitygrace provided with respect to such series, then class or tranche of Notes, the Company Issuer will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of any such series, Notes the whole amount then due and payable on any such Securities Notes for principal and interest (and premium, if any) and interest, if anysubject to Article V), with interest upon any overdue principal (and premium, if any) andinterest, to the extent that payment of such interest shall will be legally enforceable, upon any the overdue principal and upon overdue installments of interest, if any, at the such rate or rates borne as may be prescribed therefor by or provided for in the terms of any such Securities, Note; and, in addition thereto, such further amount as shall will be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, counsel and all other amounts due the Paying Agent and the Security RegistrarTrustee under Section 807. 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, and may enforce the same against the Company Issuer or any other obligor upon Securities the Notes of such series series, class or tranche and collect the moneys money adjudged or decreed to be payable in the manner provided by law out of the property of the Company Collateral or any other obligor upon such Securities of such seriesNotes, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (Citibank Credit Card Master Trust I)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1if an Event of Default specified in Section 5.01(a) default is made in the payment of any installment of interest on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 daysor 5.01(b) occurs, 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 Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of the Securities of such seriesseries and the coupons, if any, appertaining thereto, the whole amount then due and payable on such Securities and coupons for principal (and premium, if any) and interest, if any, with interest upon any the overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for such Securities (or, in the case of Securities of such series that are Original Issue Discount Securities, and, in addition thereto, such further amount as shall be sufficient the Yield to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and its agents and counsel, the Paying Agent and the Security Registrar. 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, and may enforce the same against the Company or any other obligor upon such Securities of such series and coupons and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesand coupons, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of the Securities of such series and the coupons, if any, 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 1 contract

Samples: Indenture (Rockwell International Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants Issuer 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 or Additional Amounts, if any, on any Security Securities of any series and any related coupon when such interest or Additional Amount 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 of any series at its Maturity, then the Company Issuer or the Guarantor (if the Securities are Guaranteed Securities) will, as the case may be, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities of such seriesseries and coupons, the whole amount then due and payable on such Securities and coupons for principal (and premium, if any) and interest, if anyinterest and Additional Amounts thereon, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interestinterest or Additional Amounts thereon, if any, at the rate or rates borne by or provided for in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents agent and counsel, the Paying Agent and the Security Registrar. If the Company Issuer or the Guarantor (if the Securities are Guaranteed Securities) 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, and may enforce the same against the Company Issuer, the Guarantor (if the Securities are Guaranteed Securities) or any other obligor upon such Securities of such series and collect the moneys adjudged or 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 Securities of such series, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series 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 1 contract

Samples: Indenture (Mack Cali Realty Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1a) default is made in the payment when due of any installment of interest on any Security the Securities of any series when such interest 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 premium on the Securities of any series when the principal or premium becomes due and payable at its Maturity, then ; or (c) default is made in the making or satisfaction of any sinking fund payment or analogous obligation when the same becomes due and payable by the terms of the Securities of any series the Company willshall, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders holders of the Securities of such series, series the whole amount of money then due and payable on with respect to the Securities of such Securities for principal (and premium, if any) and interest, if any, series with interest upon the overdue principal, any overdue principal (and premium, if any) premium and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, interest at the rate or rates borne by or provided for in such Securities, Overdue Rate and, in addition thereto, such further amount of money as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, counsel and all other amounts due to the Paying Agent and the Security RegistrarTrustee under Section 7.06. 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, and may enforce the same against the Company or any other obligor upon the Securities of such series and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities of such series, series wherever situated. If an Event of Default occurs and is continuing with respect to the Securities of any series, the Trustee may, and if (i) an Event of Default specified in clause (a), (b), (c), (e) or (f) of the definition thereof occurs and is continuing with respect to the Securities of any series, and holders of not less than 25%, or (ii) an Event of Default specified in clause (d) or (g) of the definition thereof occurs and is continuing with respect to the Securities of any series occurs (unless, in the case of clause (g), otherwise provided for in the terms of the Securities of such series pursuant to Section 2.02), and is continuingholders of not less than a majority, in aggregate principal amount of the Outstanding Securities of such series direct, so long as such holders shall have provided the Trustee with such indemnity as it shall require and subject to the provisions of Section 6.12, the Trustee may in its discretion shall, proceed to protect and enforce its rights and the rights of the Holders 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 the Securities of such series or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (WPX Energy, 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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 calendar days, or (2ii) 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 Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of Securities of such series, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, and may enforce the same against the Company or any other obligor upon Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such series, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (Ares Capital Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. The If the Company covenants that if: (1) default is made in the payment shall fail for a period of 30 days to pay any installment of interest on any Security the Securities of any series or shall fail to pay the principal of and premium, if any, on any of the Securities of such series when such interest becomes and as the same shall become due and payable and such default continues payable, whether at maturity, or by call for redemption (otherwise than pursuant to a sinking fund) by declaration as authorized by this Indenture, or otherwise, or shall fail for a period of 30 daysdays to make any sinking fund payment as to a series of Securities, 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 Company willthen, upon demand of the Trustee, the Company will pay to the Trustee, Trustee for the benefit of the Holders of Securities of such seriesseries or Coupons appertaining thereto, then outstanding the whole amount which then shall have become due and payable on any such Securities for Security or Coupon, with interest on the overdue principal (and premium, if any) , and interest, if any, with interest upon any overdue principal (and premium, if any) and, to so far as the extent that payment of such interest shall same may be legally enforceable, upon any ) on the overdue installments of interest, if any, interest at the rate or rates borne by or provided for in the Securities of such Securitiesseries, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of all amounts owing the Trustee and its agents and counsel, the Paying Agent and the Security Registrarany predecessor trustee hereunder under Section 10.01(a). If In case the Company fails 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 shall be entitled and empowered to institute a judicial any action or proceeding at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce the same any such judgment or final decree against the Company or any other obligor upon the Securities of such series series, and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities of such series, wherever situated, in the manner provided by law. Every recovery of judgment in any such action or other proceeding, subject to the payment to the Trustee of all amounts owing the Trustee and any predecessor trustee hereunder under Section 10.01(a), shall be for the ratable benefit of the Holders of such series of Securities which shall be the subject of such action or proceeding. All rights of action upon or under any of the Securities or Coupons or this Indenture may be enforced by the Trustee without the possession of any of the Securities or Coupons and without the production of any thereof at any trial or any proceeding relative thereto. If an Event of a Default with respect to Securities of any series of Securities occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture Indenture, or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (Citigroup Capital Ix)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if: (1i) default is made in the payment of any installment of interest on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 60 days, ; or (2ii) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof; or (iii) default is made in the deposit of any series at its Maturitysinking fund payment, then when and as due by the terms of a Security; the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal (and premium, if any) and on any overdue interest, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. . (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, and may enforce the same against the Company or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (Zoetis 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 any Security of any series and any related coupon when such interest 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 of any series at its Maturity, then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of Securities of such seriesseries and coupons, the whole amount then due and payable on such Securities and coupons for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, and may enforce the same against the Company or any other obligor upon Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such series, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series 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 1 contract

Samples: Indenture (Carlyle Secured Lending, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company Issuer covenants that if: (1) default is made if an Event of Default shall occur and be continuing in respect to the payment of any installment of interest on any Security of any series when such interest becomes Bonds and the Bonds have been declared due and payable and such default continues for a period of 30 days, ordeclaration and its (2i) default is made the amounts specified in the payment first paragraph of the principal of (or premium, if any, on) any Security of any series at its Maturity, then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of Securities of such series, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for in such SecuritiesSection 5.02, and, (ii) in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, and at the direction of MBIA, 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, and may enforce the same against the Company Issuer or any other obligor upon Securities the Bonds and collect, out of such series and collect the Trust Estate (as defined in the Deposit Trust Agreement), wherever situated, of the Issuer, the moneys adjudged or decreed to be payable in the manner provided by law out law; provided, however, that neither the Bank nor any of its agents, officers, directors, employees, successors or assigns shall be personally liable for any amounts due under the property of the Company Bonds or any other obligor upon such Securities of such series, wherever situatedthis Indenture. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee shall, with the prior written consent of MBIA, or, in the case of a MBIA Default, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Bondholders by such appropriate judicial proceedings as any Proceedings the Trustee shall deem most effectual deems appropriate 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, including, without limitation, instituting a Proceeding prior to any declaration of acceleration of the Stated Maturity of the Bonds for the collection of all amounts then due and unpaid on such Bonds, prosecuting such Proceeding to final judgment or decree, enforcing the same against the Issuer and collecting out of the property, wherever situated, of the Issuer the moneys adjudged or decreed to be payable in the manner provided by law.

Appears in 1 contract

Samples: Indenture (Sequoia Mortgage Funding Corp)

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 any Security of any series when such interest 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 of any series at its Maturity, then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of Securities of such series, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, and may enforce the same against the Company or any other obligor upon Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such series, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (Sixth Street Specialty Lending, 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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or, (2b) default is made in the payment of all or any part of the principal of (or premium, if any, on) any Security of any series at its Maturitythe Maturity thereof, then 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 Securities of any series, the Company will, upon demand of the TrusteeTrustee for the Securities of such affected series, pay to the such Trustee, for the benefit of the Holder of any such Security (or Holders of any such affected series of Securities in the case of such seriesclause (c) above), the whole amount then due and payable on any such Security (or Securities of any such affected series in the case of clause (c) above) for principal (and premium, if any) and interest, if any, with interest upon any the overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments installment of interest, if any, at the rate Overdue Rate of any such Security (or rates borne by or provided for Securities of any such affected series in such Securities, the case of clause (c) above); and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and such Trustee, its agents and counsel, the Paying Agent counsel and the Security Registrar. any other amounts due such Trustee under Section 8.07 hereof; If the Company fails to pay such amounts forthwith upon such demand, the TrusteeTrustee for the Securities of such affected series, 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 decreedecrees, and may enforce the same against the Company or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee for the Securities of such affected series may in its discretion 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 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 1 contract

Samples: Senior Indenture (American Express Co)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1i) default is made in the payment of any installment instalment of interest on any Security of any series when such interest 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) on any Security of any series at its Maturity, then the Maturity thereof; the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders Holder of Securities of any such seriesSecurity or coupon appertaining thereto, if any, the whole amount then due and payable on any such Securities Security or coupon for principal, premium, if any, and interest, with interest upon the overdue principal (and premium, if any) , and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, lawful) upon any overdue installments of interest, if any, at the rate or rates borne prescribed therefor by or provided for in the terms of any such Securities, Security; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, counsel and any other amounts due the Paying Agent and the Security RegistrarTrustee under Section 8.07. 75 64 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, and may enforce the same against the Company or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. 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 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 1 contract

Samples: Indenture (Banc One Corp /Oh/)

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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days60 days (whether or not such payment is prohibited by the provisions of Article Fourteen hereof), or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof (whether or not such payment is prohibited by the provisions of any series at its MaturityArticle Fourteen hereof), then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) any premium and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of principal and any premium and on any overdue interest, if any, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual prudent 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 1 contract

Samples: Indenture (Cornell Abraxas 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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof and such default continues for a period of any series at its Maturitythree Business Days, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities of such seriesand coupons, the whole amount then due and payable on such Securities and coupons for principal (and premium, if any) and interest, if any, with interest upon on any overdue principal (and premium, if any) andand on any overdue interest, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, and any other amounts due to the Paying Agent and the Security RegistrarTrustee under Section 607. 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 of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series 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 1 contract

Samples: Indenture (Nisource Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants agrees that if: (1a) default is made in the payment of any installment of interest Interest on any Security of any series Debenture when such interest Interest 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 (any Debenture at the Stated Maturity or premiumin connection with any redemption or repurchase, if anyin each case pursuant to Article 3 or otherwise, on) any Security of any series at its Maturity, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities holders of such seriesDebentures, if any, the whole amount then due and payable on such Securities Debentures for principal (principal, and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) Interest and, to the extent that payment of such interest Interest shall be legally enforceable, upon Interest on any overdue installments of interestprincipal, if anyand on any overdue Interest, at the rate or rates borne by or provided for prescribed therefor in such SecuritiesDebentures or interest coupons, if any, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including all amounts due the reasonable compensationTrustee, expenses, disbursements and advances of the Trustee and its agents and counsel, the Paying Agent and the Security Registrarcounsel under Section 8.06. 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, unpaid and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such series, wherever situatedCompany. If an Event of Default with respect to Securities of any series Debentures occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders holders of Securities of such series Debentures 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, subject, however, to Section 7.08.

Appears in 1 contract

Samples: Indenture (Allied Waste Industries Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company If Berkshire is the issuing Company, Berkshire covenants that if, and if BHFC is the issuing Company, BHCF and the Guarantor, jointly and severally, covenant that if: (1a) default is made in the payment of any installment of interest on any Security of any series such issuing Company when such interest 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 such issuing Company at its Maturitythe Maturity thereof, then the issuing Company or the Guarantor, as applicable, will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) any premium and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of principal and premium and on any overdue interest, if any, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such series, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (Berkshire Hathaway Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: (1) default Default is made in the payment of any installment of interest on any Security of any series when such interest becomes 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 of any series at its Maturitythe Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such series, the whole amount then due and payable on Securities of such Securities series for principal (and premium, if any) and interest, if any, with interest upon any the overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments of interest, if any, at the rate or rates borne by or provided for in such Securities, ; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of 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 such Securities or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (Willamette Industries 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 any Security of the Securities of any series when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premium, if any, on) any Security the Securities of any such series at its Maturitythe Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of the Securities of such series, the whole amount then due and payable on all Securities of such Securities series for principal (and premium, if any) and or interest, if anyas the case may be, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal (and premium, if any) and on any overdue interest, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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 Securities of such series securities and collect the moneys money adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (Kinder Morgan Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if: If an Event of Default described in clause (1a) default is made in the payment or (b) of any installment of interest on any Security of any series when such interest becomes due Section 801 shall have occurred and payable and such default continues for a period of 30 daysbe continuing, 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 Company willshall, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of the Securities of the series with respect to which such seriesEvent of Default shall have occurred, the whole amount then due and payable on such Securities for principal (and premium, if any) interest and interestAdditional Amounts, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such permitted by law, interest shall be legally enforceable, upon on any overdue installments of principal, premium, interest, and Additional Amounts, if any, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of any amounts due to the Trustee and its agents and counselunder Section 907. Unless otherwise specified pursuant to Section 301 with respect to any series of Securities, the Paying Agent rate or rates at which Securities shall bear interest on overdue principal, premium, interest and Additional Amounts shall be, to the Security Registrarextent permitted by law, the same rate or rates at which such Securities shall bear interest prior to maturity. 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, 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 decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs shall have occurred and is be continuing, the Trustee may in its discretion discretion, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture for Unsecured Subordinated Debt Securities (Txu Australia Holdings Partnership L P)

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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or, (2b) default is made in the payment of all or any part of the principal of (or premium, if any, on) any Security of any series at its Maturitythe Maturity thereof, then 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 Securities of any series, the Company will, upon demand of the TrusteeTrustee for the Securities of such affected series, pay to the such Trustee, for the benefit of the Holder of any such Security (or Holders of any such affected series of Securities in the case of such seriesclause (c) above), the whole amount then due and payable on any such Security (or Securities of any such affected series in the case of clause (c) above) for principal (and premium, if any) and interest, if any, with interest upon any the overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon any overdue installments installment of interest, if any, at the rate Overdue Rate of any such Security (or rates borne by or provided for Securities of any such affected series in such Securities, the case of clause (c) above); and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and such Trustee, its agents and counsel, the Paying Agent counsel and the Security Registrar. any other amounts due such Trustee under Section 8.07 hereof; If the Company fails to pay such amounts forthwith upon such demand, the TrusteeTrustee for the Securities of such affected series, 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 decreedecrees, and may enforce the same against the Company or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee for the Securities of such series may in its discretion proceed to protect and enforce its rights and the rights of the Holders of the Securities of such affected 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 1 contract

Samples: Indenture (American Express Credit 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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days60 days (whether or not such payment is prohibited by the provisions of Article Fifteen herof), or or (2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity thereof (whether or not such payment is prohibited by the provisions of any series at its MaturityArticle Fifteen hereof), then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any) any premium and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of principal and any premium and on any overdue interest, if any, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. 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, if applicable, the Guarantors or any other obligor upon such Securities of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or, if applicable, the Guarantors or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (Comstock Resources 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 any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days, or (2) default is made in the payment of the principal of (or premiumpremium including the Make-Whole Premium, if any, on) any Security of at the Maturity thereof and on any series at its Maturitydate required under Section 3.09, then the Company willshall, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of Securities of such seriesSecurities, the whole amount then due and payable on such Securities for principal (and premiumpremium including the Make-Whole Premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon interest on any overdue installments of interestprincipal (and premium including the Make-Whole Premium, if any) and on any overdue interest, at the rate or rates borne by or provided for prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, the Paying Agent and the Security Registrar. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and name, 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 of such series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities of such seriesSecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (Transocean 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 any Debt Security of or any series payment with respect to any Coupons when such interest or 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 series at its Maturity, then 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 the Trusteeit, for the benefit of the Holders of such Debt Securities or of such seriesCoupons, the whole amount then due and payable on such Debt Securities or matured Coupons, for the principal (and premium, if any) and interest, if any, with interest upon any overdue principal (and premium, if any) and, to the extent that payment of such interest shall be legally enforceable, interest upon any the overdue principal (and premium, if any) and upon overdue installments of interest, if any, at the rate or rates borne by or provided for in such Securities, Overdue Rate; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel, counsel and any other amounts due the Paying Agent and the Security RegistrarTrustee under Section 6.07. 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, and may enforce the same against the Company or any other obligor upon such Debt Securities of such series and Coupons, and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Debt Securities of such series, and Coupons wherever situated. If an Event of Default with respect to Debt Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of 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 1 contract

Samples: Indenture (Hubbell Inc)

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