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

Collection of Indebtedness and Suits for Enforcement by. Trustee. ------- The Company and each Guarantor covenant that if an Event of Default specified in Section 5.01 shall have occurred and be continuing, the Company and each Guarantor will, jointly and severally, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Notes, the whole amount then due and payable on such Notes for principal, premium, if any, and interest, with interest upon the overdue principal, premium, if any, and, to the extent that payment of such interest shall be legally enforceable, upon overdue installments of interest, at the rate then borne by the Notes; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company and each Guarantor, fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may, but is not obligated under this paragraph to, institute a judicial proceeding for the collection of the sums so due and unpaid and may, but is not obligated under this paragraph to, prosecute such proceeding to judgment or final decree, and may, but is not obligated under this paragraph to, enforce the same against the Company, any Guarantor or any other obligor upon the 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 Guarantor or any other obligor upon the Notes, wherever situated. If an Event of Default occurs and is continuing, the Trustee may in its discretion, but is not obligated under this paragraph to, (i) proceed to protect and enforce its rights and the rights of the Holders under this Indenture or any Note Guarantee by such appropriate private or judicial proceedings as the Trustee shall deem most effectual to protect and enforce such rights, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted herein, including, without limitation, seeking recourse against any Guarantor or (ii) proceed to protect and enforce any other proper remedy, including, without limitation, seeking recourse against any Guarantor. 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.

Collection of Indebtedness and Suits for Enforcement by. Trustee. ------- The Company and each Guarantor covenant covenants that if an Event of Default in payment of principal, premium, or interest specified in clause (1) or (2) of Section 5.01 shall have occurred 6.1 occurs and be is continuing, the Company and each Guarantor will, jointly and severallyshall, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such NotesSecurities, the whole amount then due and payable on such Notes Securities for principal, premium, premium (if any, ) and interest, with interest upon the overdue principal, 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, if any) and on any overdue interest, at the rate then borne by the Notes; Securities, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensationcompensation to, and expenses, disbursements and advances of the Trustee, Trustee and its agents and counselcounsel and all other amounts due the Trustee under Section 7.7. If the Company and each Guarantor, fail fails 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, may, but is not obligated under this paragraph to, may institute a judicial proceeding for the collection of the sums so due and unpaid and mayunpaid, but is not obligated under this paragraph to, may prosecute such proceeding to judgment or final decree, decree and may, but is not obligated under this paragraph to, may enforce the same against the Company, any Guarantor Company or any other obligor upon the Notes 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 Guarantor or any other obligor upon the NotesSecurities, wherever situated. If an Event of Default occurs and is continuing, the Trustee may in its discretion, but is not obligated under this paragraph to, (i) discretion proceed to protect and enforce its rights and the rights of the Holders under this Indenture or any Note Guarantee by such appropriate private or 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 contained in this Indenture or in aid of the exercise of any power granted herein, including, without limitation, seeking recourse against any Guarantor or (ii) proceed to protect and enforce any other proper remedy, including, without limitation, seeking recourse against any Guarantor. 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.

Collection of Indebtedness and Suits for Enforcement by. Trustee. ------- -------- The Company and each Guarantor covenant that if an Event of Default specified in Section 5.01 shall have occurred and be continuing, the Company and each Guarantor will, jointly and severally, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Notes, the whole amount then due and payable on such Notes for principal, premium, if any, and interest, with interest upon the overdue principal, premium, if any, and, to the extent that payment of such interest shall be legally enforceable, upon overdue installments of interest, at the rate then borne by the Notes; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company and each Guarantor, fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may, but is not obligated under this paragraph to, institute a judicial proceeding for the collection of the sums so due and unpaid and may, but is not obligated under this paragraph to, prosecute such proceeding to judgment or final decree, and may, but is not obligated under this paragraph to, enforce the same against the Company, any Guarantor or any other obligor upon the 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 Guarantor or any other obligor upon the Notes, wherever situated. If an Event of Default occurs and is continuing, the Trustee may in its discretion, but is not obligated under this paragraph to, (i) proceed to protect and enforce its rights and the rights of the Holders under this Indenture or any Note Guarantee by such appropriate private or judicial proceedings as the Trustee shall deem most effectual to protect and enforce such rights, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted herein, including, without limitation, seeking recourse against any Guarantor or (ii) proceed to protect and enforce any other proper remedy, including, without limitation, seeking recourse against any Guarantor. 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.

Collection of Indebtedness and Suits for Enforcement by. Trustee; Other Remedies. ------- ----------------------- The Company and each Guarantor covenant covenants that if an Event of Default in payment of principal, premium or interest specified in Section 5.01 shall have occurred 5.01(a) or 5.01(b) hereof occurs and be is continuing, the Company and each Guarantor will, jointly and severally, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Notes, the whole amount then due and payable on such Notes for principal, premium, if any, and interest, with interest upon the overdue principal, premium, if any, and, to the extent that payment of such interest shall be legally enforceable, upon overdue installments of interest, at the rate then borne by the Notes; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company and each Guarantor, fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may, but is not obligated under this paragraph to, institute a judicial proceeding for the collection of the sums so due and unpaid and may, but is not obligated under this paragraph to, prosecute such proceeding to judgment or final decree, and may, but is not obligated under this paragraph to, enforce the same against the Company, any Guarantor the Guarantors or any other obligor upon the 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 Guarantor or any other obligor upon the Notes, wherever situated. If an Event of Default occurs and is continuing, the Trustee may in its discretion, but is not obligated under this paragraph to, (i) proceed to protect and enforce its rights and the rights of the Holders under this Indenture or any Note Guarantee and the Notes by such appropriate private or judicial proceedings as the Trustee shall deem most effectual to protect and enforce such rights, whether for the specific enforcement of any covenant or agreement contained in this Indenture or the Notes or in aid of the exercise of any power granted hereinherein or therein, including, without limitation, seeking recourse against any Guarantor or (ii) proceed to protect and enforce any other proper remedy, including, without limitation, seeking recourse against any Guarantor. 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.

Collection of Indebtedness and Suits for Enforcement by. the Indenture Trustee. ------- --------------------- The Company and each Guarantor covenant Issuer covenants that if an Event a default is made in the payment of Default specified in Section 5.01 shall have occurred the principal of any Note when the same becomes due and be continuingpayable, by acceleration or at stated maturity, the Company and each Guarantor Issuer will, jointly and severally, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of such Notes, the whole entire amount then due and payable on such Notes for principal, premium, if any, principal and interest, with interest upon on the overdue principal, premium, if any, and, and to the extent that payment at such rate of such interest shall be legally enforceable, upon on overdue installments of interest, at the rate then Note Interest Rate borne by the Notes; Notes and, in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, Indenture Trustee and its agents and counsel. If the Company and each Guarantor, Issuer shall fail forthwith to pay such amounts forthwith upon such demand, the Indenture Trustee, in its own name and as trustee on behalf of an express trustthe Noteholders of such Series, may, but is not obligated under this paragraph to, may institute a judicial proceeding for the collection of the sums so due and unpaid unpaid, and may, but is not obligated under this paragraph to, may prosecute such proceeding to judgment or final decree, and may, but is not obligated under this paragraph to, may enforce the same against the Company, any Guarantor Issuer or any other obligor upon the such Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Issuer the moneys adjudged or any Guarantor or any other obligor upon the Notes, wherever situateddecreed to be payable. If an Event of Default occurs and is continuing, the Indenture Trustee may in its discretion, but is not obligated under this paragraph toas more particularly provided in Section 5.04, (i) proceed to ------------ protect and enforce its rights and the rights of the Holders under this Indenture or any Note Guarantee Noteholders by such appropriate private or judicial proceedings as the Indenture Trustee shall deem deems most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement contained in this Indenture or any Indenture Supplement or in aid of the exercise of any power granted hereinherein or therein, including, without limitation, seeking recourse against any Guarantor or (ii) proceed to protect and enforce any other proper remedyremedy or legal or equitable right vested in the Indenture Trustee by this Indenture, including, without limitation, seeking recourse against any Guarantor. No recovery of any such judgment upon any property of the Company Indenture Supplement or any Guarantor shall affect or impair any rights, powers or remedies of the Trustee or the Holdersby law.

Collection of Indebtedness and Suits for Enforcement by. Trustee. ------- The Company covenants that (1) in case it shall default in the ------- payment of any installment of interest on any Security, or Coupon, as and each Guarantor covenant that if an Event of Default specified in Section 5.01 when the same shall become due and payable, and such default shall have occurred and be continuingcontinued for a period of thirty days (unless a different period is provided for with respect to such Security), or (2) in case it shall default in the Company and each Guarantor willpayment of the principal of (or premium, jointly and severallyif any, on) any of the Securities when the same shall have become payable, whether upon Maturity of such Securities or upon declaration or otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the Holders holders of such NotesSecurities and Coupons, if any, the whole amount that then shall have become due and payable on all such Notes Securities and Coupons, if any, for principal, principal (and premium, if any), and or interest, or both, as the case may be, with interest upon the overdue principal, principal (and premium, if any, and, ) and (to the extent that payment of such interest shall be legally enforceable, is enforceable under applicable law) upon overdue installments of interest, interest at the rate then borne by the Notes; such Securities and Coupons, if any, and, in addition thereto, such further amount as shall be sufficient to cover all sums due the costs Trustee and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counseleach predecessor Trustee under Section 7.6. If In case the Company and each Guarantor, 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, but is not obligated under this paragraph to, 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 unpaid, and may, but is not obligated under this paragraph to, may prosecute any such proceeding action or proceedings to judgment or final decree, and may, but is not obligated under this paragraph to, may enforce the same such judgment or final decree against the Company, any Guarantor Company or any other obligor upon the Notes such Securities and Coupons, if any, 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 Guarantor other obligor upon such Securities and Coupons, if any, wherever situated, the moneys adjudged or decreed to be payable. In case there shall be pending proceedings in bankruptcy or for the reorganization of the Company or any other obligor upon the NotesSecurities and Coupons, wherever situated. If an Event if any, of Default occurs any series under Title 11 of the United States Code, as now constituted or hereafter in effect, or any other applicable bankruptcy, insolvency or other similar law relative to the Company or to such other obligor, its creditors or its property, or in case a receiver or trustee shall have been appointed for its property, or in case of any other judicial proceedings relative to the Company or other obligor upon the Securities and is continuingCoupons, if any, of such series, its creditors or its property, the Trustee may in its discretionTrustee, but is not obligated under this paragraph to, (i) proceed to protect and enforce its rights and irrespective of whether the rights principal of the Holders under this Indenture Securities of such series shall then be due and payable as therein expressed or any Note Guarantee by such appropriate private declaration or judicial proceedings as otherwise and irrespective of whether the Trustee shall deem most effectual have made any demand pursuant to protect the provisions of this Section 6.2, shall be entitled and enforce such rightsempowered, whether for the specific enforcement of any covenant or agreement contained by intervention in this Indenture or in aid of the exercise of any power granted herein, including, without limitation, seeking recourse against any Guarantor or (ii) proceed to protect and enforce any other proper remedy, including, without limitation, seeking recourse against any Guarantor. 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.such

Collection of Indebtedness and Suits for Enforcement by. Trustee. ------- The Company and each Guarantor covenant that if an Event of Default ------- specified in Section 5.01 5.01(a) or 5.01(b) shall have occurred and be continuing, the Company and each Guarantor willshall, jointly and severally, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such NotesSecurities, the whole amount then due and payable on such Notes Securities for principal, premium, if any, and interest, with interest upon the overdue principal, premium, if any, and, to the extent that payment of such interest shall be legally enforceable, upon overdue installments of interest, at the rate then borne by the NotesSecurities; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company and each Guarantor, Guarantor fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may, but is not obligated under this paragraph to, institute a judicial proceeding for the collection of the sums so due and unpaid and may, but is not obligated under this paragraph to, prosecute such proceeding to judgment or final decree, and may, but is not obligated under this paragraph to, enforce the same against the Company, any Guarantor or any other obligor upon the Notes 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 Guarantor or any other obligor upon the NotesSecurities, wherever situated. If an Event of Default occurs and is continuing, the Trustee may in its discretion, but is not obligated under this paragraph to, (i) proceed to protect and enforce its rights and the rights of the Holders under this Indenture or any Note Security Guarantee by such appropriate private or judicial proceedings as the Trustee shall deem most effectual to protect and enforce such rights, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted herein, including, without limitation, seeking recourse against any Guarantor or (ii) proceed to protect and enforce any other proper remedy, including, without limitation, seeking recourse against any Guarantor. 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.

Collection of Indebtedness and Suits for Enforcement by. Trustee. ------- The Company and each Guarantor covenant covenants that if an Event of Default in payment of principal, premium or interest specified in clause (1) or (2) of Section 5.01 shall have occurred 6.1 occurs and be is continuing, the Company and each Guarantor will, jointly and severallyshall, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such NotesSecurities, the whole amount then due and payable on such Notes Securities for principal, premium, premium (if any), and interest, with interest upon the overdue principal, 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, if any) and on any overdue interest, at the rate then borne by the Notes; Securities, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, including the reasonable compensationcompensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company and each Guarantor, fail fails 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, may, but is not obligated under this paragraph to, may institute a judicial proceeding for the collection of the sums so due and unpaid and mayunpaid, but is not obligated under this paragraph to, may prosecute such proceeding to judgment or final decree, decree and may, but is not obligated under this paragraph to, may enforce the same against the Company, any Guarantor Company or any other obligor upon the Notes 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 Guarantor or any other obligor upon the NotesSecurities, wherever situated. If an Event of Default occurs and is continuing, the Trustee may in its discretion, but is not obligated under this paragraph to, (i) discretion proceed to protect and enforce its rights and the rights of the Holders under this Indenture or any Note Guarantee by such appropriate private or 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 contained in this Indenture or in aid of the exercise of any power granted herein, including, without limitation, seeking recourse against any Guarantor or (ii) proceed to protect and enforce any other proper remedy, including, without limitation, seeking recourse against any Guarantor. 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.

Collection of Indebtedness and Suits for Enforcement by. Trustee. ------- The Company and each Guarantor covenant covenants that if an Event of Default in payment of principal, premium or interest specified in clause (i) or (ii) of Section 5.01 shall have occurred 6.1 hereof occurs and be is continuing, the Company and each Guarantor will, jointly and severallyshall, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such NotesSecurities, the whole amount then due and payable on such Notes Securities for principal, premium, if any, and interest, with interest upon the overdue principal, 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, if any), and on any overdue interest, at the rate then borne by the Notes; Securities, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensationcompensation to, and expenses, disbursements and advances of the Trustee, Trustee and its agents and counselcounsel and all other amounts due the Trustee under Section 7.7. If the Company and each Guarantor, fail fails 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, may, but is not obligated under this paragraph to, may institute a judicial proceeding for the collection of the sums so due and unpaid and mayunpaid, but is not obligated under this paragraph to, may prosecute such proceeding to judgment or final decree, decree and may, but is not obligated under this paragraph to, may enforce the same against the Company, any Guarantor Company or any other obligor upon the Notes 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 Guarantor or any other obligor upon the NotesSecurities, wherever situated. If an Event of Default occurs and is continuing, the Trustee may in its discretion, but is not obligated under this paragraph to, (i) discretion proceed to protect and enforce its rights and the rights of the Holders under this Indenture or any Note Guarantee by such appropriate private or 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 contained in this Indenture or in aid of the exercise of any power granted herein, including, without limitation, seeking recourse against any Guarantor or (ii) proceed to protect and enforce any other proper remedy, including, without limitation, seeking recourse against any Guarantor. 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.