Common use of Collection Suit by Trustee Clause in Contracts

Collection Suit by Trustee. If an Event of Default specified in clause (i) and (ii) of Section 6.1(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 22 contracts

Samples: Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv)

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Collection Suit by Trustee. If an Event of Default specified in clause clauses (i1) and or (ii2) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 21 contracts

Samples: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i1) and or (ii2) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 19 contracts

Samples: Indenture (Alta Mesa Holdings, LP), Indenture (Colt Defense Technical Services LLC), Indenture (Townsquare Media, LLC)

Collection Suit by Trustee. If an Event of Default specified in clause (i1) and or (ii2) of Section 6.1(a6.01(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor or any other obligor on the Notes for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.77.07.

Appears in 16 contracts

Samples: Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i1) and or (ii2) of Section 6.1(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.77.6.

Appears in 11 contracts

Samples: Intercreditor Agreement (Carvana Co.), Indenture (Carvana Co.), Indenture (Carvana Co.)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium, if any, or interest, if any, specified in clause (i1) and or (ii2) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company for the whole amount then due of principal, premium, if any, and owing interest remaining unpaid (together with applicable interest on any overdue principal and, that unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 9 contracts

Samples: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)

Collection Suit by Trustee. If an Event of Default specified in clause (i1) and or (ii2) of Section 6.1(a) 6.01 hereof occurs and is continuing, the Trustee may is authorized to recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company (or any other obligor on the Notes) for the whole amount then due of unpaid principal (and owing (together with applicable interest on any overdue principal andpremium, to the extent lawful, interest on overdue interestif any) and the amounts provided for in Section 7.7accrued interest remaining unpaid.

Appears in 9 contracts

Samples: Indenture (Alliance Data Systems Corp), Indenture (Alliance Data Systems Corp), Bread Financial Holdings, Inc.

Collection Suit by Trustee. If an Event of Default specified described in clause (i1) and or (ii2) of Section 6.1(a7.01(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company or another obligor on the Securities for the whole amount then due and owing (together with applicable interest on any overdue principal and, respect to the extent lawfulSecurities and such further amount as shall be sufficient to cover the costs and expenses of collection, interest on overdue interest) including the reasonable compensation, expenses, disbursements and advances of the amounts provided for in Section 7.7Trustee, its agents and counsel.

Appears in 7 contracts

Samples: Registration Rights Agreement (Ion Media Networks Inc.), Registration Rights Agreement (Cig Media LLC), Registration Rights Agreement (Cig Media LLC)

Collection Suit by Trustee. If an Event of Default specified described in clause (i1) and or (ii2) of Section 6.1(a) 7.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor or another obligor on the Securities for the whole amount then due and owing (together with applicable interest on any overdue principal and, respect to the extent lawfulSecurities and such further amount as shall be sufficient to cover the costs and expenses of collection, interest on overdue interest) including the reasonable compensation, expenses, disbursements and advances of the amounts provided for in Section 7.7Trustee, its agents and counsel.

Appears in 6 contracts

Samples: Indenture (Northstar Realty Finance Corp.), Indenture (Northstar Realty Finance Corp.), Indenture (Northstar Realty)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i1) and or (ii2) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest and Additional Interest, if any, on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 6 contracts

Samples: Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.), Indenture (Churchill Downs Inc)

Collection Suit by Trustee. If an Event of Default specified in clause (i1) and or (ii2) of Section 6.1(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 4 contracts

Samples: Indenture (Stagwell Inc), Indenture (MDC Partners Inc), Indenture (MDC Partners Inc)

Collection Suit by Trustee. If an Event of Default specified in clause (iSection 6.1(a)(1) and (ii) of Section 6.1(a2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the each Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 4 contracts

Samples: Elan Finance (Elan Corp PLC), Indenture (Elan Corp PLC), Elan Corp PLC

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i1) and or (ii2) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal andunpaid interest and Additional Interest, if any, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 4 contracts

Samples: Indenture (Igate Corp), Indenture (Epicor International Holdings, Inc.), Indenture (Epicor Software Corp)

Collection Suit by Trustee. If an Event of Default in the payment of principal or interest (including Additional Interest, if any) or Additional Interest specified in clause (ia) and or (iib) of Section 6.1(a) 7.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company or another obligor on the Securities for the whole amount then due and owing (together with applicable interest on any overdue principal and, respect to the extent lawful, interest on overdue interest) Securities and the amounts provided for in Section 7.78.06.

Appears in 4 contracts

Samples: Indenture (Adc Telecommunications Inc), Indenture (Adc Telecommunications Inc), Indenture (Adc Telecommunications Inc)

Collection Suit by Trustee. If an Event of Default specified in clause Section 6.01(a) or (i) and (ii) of Section 6.1(ab) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers, BP I or any other obligor on the Senior Notes for the whole amount then due and owing (together with applicable interest on any overdue principal and, and (to the extent lawful, ) on any unpaid interest on overdue interestat the rate provided for in the Senior Notes) and the amounts provided for in Section 7.77.07.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Reynolds Group Holdings LTD), Stock Purchase Agreement (RenPac Holdings Inc.), Senior Notes Indenture (RenPac Holdings Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause (i) and (ii) of Section 6.1(a7.01(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor or any other obligor on the Notes for the whole amount then due and owing (together with applicable interest on any overdue principal and, and (to the extent lawful, ) on any unpaid interest on overdue interestat the rate provided for in the Notes) and the amounts provided for in Section 7.78.07.

Appears in 4 contracts

Samples: Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc)

Collection Suit by Trustee. If an Event of Default specified in clause under paragraph (ia), (b), (c) and or (iih) of Section 6.1(a) 10.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against (but only from the Issuer and each Note Guarantor sources provided herein, including without limitation, the limitations under Section 9.03 hereof) for the whole amount then due and owing (together with applicable interest on any overdue principal and, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7remaining unpaid.

Appears in 4 contracts

Samples: Loan and Trust Agreement (Tampa Electric Co), Loan and Trust Agreement (Tampa Electric Co), Loan and Trust Agreement (Tampa Electric Co)

Collection Suit by Trustee. If an Event of Default specified in clause Section 6.1(a)(1) or (i) and (ii) of Section 6.1(a2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor or any other obligor on the Notes for the whole amount then due and owing (together with applicable interest on any overdue principal and, and (to the extent lawful, ) on any unpaid interest on overdue interestat the rate provided for in the Notes) and the amounts provided for in Section 7.77.6.

Appears in 4 contracts

Samples: Supplemental Indenture (Alcoa Corp), Supplemental Indenture (Alcoa Corp), Supplemental Indenture (Alcoa Corp)

Collection Suit by Trustee. If an Event of Default specified in clause (i) and ), (ii), (iii), (iv) or (xi) of Section 6.1(asubsection 10.1(xi)(A) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due of principal (and owing (together with applicable interest on any overdue principal andpremium, to the extent lawful, interest on overdue interestif any) and the amounts provided for in Section 7.7interest remaining unpaid.

Appears in 3 contracts

Samples: Subscription Agreement (Fairfax Financial Holdings LTD/ Can), Indenture (Fairfax Financial Holdings LTD/ Can), Indenture (Fairfax Financial Holdings LTD/ Can)

Collection Suit by Trustee. If an Event of Default in the payment of principal or interest specified in clause (i1) and or (ii2) of Section 6.1(a) 8.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company or another obligor on the Securities for the whole amount then due and owing (together with applicable interest on any overdue principal and, respect to the extent lawful, interest on overdue interest) Securities and the amounts provided for in Section 7.79.6.

Appears in 3 contracts

Samples: Indenture (Skyworks Solutions Inc), Rayonier Inc, Rayonier Inc

Collection Suit by Trustee. If an Event of Default specified in clause (i1) and or (ii2) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers for the whole amount then due and owing (together with applicable interest on any overdue principal andunpaid interest and Additional Interest, if any, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 3 contracts

Samples: Indenture (Styron Canada ULC), Indenture (Valley Telephone Co., LLC), Indenture (Valley Telephone Co., LLC)

Collection Suit by Trustee. If an Event of Default in the payment of principal or interest or Additional Interest specified in clause (ia) and or (iib) of Section 6.1(a) 8.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company or another obligor on the Securities for the whole amount then due and owing (together with applicable interest on any overdue principal and, respect to the extent lawful, interest on overdue interest) Securities and the amounts provided for in Section 7.79.06.

Appears in 3 contracts

Samples: Indenture (Evergreen Energy Inc), Indenture (Blackboard Inc), Blackboard Inc

Collection Suit by Trustee. If an Event of Default specified in clause (iSection 6.1(i) and or (ii) of Section 6.1(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Terra Capital for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 3 contracts

Samples: Indenture (Terra Industries Inc), Terra Investment Fund LLC, Terra Capital Inc

Collection Suit by Trustee. If an Event of Default specified in clause (i) and (iia) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 3 contracts

Samples: Interactive (FriendFinder Networks Inc.), Indenture (FriendFinder Networks Inc.), Joinder Agreement (FriendFinder Networks Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause (i) and (ii) of Section 6.1(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 3 contracts

Samples: Cemex Sab De Cv, Cemex Sab De Cv, Cemex Sab De Cv

Collection Suit by Trustee. If an Event of Default in the payment of principal or interest (including Additional Interest, if any) specified in clause (ia) and or (iib) of Section 6.1(a) 8.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company or another obligor on the Securities for the whole amount then due and owing (together with applicable interest on any overdue principal and, respect to the extent lawful, interest on overdue interest) Securities and the amounts provided for in Section 7.79.06.

Appears in 3 contracts

Samples: Rambus Inc, Indenture (Rambus Inc), Rambus Inc

Collection Suit by Trustee. If an Event of Default specified in clause clauses (ia) and or (iib) of Section 6.1(a) 7.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest (including any Additional Interest) to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.78.07.

Appears in 3 contracts

Samples: Supplemental Indenture (Hornbeck Offshore Services Inc /La), Supplemental Indenture (Superior Energy Services Inc), Indenture (L-1 Identity Solutions, Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i1) and or (ii2) of Section 6.1(a6.01(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.77.07.

Appears in 3 contracts

Samples: Indenture (Knife River Holding Co), Credit Agreement (Embecta Corp.), Credit Agreement (Embecta Corp.)

Collection Suit by Trustee. If an Event of Default specified in clause (i1) and or (ii2) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers for the whole amount then due and owing (together with applicable interest on any overdue principal unpaid interest and, if any, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 3 contracts

Samples: Indenture (Trinseo S.A.), Indenture (Trinseo S.A.), Indenture (Trinseo S.A.)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i1) and or (ii2) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.77.6.

Appears in 2 contracts

Samples: CPG Merger Sub (CPG Newco LLC), CPG Merger Sub (CPG Newco LLC)

Collection Suit by Trustee. If an Event of Default specified in clause Section 6.01(a)(1) or (i2) and (ii) of Section 6.1(a) hereof occurs and is continuing, the Trustee may is authorized to recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers for the whole amount then due of principal of, premium, if any, and owing (together with applicable interest remaining unpaid on the Notes and interest on any overdue principal and, to the extent lawful, interest on overdue interest) and the amounts such further amount as provided for in Section 7.77.07.

Appears in 2 contracts

Samples: Indenture (PBF Holding Co LLC), Indenture (PBF Energy Co LLC)

Collection Suit by Trustee. If an Event of Default specified in clause Section 6.01(a)(1) or (i2) and (ii) of Section 6.1(a) hereof occurs and is continuing, the Trustee may is authorized to recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers for the whole amount then due of principal of, premium, if any, and owing (together with applicable Additional Interest, if any, and interest remaining unpaid on the Notes and interest on any overdue principal and, to the extent lawful, interest on overdue interest) and the amounts such further amount as provided for in Section 7.77.07.

Appears in 2 contracts

Samples: Indenture (PBF Holding Co LLC), Indenture (PBF Energy Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i1) and or (ii2) of Section 6.1(a) 6.01 occurs and is continuingcontinuing with respect to Securities of any series, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note or the Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) with respect to such series and the amounts provided for in Section 7.77.07.

Appears in 2 contracts

Samples: Indenture (Harman International Industries Inc /De/), Indenture (Harman International Industries Inc /De/)

Collection Suit by Trustee. If an Event of Default in the payment of principal or interest, Contingent Interest or Additional Interest specified in clause (ia) and or (iib) of Section 6.1(a) 11.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company or another obligor on the Securities for the whole amount then due and owing (together with applicable interest on any overdue principal and, respect to the extent lawful, interest on overdue interest) Securities and the amounts provided for in Section 7.712.06.

Appears in 2 contracts

Samples: Indenture (Linear Technology Corp /Ca/), Linear Technology Corp /Ca/

Collection Suit by Trustee. If an Event of Default specified in clause (iSection 6.1(a)(i) and (ii) of Section 6.1(a6.1(a)(ii) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 2 contracts

Samples: Indenture (Vitro Sa De Cv), Indenture (Vitro Sa De Cv)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i) and or (ii) of Section 6.1(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.77.6.

Appears in 2 contracts

Samples: Joinder Agreement (Macy's, Inc.), Macy's, Inc.

Collection Suit by Trustee. If an Event of Default specified in clause (i1) and or (ii2) of Section 6.1(a6.01(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor or any other obligor on the Notes for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.7.07. 129

Appears in 2 contracts

Samples: Altice USA, Inc., Altice USA, Inc.

Collection Suit by Trustee. If an Event of Default specified in clause clauses (ia)(1) and or (iia)(2) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal andunpaid interest and Additional Interest, if any, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 2 contracts

Samples: Indenture (Infor, Inc.), Indenture (Trisyn Group, Inc.)

Collection Suit by Trustee. If an Event of Default in the payment of principal or interest (including Additional Interest, if any) or Additional Interest specified in clause (ia) and or (iia) of Section 6.1(a) 7.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company or another obligor on the Securities for the whole amount then due and owing (together with applicable interest on any overdue principal and, respect to the extent lawful, interest on overdue interest) Securities and the amounts provided for in Section 7.76.7 of the Base Indenture.

Appears in 2 contracts

Samples: And (Radisys Corp), Radisys Corp

Collection Suit by Trustee. If an Event of Default specified in clause Section 6.1(a)(1) or (i) and (ii) of Section 6.1(a2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor or any other obligor on the Notes for the whole amount then due and owing (together with applicable interest on any overdue principal and, and (to the extent lawful, ) on any unpaid interest on overdue interestat the rate provided for in the Notes) and the amounts provided for in Section 7.7.

Appears in 2 contracts

Samples: Indenture (Alcoa Upstream Corp), Indenture (Alcoa Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause Section 6.01(a) or (i) and (ii) of Section 6.1(ab) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor or any other obligor on the Notes for the whole amount of principal of, premium (if any), and interest then due and owing (together with applicable interest on any overdue principal and, and (to the extent lawful, ) on any unpaid interest on overdue interestat the rate provided for in the Notes) and the amounts provided for in Section 7.77.07.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Sunnova Energy International Inc.), Warrant Agreement (Sunnova Energy International Inc.)

Collection Suit by Trustee. If Subject to the terms of the Collateral Trust Agreement, if an Event of Default specified in clause Section 6.01(1) or (i2) and (ii) of Section 6.1(a) hereof occurs and is continuing, the Trustee may is authorized to recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due of principal of, premium on, if any, and owing (together with applicable interest interest, if any, remaining unpaid on any overdue principal and, to the extent lawful, Notes and interest on overdue interest) and the amounts provided for in Section 7.7principal.

Appears in 2 contracts

Samples: Indenture (Nathans Famous Inc), Nathans Famous Inc

Collection Suit by Trustee. If an Event of Default specified in clause (ia) and or (iib) of Section 6.1(a) 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, respect to the extent lawfulNotes, interest on overdue interest) and such further amount as is sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel and any other amounts provided for in Section 7.7due the Trustee hereunder.

Appears in 2 contracts

Samples: Indenture (Cadiz Inc), Indenture (Cadiz Inc)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (ia)(l) and or (iia)(2) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers for the whole amount then due and owing (together with applicable interest on any overdue principal andunpaid interest, if any, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 1 contract

Samples: Indenture (Foundation Building Materials, Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause Section 6.01(a) or (i) and (ii) of Section 6.1(ab) occurs and is continuing, the Trustee may recover judgment in its own 112 name and as trustee of an express trust against the Issuer and each Note Guarantor or any other obligor on the Notes for the whole amount then due and owing (together with applicable interest on any overdue principal and, and (to the extent lawful, ) on any unpaid interest on overdue interestat the rate provided for in the Notes) and the amounts provided for in Section 7.77.07.

Appears in 1 contract

Samples: Supplemental Indenture (SeaWorld Entertainment, Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause (iclauses ‎(i) and (iior ‎(ii) of Section ‎Section 6.1(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7‎Section 7.6.

Appears in 1 contract

Samples: Macy's, Inc.

Collection Suit by Trustee. If an Event of Default specified in clause clauses (ia) and or (iib) of Section 6.1(a) 7.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company for the whole amount then due and owing (together with applicable interest on any overdue principal andunpaid interest (including Additional Interest, if any) to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.78.07.

Appears in 1 contract

Samples: Cogent Communications Group Inc

Collection Suit by Trustee. If an Event of Default in payment of principal, premium, if any, or interest, if any, specified in clause (i1) and or (ii2) of Section 6.1(a) 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers for the whole amount then due of principal, premium, if any, and owing interest remaining unpaid (together with applicable interest on any overdue principal and, that unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.77.06.

Appears in 1 contract

Samples: Indenture (Lennar Corp /New/)

Collection Suit by Trustee. If an Event of Default specified in clause Section 6.1(a) (i) and (ii) of Section 6.1(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7. Section 6.9.

Appears in 1 contract

Samples: Incorporated and Suntrust (Dimon Inc)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i) and or (ii) of Section 6.1(a7.1(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in under Section 7.78.7.

Appears in 1 contract

Samples: Deluxe Corp

Collection Suit by Trustee. If an Event of Default -------------------------- specified in clause clauses (ia) and or (iib) of Section 6.1(a) 6.1 occurs and is continuing, the ----------- Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company for the whole amount then due and owing (together with applicable interest on any overdue principal andprincipal, and to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.. -----------

Appears in 1 contract

Samples: BGF Industries Inc

Collection Suit by Trustee. If an Event of Default specified in clause Section 6.1(a)(1) or (i) and (ii) of Section 6.1(a2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers for the whole amount then due and owing (together with applicable interest on any overdue principal andunpaid interest and Additional Amounts, if any, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.77.7 and 12.9(aa). SECTION 6.9.

Appears in 1 contract

Samples: Restaurant Brands International Limited Partnership

Collection Suit by Trustee. If an Event of Default specified in clause (i) and or (ii) of Section 6.1(a6.01(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.77.07.

Appears in 1 contract

Samples: Passu Intercreditor Agreement (Diamond Resorts Parent, LLC)

Collection Suit by Trustee. If an Event of Default specified in clause Section 6.01(a) or (i) and (ii) of Section 6.1(ab) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor or any other obligor on the Notes for the whole amount then due and owing (together with applicable interest on any overdue principal and, and (to the extent lawful, ) on any unpaid interest on overdue interestat the rate provided for in the Notes) and the amounts provided for in Section 7.7.7.06. 117

Appears in 1 contract

Samples: Acceptable Intercreditor Agreement (Dave & Buster's Entertainment, Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i1) and or (ii2) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers for the whole amount then due and owing (together with applicable interest and Additional Interest, if any, on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 1 contract

Samples: Indenture (Affinity Gaming, LLC)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (ia) and or (iib) of Section 6.1(a) 7.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company for the whole amount then due and owing (together with applicable interest on any overdue principal andunpaid interest (including Additional Interest, if any, and Supplementary Interest, if any) to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.78.06.

Appears in 1 contract

Samples: Indenture (Radioshack Corp)

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Collection Suit by Trustee. If an Event of Default specified in clause clauses (ia) and or (iib) of Section 6.1(a) 7.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company for the whole amount then due and owing (together with applicable interest on any overdue principal andunpaid interest (including Contingent Interest and Additional Interest, if any) to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.78.07.

Appears in 1 contract

Samples: Indenture (Goodrich Petroleum Corp)

Collection Suit by Trustee. If an Event of Default specified in clause -------------------------- payment of interest or principal speci- fied in Section 5.01(1) or (i) and (ii) of Section 6.1(a2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor (or any other obligor upon the Securities) for the whole amount then due of principal and owing (together with applicable interest on any overdue principal and, to the extent lawful, interest on overdue interest) remaining unpaid and the amounts provided for in Section 7.77.07.

Appears in 1 contract

Samples: Investment Agreement (Americold Corp /Or/)

Collection Suit by Trustee. If an Event of Default specified in clause Section 501(1), (i2) and or (ii) of Section 6.1(a3) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note or a Guarantor for the whole amount then due of principal (and owing (together with applicable interest on any overdue principal andpremium, to the extent lawful, interest on overdue interestif any) and the amounts provided for in Section 7.7.interest remaining unpaid. 57

Appears in 1 contract

Samples: Indenture (Nortel Networks LTD)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i1) and or (ii2) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against any of the Issuer and each Note Guarantor Issuers for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 1 contract

Samples: Stewart & Stevenson LLC

Collection Suit by Trustee. If an Event of Default specified described in clause clauses (ia) and or (iib) of Section 6.1(a) 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due of principal and owing accrued interest (including any Additional Interest) remaining unpaid, together with applicable interest on any overdue principal and, to the extent lawful, interest on overdue installments of interest) , in each case at the rate specified in the Notes, and the such other amounts provided for specified in Section 7.77.06 hereunder.

Appears in 1 contract

Samples: Technitrol Inc

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (ia) and or (iib) of Section 6.1(a) 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.trust

Appears in 1 contract

Samples: Indenture (Impsat Corp)

Collection Suit by Trustee. If an Event of Default -------------------------- specified in clause clauses (ia) and or (iib) of Section 6.1(a) 6.1 occurs and is continuing, the ----------- Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company or any other obligor on the Notes for the whole amount then due and owing (together with applicable interest on any overdue principal andprincipal, and to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.. -----------

Appears in 1 contract

Samples: Indenture (Global Imaging Systems Inc)

Collection Suit by Trustee. If an Event of Default specified in clause (iSections 6.01(a)(1) and (ii) of Section 6.1(aor 6.01(a)(2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor or any other obligor on the Notes for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.7.07 hereof. 126

Appears in 1 contract

Samples: Supplemental Indenture (Altice USA, Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (ia) and or (iib) of Section 6.1(a) 7.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest (including any Additional Interest) to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.78.06.

Appears in 1 contract

Samples: Supplemental Indenture (Hornbeck Offshore Services Inc /La)

Collection Suit by Trustee. If an Event of Default --------------------------- specified in clause Section 6.01(1) or (i) and (ii) of Section 6.1(a2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers for the whole amount of principal and accrued and unpaid interest and Additional Amounts, if any, then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.77.07.

Appears in 1 contract

Samples: Derby Cycle Corp

Collection Suit by Trustee. If an Event of Default specified in clause clauses (ia) and or (iib) of Section 6.1(a) 5.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest (including any Additional Interest) to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.6.07 29

Appears in 1 contract

Samples: Newmont Mining Corp /De/

Collection Suit by Trustee. If an Event of Default in payment of Principal, premium or interest specified in clause (i) and or (ii) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.name

Appears in 1 contract

Samples: Wyndham Hotel Corp

Collection Suit by Trustee. If an Event of Default -------------------------- specified in clause clauses (ia) and or (iib) of Section 6.1(a) 6.1 occurs and is continuing, the ----------- Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers for the whole amount then due and owing (together with applicable interest on any overdue principal andprincipal, and to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.. -----------

Appears in 1 contract

Samples: Advanced Glassfiber Yarus LLC

Collection Suit by Trustee. If an Event of Default in payment of interest or principal specified in clause (iSection 6.01(a)(i) and or (ii) of Section 6.1(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note or any Subsidiary Guarantor for the whole amount then due or principal and owing interest remaining unpaid (together with applicable interest on any overdue principal and, such unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.77.07.

Appears in 1 contract

Samples: TMM Lines LTD LLC

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (i1) and or (ii2) of Section 6.1(a) 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.as

Appears in 1 contract

Samples: Del Monte Foods Co

Collection Suit by Trustee. If an Event of Default specified in clause Section 6.01(a) or (i) and (ii) of Section 6.1(ab) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor or any other obligor on the Notes for the whole amount then due and owing (together with applicable interest on any overdue principal and, and (to the extent lawful, ) on any unpaid interest on overdue interestat the rate provided for in the Notes) and the amounts provided for in Section 7.7.7.07. SECTION 6.09

Appears in 1 contract

Samples: Indenture (Hexion Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i1) and or (ii2) of Section 6.1(a) 6.1 occurs and is continuingcontinuing with respect to Securities of any series, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) with respect to such series and the amounts provided for in Section 7.7.

Appears in 1 contract

Samples: Indenture (Keurig Dr Pepper Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause (iclauses ‎(1) and (iior ‎(2) of Section ‎Section 6.1(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section ‎Section 7.7.

Appears in 1 contract

Samples: Indenture (Dun & Bradstreet Holdings, Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i) and or (ii) of Section 6.1(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in under Section 7.7.

Appears in 1 contract

Samples: Indenture (Conexant Systems Inc)

Collection Suit by Trustee. If an Event of Default specified in clause Section 9.1(A)(1) or (i) and (ii) of Section 6.1(a2) occurs and is continuing, subject to Article VIII hereof, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company for the whole amount then due of principal, premium, if any, and owing (interest remaining unpaid together with applicable interest on any overdue principal and premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest) and , in each case at the amounts provided for in Section 7.7rate per annum then applicable to the Notes.

Appears in 1 contract

Samples: Allstate Financial Corp /Va/

Collection Suit by Trustee. If an Event of Default specified in clause clauses (ia)(1) and or (iia)(2) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal andunpaid interest, if any, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 1 contract

Samples: Indenture (Infor, Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause (i1) and or (ii2) of Section 6.1(a6.01(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor or any other obligor on the Notes for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.7.07. Section 6.09

Appears in 1 contract

Samples: Indenture (Sothebys)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i1) and or (ii2) of Section 6.1(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 1 contract

Samples: Evergreen Acqco (Savers Value Village, Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i1) and or (ii2) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers for the whole amount then due and owing (together with applicable interest on any overdue principal andunpaid interest and Additional Interest, if any, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 1 contract

Samples: Indenture (Trisyn Group, Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i1) and or (ii2) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in under Section 7.7.

Appears in 1 contract

Samples: Indenture (Mirant Corp)

Collection Suit by Trustee. If an Event of Default specified in clause (ia) and or (iib) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.77.6.

Appears in 1 contract

Samples: Indenture (CPG Newco LLC)

Collection Suit by Trustee. If an Event of Default specified in clause (i) and ), (ii), (iii), (iv) or (x) of Section 6.1(asubsection 11.1(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due of principal (and owing (together with applicable interest on any overdue principal andpremium, to the extent lawful, interest on overdue interestif any) and the amounts provided for in Section 7.7interest remaining unpaid.

Appears in 1 contract

Samples: Indenture

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i1) and or (ii2) of Section 6.1(a) 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid cash interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 1 contract

Samples: Indenture (Justice Delaware Holdco Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause (i1) and or (ii2) of Section 6.1(a6.01(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust 126 against the Issuer and each Note Guarantor or any other obligor on the Notes for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.77.07.

Appears in 1 contract

Samples: Supplemental Indenture (Altice USA, Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause (i) and (ii) of Section ‎Section 6.1(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, to the extent lawful, interest on overdue interest) and the amounts provided for in Section ‎Section 7.7.

Appears in 1 contract

Samples: Indenture (Cemex Sab De Cv)

Collection Suit by Trustee. If an Event of Default in the payment of principal or interest or Additional Interest specified in clause (ia) and or (iib) of Section 6.1(a) 7.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company or another obligor on the Securities for the whole amount then due and owing (together with applicable interest on any overdue principal and, respect to the extent lawful, interest on overdue interest) Securities and the amounts provided for in Section 7.78.06.

Appears in 1 contract

Samples: Indenture (Komag Inc /De/)

Collection Suit by Trustee. If an Event of Default in the payment of principal or interest specified in clause (i1) and or (ii2) of Section 6.1(a) 10.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company or another obligor on the Securities for the whole amount then due and owing (together with applicable interest on any overdue principal and, respect to the extent lawful, interest on overdue interest) Securities and the amounts provided for in Section 7.711.7.

Appears in 1 contract

Samples: Indenture (Quanex Corp)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (ia) and or (iib) of Section 6.1(a) 7.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Company for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.78.07.

Appears in 1 contract

Samples: Veeco Instruments Inc

Collection Suit by Trustee. If an Event of Default specified in clause Section 6.1(a) (i) and (ii) of Section 6.1(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal and, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.7.

Appears in 1 contract

Samples: Indenture (Dimon Inc)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i1) and or (ii2) of Section 6.1(a) 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor for the whole amount then due and owing (together with applicable interest on any overdue principal andunpaid interest, including Additional Interest, if any, to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.77.07.

Appears in 1 contract

Samples: Indenture (Radioshack Corp)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (i1) and or (ii2) of Section 6.1(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Parent for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.77.6.

Appears in 1 contract

Samples: Roller Bearing (RBC Bearings INC)

Collection Suit by Trustee. If an Event of Default specified in clause (i) and (iia) of Section 6.1(a) 5.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer and each Note Guarantor Issuers for the whole amount then due and owing (together with applicable interest on any overdue principal and, unpaid interest to the extent lawful, interest on overdue interest) and the amounts provided for in Section 7.76.7.

Appears in 1 contract

Samples: Indenture (FRNK Technology Group)

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