Common use of Collection Suit by Trustee Clause in Contracts

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 32 contracts

Samples: Indenture (Sothebys), Indenture (SPX FLOW, Inc.), Indenture (SPX FLOW, Inc.)

AutoNDA by SimpleDocs

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a), (b) or (bc) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 26 contracts

Samples: Indenture (Ingram Micro Inc), Indenture (Jones Lang Lasalle Inc), Indenture (McCaw International LTD)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium principal or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Company, the Issuer or any other obligor of on the Notes Securities for the whole amount of principal, premium, if any, principal and accrued interest and fees remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the Notes, Securities and such further amount as shall be sufficient to cover the costs and expenses of collection, including the actual, documented and reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 14 contracts

Samples: Indenture (Light & Wonder, Inc.), Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest of any Note specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes that Note for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the such Notes, and 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.

Appears in 8 contracts

Samples: Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp), Indenture (Penson Worldwide Inc)

Collection Suit by Trustee. If an Event of Default in -------------------------- payment of principal, premium or interest specified in clause (a), (b) or (bc) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 7 contracts

Samples: Indenture (Diva Systems Corp), Indenture (TVN Entertainment Corp), Indenture (Urs Corp /New/)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (aSection 6.01(l) or (b2) of Section 6.01 hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuers or the Guarantors (or any other obligor of on the Notes Notes) for the whole amount of unpaid principal, premium, if any, premium and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, premium and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in then borne by the Notes, and such further amount amounts as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, Trustee and its agents and counsel.

Appears in 7 contracts

Samples: Indenture (Skyterra Communications Inc), Indenture (Skyterra Communications Inc), Indenture (Skyterra Communications Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a), (b) or (bc) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes Securities for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the NotesSecurities, and 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.

Appears in 7 contracts

Samples: Senior Deferred Interest Notes Indenture (Winstar Communications Inc), Indenture (Winstar Communications Inc), Senior Subordinated Deferred Interest Notes Indenture (Winstar Communications Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07 hereof.

Appears in 6 contracts

Samples: Senior Discount Dollar Indenture (Viatel Inc), Senior Discount Dm Indenture (Viatel Inc), Indenture (KMC Telecom Holdings Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a1), (2) or (b3) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any amounts due to the Trustee under Section 7.07.

Appears in 6 contracts

Samples: Indenture (Earthlink Inc), Indenture (Earthlink Inc), Indenture (PAETEC Holding Corp.)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium principal or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, principal and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and such further amount as shall be is sufficient to cover the reasonably incurred costs and expenses of collection, including the reasonable compensation, compensation and other reasonably incurred expenses, disbursements and advances of the Trustee, its agents and counselcounsel and any other amounts due the Trustee hereunder.

Appears in 5 contracts

Samples: Indenture (Yin Jia Investments LTD), Indenture (Yin Jia Investments LTD), Indenture (Yin Jia Investments LTD)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium interest or interest principal specified in clause (a) or (b) of Section 6.01 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of on the Notes Securities for the whole amount of principal, premiumaccrued interest and Special Interest, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, principal and on overdue installments of interest to the extent that payment of such interest is lawful, interest on overdue installments of interestpermitted by law, in each case at the rate specified in per annum provided for by the NotesSecurities, and 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.

Appears in 5 contracts

Samples: Indenture (Trans World Airlines Inc /New/), Indenture (Trans World Airlines Inc /New/), Indenture (Trans World Airlines Inc /New/)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium principal or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of on the Notes Securities for the whole amount of principal, premium, if any, principal and accrued interest and fees remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum --- ----- borne by the Notes, Securities and 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.

Appears in 5 contracts

Samples: Indenture (Building One Services Corp), Indenture (Alliance Imaging of Central Georgia Inc), Indenture (Building One Services Corp)

Collection Suit by Trustee. If an Event of a Default in payment of principal, premium principal or interest specified in clause (aSection 6.01(1) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuer or any other obligor of on the Notes for the whole amount of principalthe principal of, premium, if any, and accrued interest on the Notes and fees remaining unpaid, together with interest on overdue principal, principal and premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the Notes, Notes and 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.

Appears in 5 contracts

Samples: Indenture (Nortek Inc), Indenture (Mammoth-Webco, Inc.), Indenture (Aigis Mechtronics, Inc.)

Collection Suit by Trustee. If an Event of Default in payment of principalinterest or principal (and premium, premium or interest if any) specified in clause (aSection 6.01(1) or (b2) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of on the Notes Securities for the whole amount of principal, unpaid principal (and premium, if any, ) and accrued interest remaining unpaid, together with interest on overdue principal, principal (and premium, if any, and, ) and to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in borne by the Notes, Securities and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements disbursement and advances of the Trustee, its agents and counsel.

Appears in 5 contracts

Samples: Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a1) or (b2) of Section 6.01 6.01(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and premium and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 5 contracts

Samples: Fourth Supplemental Indenture (Manitowoc Co Inc), Second Supplemental Indenture (Manitowoc Co Inc), First Supplemental Indenture (Manitowoc Co Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a), (b) or (bc) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any amounts due to the Trustee under Section 7.07.

Appears in 4 contracts

Samples: Indenture (Time Warner Telecom Inc), Indenture (Time Warner Telecom Inc), Indenture (Time Warner Telecom Inc)

Collection Suit by Trustee. If an Event of Default in the payment of principal, premium principal or interest specified in clause (a) or (b) of Section 6.01 6.1 hereof occurs and is continuingcontinuing with respect to the Notes, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other another obligor of on the Notes for the whole amount of principal, premium, if any, principal and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, andwith, to the extent that payment of such interest is lawful, interest on overdue principal and overdue installments of interest, in each case at a rate equal to the interest rate specified then in the Notes, effect on such Note and 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.

Appears in 4 contracts

Samples: Indenture (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaidunpaid on the Notes, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 4 contracts

Samples: Guaranty Agreement (Steel Dynamics Inc), Indenture (Steel Dynamics Inc), Indenture (Steel Dynamics Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a), (b) or (b) c), of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if anyRedemption Price, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if anyRedemption Price, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 4 contracts

Samples: Indenture (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a1) or (b2) of Section 6.01 6.01(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuer or any other obligor of on the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the Notes, Notes and 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.

Appears in 3 contracts

Samples: Indenture (Dana Inc), Indenture (Dana Inc), Indenture (Dana Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, interest or premium or interest specified in clause (aSection 6.01(1) or (b2) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Co-Issuers or any other obligor of on the Notes for the whole amount of principal, premium, if any, premium and accrued interest (if any) and fees remaining unpaid, together with interest on overdue principal, premiuminterest, if any, on overdue principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the Notes, Notes and 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 TrusteeTrustee (acting in any capacity hereunder), its agents and counsel.

Appears in 3 contracts

Samples: Eighth Supplemental Indenture (Navios Maritime Holdings Inc.), Supplemental Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a), (b) (c) or (bd) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 3 contracts

Samples: Indenture (Dobson Communications Corp), Indenture (Extended Stay America Inc), Indenture (Extended Stay America Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes Securities for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the NotesSecurities, and 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.

Appears in 3 contracts

Samples: Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc), Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc), Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (aSection 6.01(l) or (b2) of Section 6.01 hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or the Subsidiary Guarantors (or any other obligor of on the Notes Notes) for the whole amount of unpaid principal, premium, if any, premium and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, premium and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified provided in the Notes, and such further amount amounts as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, Trustee and its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Paxson Communications Corp), Indenture (Paxson Communications Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause Section 6.01(a), (ab) or (bc) of Section 6.01 hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company any or any other obligor all of the Notes Issuers and the Guarantors for the whole amount of principal, premium, if any, unpaid principal and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in then borne by the Notes, and such further amount amounts 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.

Appears in 2 contracts

Samples: Indenture (Muzak Finance Corp), Indenture (Business Sound Inc)

Collection Suit by Trustee. If an Event of Default with respect to the Notes in payment of principal, premium Principal or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if anyPrincipal of, and accrued interest remaining unpaidunpaid on, together with interest on overdue principal, premium, if anyPrincipal of, and, to the extent that payment of such interest is lawful, interest on overdue installments of interestinterest on, the Notes, in each case at the rate specified in the such Notes, and such further amount as shall be sufficient to cover all amounts owing the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counselTrustee under Section 7.06.

Appears in 2 contracts

Samples: Senior Indenture (Aes Corporation), Senior Indenture (Aes Corporation)

Collection Suit by Trustee. If an Event of a Default in payment of principal, premium principal or interest specified in clause (aSection 6.01(1) or (b6.01(2) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuer or any other obligor of on the Notes for the whole amount of principalthe principal of, premium, if any, and accrued interest remaining unpaidon the Notes and fees, expenses and other amounts due to the Trustee and the Collateral Agent, together with interest on overdue principal, principal and premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the Notes, Notes and 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.

Appears in 2 contracts

Samples: Indenture (Headwaters Inc), Indenture (Headwaters Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (aSection 6.01(i) or (bii) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuer or any Guarantor (or any other obligor of on the Notes Notes) for the whole amount of principal, premium, if any, unpaid principal and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified set forth in the Notes, and such further amount amounts 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.

Appears in 2 contracts

Samples: Indenture (TRI Pointe Homes, Inc.), Indenture (TRI Pointe Homes, Inc.)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a), (b) or (bc) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuer or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 2 contracts

Samples: Indenture (Genesis Eldercare Acquisition Corp), Indenture (Multicare Companies Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, interest or premium or interest specified in clause (aSection 6.01(1) or (b2) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuer or any other obligor of on the Notes for the whole amount of principal, premium, if any, premium and accrued interest (if any) and fees remaining unpaid, together with interest on overdue principal, premiuminterest, if any, on overdue principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the Notes, Notes and 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 TrusteeTrustee (acting in any capacity hereunder), its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium interest or interest principal specified in clause (a) or (b) of Section 6.01 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of on the Notes Securities for the whole amount of principal, premiumaccrued interest and Liquidated Damages, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, principal and on overdue installments of interest to the extent that payment of such interest is lawful, interest on overdue installments of interestpermitted by law, in each case at the rate specified in per annum provided for by the NotesSecurities, and 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.

Appears in 2 contracts

Samples: Indenture (Trans World Airlines Inc /New/), Indenture (Trans World Airlines Inc /New/)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium principal or interest specified in clause (a) or (b) of Section Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Company, the Issuer or any other obligor of on the Notes Securities for the whole amount of principal, premium, if any, principal and accrued interest and fees remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the Notes, Securities and such further amount as shall be sufficient to cover the costs and expenses of collection, including the actual, documented and reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture, Indenture

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuer or any Subsidiary Guarantor (or any other obligor of on the Notes Notes) for the whole amount of principal, premium, if any, unpaid principal and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified set forth in the Notes, and 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.

Appears in 2 contracts

Samples: Indenture (Amsurg Corp), Indenture (Amsurg Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal, interest or premium or interest specified in clause (aSection 6.01(1) or (b2) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Co-Issuers or any other obligor of on the Notes for the whole amount of principal, premium, if any, premium and accrued interest (if any) and fees remaining unpaid, together with interest on overdue principal, premiuminterest, if any, on overdue principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the Notes, Notes and 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.

Appears in 2 contracts

Samples: Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Acquisition CORP)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium principal or interest specified in clause (aSection 6.01(1) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuer or any other obligor of on the Notes for the whole amount of principalthe principal of, premium, if any, and accrued interest on the Notes and fees remaining unpaid, together with interest on overdue principal, principal and premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the Notes, Notes and 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.

Appears in 2 contracts

Samples: Indenture (Nortek Inc), Indenture (Nortek Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium premium, if any, interest or interest Additional Amounts, if any, specified in clause (aSection 6.1(a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of on the Notes for the whole amount of principal, premium, if any, principal and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the Notes, Notes and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.7.

Appears in 2 contracts

Samples: Indenture (Versatel Telecom International N V), Indenture (Versatel Telecom International N V)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium principal or interest specified in clause (a1) or (b2) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Company, any Subsidiary Guarantor, if any, or any other obligor of on the Notes for the whole amount of principal, premium, if any, principal and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the Notes, and 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.

Appears in 2 contracts

Samples: Indenture (Federal Data Corp /Fa/), Indenture (Tracor Inc /De)

Collection Suit by Trustee. If an Event of Default in payment of principal, interest or premium or interest specified in clause (aSection 6.01(1) or (b2) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuer or any other obligor of on the Notes for the whole amount of principal, premium, if any, premium and accrued interest (if any) and fees remaining unpaid, together with interest on overdue principal, premiuminterest, if any, on overdue principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the Notes, Notes and 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.

Appears in 2 contracts

Samples: Indenture (Global Ship Lease, Inc.), Indenture (Global Ship Lease, Inc.)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuer or any other obligor of the Notes for the whole amount of principal, premium, if any, and on accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Senior Notes Indenture (RSL Communications PLC)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause clauses (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (Agco Corp /De)

Collection Suit by Trustee. If an Event of Default in payment of Accreted Value or principal, premium or interest specified in clause (aSection 6.01(1) or (b2) of Section 6.01 hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuers (or any other obligor of on the Notes Notes) for the whole amount of principal, premium, if any, unpaid Accreted Value or principal and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, Accreted Value or principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified set forth in the Notes, and such further amount amounts 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.

Appears in 1 contract

Samples: Indenture (TWP Capital Corp Ii)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium premium, if any, interest or interest Additional Amounts, if any, specified in clause (a1) or clause (b2) of Section 6.01 6.1 occurs and is continuingcontinuing with respect to the Notes, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuer or any other obligor of on the Notes for the whole amount of principal, premiumprincipal and accrued interest remaining unpaid and Additional Amounts, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, thereon and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.6.

Appears in 1 contract

Samples: Indenture (Smurfit Westrock PLC)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (aSection 6.01(1) or (b2) of Section 6.01 occurs and is continuing, the Trustee may recover judgment (i) in its own name and (ii) as trustee of an express trust trust, in each case against the Company or any other obligor of on the Notes for the whole amount of principalprincipal of, premium, if any, and accrued interest interest, and Additional Interest, if any, remaining unpaidunpaid on, the Notes, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case interest at the rate specified set forth in the Notes, Section 4.01 and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, Trustee and its agents and counselcounsel and any other amounts due the Trustee under Section 7.07.

Appears in 1 contract

Samples: Indenture (Altra Industrial Motion, Inc.)

Collection Suit by Trustee. If an Event of Default in payment of principal, interest or premium or interest specified in clause (aSection 6.01(1) or (b2) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Co-Issuers or any other obligor of on the Notes for the whole amount of principal, premium, if any, premium and accrued interest (if any) and fees remaining unpaid, together with interest on overdue principal, premiuminterest, if any, on overdue principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the Notes, Notes and 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 Collateral Trustee, their agents and counsel.

Appears in 1 contract

Samples: Indenture (Navios South American Logistics Inc.)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (aSection 6.01(a)(i) or (b6.01(a)(ii) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company (or any other obligor of upon the Notes First Mortgage Notes) for the whole amount of principal, premium, if any, principal and accrued interest remaining unpaid, together with interest over-due on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the First Mortgage Notes, and 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.

Appears in 1 contract

Samples: Indenture (Ameristeel Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium Accreted Principal Amount or interest (including any Additional Interest) specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, Accreted Principal Amount and accrued interest (including any Additional Interest) remaining unpaid, together with interest on overdue principal, premium, if any, Accreted Principal Amount and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and such further amount as shall be is sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counselcounsel and any other amounts due the Trustee hereunder.

Appears in 1 contract

Samples: Indenture (Micron Technology Inc)

Collection Suit by Trustee. If an Event of Default in the payment of principal, premium principal or interest specified in clause (a) or (b) of Section 6.01 6.1 hereof occurs and is continuingcontinuing with respect to any series of Notes, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other another obligor of on the Notes of such series for the whole amount of principal, premium, if any, principal and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, andwith, to the extent that payment of such interest is lawful, interest on overdue principal and overdue installments of interest, in each case at a rate equal to the interest rate specified then in the Notes, effect on such Note and 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.

Appears in 1 contract

Samples: Indenture (Valeant Pharmaceuticals International, Inc.)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes Securities for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the NotesSecurities, and 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.the

Appears in 1 contract

Samples: Senior Notes Indenture (Impsat Fiber Networks Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium principal or interest specified in clause (a) or (b) of Section 6.01 5.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole Accreted Value or amount of principal, premium, if any, principal and accrued interest remaining unpaid, as applicable, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and such further amount as shall be is sufficient to cover the costs and expenses of collection, including the compensation and reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counselcounsel and any other amounts due the Trustee hereunder.

Appears in 1 contract

Samples: Debt Registration Rights Agreement (Choice One Communications Inc)

Collection Suit by Trustee. If an Event of Default -------------------------- in payment of principal, premium or interest specified in clause (a), (b) or (bc) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and premium and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (Sola International Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest of any Note specified in clause (a), (b) or (bc) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes that Note for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the such Notes, and 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.

Appears in 1 contract

Samples: Indenture (Jsce Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate 65 58 specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (Powertel Inc /De/)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (ai) or (bii) of Section 6.01 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of on the Notes for the whole amount of unpaid principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified per annum set forth in the Notes, Notes and such further amount amounts 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.

Appears in 1 contract

Samples: Indenture (MMH Holdings Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium premium, interest or interest Liquidated Damages specified in clause (aSection 6.01(1) or (b2) of Section 6.01 hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or the Guarantor (or any other obligor of on the Notes Notes) for the whole amount of principal, premium, if any, unpaid principal and accrued interest remaining unpaid, together with any premium, interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in then borne by the Notes, and such further amount amounts 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, including all sums due and owing to the Trustee pursuant to Section 7.07.

Appears in 1 contract

Samples: Indenture (Rural Metro of Ohio Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause clauses (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and such further amount as provided in Section 7.07 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.

Appears in 1 contract

Samples: Indenture (Graphic Packaging Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal, principal or premium or interest specified in clause (a) or (b) of Section 6.01 7.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes Debentures for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the NotesDebentures, and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 8.07 hereof.

Appears in 1 contract

Samples: Subordinated Debenture Indenture (Viatel Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or principal and interest specified in clause (aSection 6.1(1) or (b2) of Section 6.01 hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or the Guarantors (or any other obligor of on the Notes Notes) for the whole amount of principal, premium, if any, unpaid principal and accrued interest remaining unpaid, together with any premium, interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in then borne by the Notes, and such further amount amounts 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, including all sums due and owing to the Trustee pursuant to Section 7.7.

Appears in 1 contract

Samples: Indenture (Healthcor Holdings Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a) or (b) of Section 6.01 hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (Kansas City Southern De Mexico, S.A. De C.V.)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (aSection 6.01(1) or (b2) of Section 6.01 hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuers or the Guarantors (pursuant to the terms of Section 10) (or any other obligor of on the Notes Notes) for the whole amount of principal, premium, if any, unpaid principal and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified set forth in the Notes, and such further amount amounts 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.

Appears in 1 contract

Samples: Indenture (Insight Communications of Central Ohio LLC)

AutoNDA by SimpleDocs

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (ai) or (bii) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes Debentures for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the NotesDebentures, and 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.

Appears in 1 contract

Samples: Indenture (Regal Cinemas Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (aSection 6.1(a)(i) or (bii) of Section 6.01 occurs and is continuing, the Trustee and/or the Collateral Agent may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of on the Notes Securities for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest overdue on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified Interest Rate and in the Notes, and 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 TrusteeTrustee and/or the Collateral Agent, its their respective agents and counsel.

Appears in 1 contract

Samples: Indenture (Republic Engineered Steels Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (aSection 6.01(1) or (b2) of Section 6.01 occurs and is continuing, without the possession of any of the Notes or the production thereof in any proceeding related thereto, the Trustee may recover judgment in its own name and as trustee of an express trust trust, against the Company Issuer or any other obligor of on the Notes for the whole amount of principalprincipal of, premium, if any, and accrued interest remaining unpaidunpaid on, the Notes, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notesif any, and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, Trustee and its agents and counselcounsel and any other amounts due any such Person under Section 7.07 hereof.

Appears in 1 contract

Samples: Indenture (Horsehead Holding Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium principal or interest specified in clause (a) or (b) of Section 6.01 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuers or any other obligor of on the Notes Securities or the Guarantees for the whole amount of principal, premium, if any, principal and accrued interest and fees remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the Notes, Securities and 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.

Appears in 1 contract

Samples: Indenture (Natg Holdings LLC)

Collection Suit by Trustee. If an Event of Default in -------------------------------- payment of principal, premium or interest specified in clause (a), (b) or (bc) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (CFW Communications Co)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes Securities for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the NotesSecurities, and such further amount as shall be sufficient to cover the costs and expenses of collection, including the 65 58 reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 1 contract

Samples: Senior Guaranteed Notes Indenture (Impsat Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a1) or (b2) of Section 6.01 6.01(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuer or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and premium and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (Manitowoc Co Inc)

Collection Suit by Trustee. If an Event of Default in -------------------------- payment of principal, premium or interest specified in clause (a), (b) or (bc) of Section 6.01 5.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (Loudcloud Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (aSection 6.1(i) or (bii) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of on the Notes Securities for the whole amount of principalprincipal of, premium, if any, Additional Interest, if any, and accrued interest remaining unpaid, together with interest overdue on overdue principal, premium, if any, and, principal and to the extent that payment of such interest is lawful, interest on overdue installments of interestinterest and Additional Interest, if any, in each case at the rate specified in per annum borne by the Notes, Securities and 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.

Appears in 1 contract

Samples: Indenture (Brand Scaffold Services Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium principal or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of on the Notes Securities for the whole amount of principal, premium, if any, principal and accrued interest and fees remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum --- ----- borne by the Notes, Securities and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due to the Trustee under Section 7.07.

Appears in 1 contract

Samples: Indenture (MTL Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a), (b) or (bc) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and such further amount as shall be sufficient to cover the costs and expenses of collection, 71 65 including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 1 contract

Samples: Indenture (Nextel Communications Inc)

Collection Suit by Trustee. If an Event of -------------------------- Default in payment of principal, premium or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (Icg Services Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium principal or interest specified in clause (a) or (b) of Section 6.01 5.01 of this Indenture occurs and is 64 59 continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes Securities for the whole amount of principal, premium, if any, principal and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in borne by the NotesSecurities, and 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.

Appears in 1 contract

Samples: Indenture (Pueblo Xtra International Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes Securities for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, . to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the NotesSecurities, and 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.

Appears in 1 contract

Samples: Senior Notes Indenture (Kansas City Southern)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium principal or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of on the Notes Securities for the whole amount of principal, premium, if any, principal and accrued interest and fees remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the Notes, Securities and 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.

Appears in 1 contract

Samples: Indenture (Building One Services Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a), (b) or (bc) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and such further 58 52 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.

Appears in 1 contract

Samples: Indenture (Allegiance Telecom Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (aSection 6.01(1) or (b2) of Section 6.01 hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company (or any other obligor of on the Notes Notes) for the whole amount of principal, premium, if any, unpaid Accreted Value and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, Accreted Value and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified set forth in the Notes, and such further amount amounts 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.

Appears in 1 contract

Samples: Indenture (Language Line Holdings, Inc.)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (ai) or (bii) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (Regal Cinemas Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest on a Note specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes that Note for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (WEX Inc.)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (aSection 6.01(a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuer, or any other obligor of on the Notes Senior Notes, for the whole amount of principalthe principal of, premium, if any, and accrued interest interest, remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum then provided for by the Notes, Senior Notes and this Indenture and 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.

Appears in 1 contract

Samples: Indenture (Southwest Royalties Inc)

Collection Suit by Trustee. If an Event of Default in the payment of principal, premium principal or interest (including Contingent Interest) specified in clause clauses (a1) or (b2) of Section 6.01 8.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other another obligor of on the Notes Securities for the whole amount of principal, premium, if any, principal and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, andwith, to the extent that payment of such interest is lawful, interest on overdue principal and on overdue installments of interestinterest (including Contingent Interest), in each case at the rate specified in per annum borne by the Notes, Securities and 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.

Appears in 1 contract

Samples: Indenture (St Mary Land & Exploration Co)

Collection Suit by Trustee. If an Event of Default in ------------------------------ payment of principal, premium or interest specified in clause (a), (b) or (bc) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (CFW Communications Co)

Collection Suit by Trustee. If an Event of Default -------------------------- in payment of principal, premium or interest specified in clause (a), (b) or (bc) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (Comple Tel Europe Nv)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (aSection 6.01(1) or (b2) of Section 6.01 hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or the Subsidiary Guarantors (or any other obligor of on the Notes Notes) for the whole amount of principal, premium, if any, unpaid principal and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified set forth in the Notes, and such further amount amounts 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.

Appears in 1 contract

Samples: Indenture (Cityscape Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause Section 6.01(a), (ab) or (bc) of Section 6.01 hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company any or any other obligor all of the Notes Issuers and the Guarantors for the whole amount of principal, premium, if any, unpaid principal and accrued interest remaining unpaidun- paid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in then borne by the Notes, and such further amount amounts 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.

Appears in 1 contract

Samples: Indenture (Muzak Finance Corp)

Collection Suit by Trustee. If an Event of Default -------------------------- in payment of principal, premium or interest specified in clause (a1) or (b2) of Section 6.01 6.01(a) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and premium and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (Manitowoc Co Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest of any Note specified in clause (a), (b) or (bc) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuer or any other obligor of the Notes that Note for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the such Notes, and 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.

Appears in 1 contract

Samples: Indenture (Smurfit-Stone Container Enterprises Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (aSection 6.1(i) or (bii) of Section 6.01 hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or the Guarantors (or any other obligor of on the Notes Notes) for the whole amount of unpaid principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified set forth in the Notes, and such further amount amounts 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.

Appears in 1 contract

Samples: Indenture (Morris Material Handling Inc)

Collection Suit by Trustee. If an Event -------------------------- of Default in payment of principal, premium or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (Icg Services Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Wise Intermediate Holdings or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (Constellium N.V.)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (aSection 6.01(1) or (b2) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust trust, in each case, against the Company or any other obligor of on the Notes for the whole amount of principalprincipal of, premium, if any, and accrued interest and Additional Interest, if any, remaining unpaidunpaid on, the Notes, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interestinterest and Additional Interest, in each case if any, at the rate specified set forth in the Notes, Section 4.01 and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, Trustee and its agents and counselcounsel and any other amounts due the Trustee under Section 7.07.

Appears in 1 contract

Samples: Indenture (Hawk Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium premium, if any, or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (Scotsman Industries Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (aSection 6.1(1) or (b2) of Section 6.01 hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuer or the Guarantors (or any other obligor of on the Notes Notes) for the whole amount of principal, premium, if any, unpaid principal and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in then borne by the Notes, and such further amount amounts 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, including all sums due and owing to the Trustee pursuant to Section 7.7.

Appears in 1 contract

Samples: Indenture (Archivex LTD)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium principal or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Company, any Subsidiary Guarantor, if any, or any other obligor of on the Notes for the whole amount of principal, premium, if any, principal and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the Notes, and 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.

Appears in 1 contract

Samples: Indenture (Koppers Industries Inc)

Collection Suit by Trustee. If an Event of a Default in payment of principal, premium principal or interest specified in clause Section 6.01 (a1) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company Issuer or any other obligor of on the Notes for the whole amount of principalAccreted Value of, premium, if any, and accrued interest and fees remaining unpaid, together with interest on overdue principal, Accreted Value and premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in per annum borne by the Notes, Notes and 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.

Appears in 1 contract

Samples: Indenture (Nortek Holdings Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and and, accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, and to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (Innova S De Rl)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (a), (b) or (bc) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.further

Appears in 1 contract

Samples: Indenture (Nextel International Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium premium, if any, or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue 52 60 principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (Scotsman Industries Inc)

Collection Suit by Trustee. If an Event of Default in payment -------------------------- of principal, premium or interest specified in clause (a) or (b) of Section 6.01 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company or any other obligor of the Notes for the whole amount of principal, premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal, premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and 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.

Appears in 1 contract

Samples: Indenture (Silgan Holdings Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!