Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 30 contracts
Samples: Indenture (OHI Healthcare Properties Limited Partnership), Indenture (Omega Healthcare Investors Inc), Omega Healthcare Investors Inc
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee may is authorized to recover judgment in its own name and as trustee of an express trust against the Issuer or Company for the amount of principal, premium (if any), interest and any other obligor Additional Amounts remaining unpaid on the Notes for Securities of the whole amount series affected by the Event of principal Default, and accrued interest and fees remaining unpaid, together with interest on overdue 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 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 24 contracts
Samples: Indenture (Hilltop Holdings Inc.), Indenture (Civeo Corp), Westlake Chemical Corp
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (1) or (2) of Section 6.01 hereof occurs and is continuingcontinuing with respect to Securities of any series, the Trustee may is authorized to recover judgment in its own name and as trustee of an express trust against the Issuer or Company for the amount of principal, premium (if any), interest and any other obligor Additional Amounts remaining unpaid on the Notes for the whole amount Securities of principal that series, and accrued interest and fees remaining unpaid, together with interest on overdue 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 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 22 contracts
Samples: Senior Indenture (Post Holdings, Inc.), Indenture (McDermott International Inc), McDermott International Inc
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any Guarantor (or any other obligor on the Notes Notes) for the whole amount of unpaid principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by 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 22 contracts
Samples: M/I Homes, Inc., Indenture (M I Homes Inc), Indenture (Meritage Homes CORP)
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium, if any, or interest specified in Section 6.01(1), (2) or (23) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other obligor on the Notes Subsidiary Guarantor for the whole amount of principal principal, premium, if any, and accrued interest remaining unpaid with respect to the Securities, and fees remaining unpaid, together with interest on overdue 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 per annum 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 compensation and advances expenses of the Trustee, its agents and counsel.
Appears in 22 contracts
Samples: Indenture (Chesapeake Energy Corp), Indenture (Chesapeake BNR Corp.), Indenture (Chesapeake Orc LLC)
Collection Suit by Trustee. If a an Event of Default in the payment of principal or interest specified in Section 6.01(1clause (1) or (2) of Section 8.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other another obligor on the Notes Securities for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest on overdue principal andwith, to the extent that payment of such interest is lawful, interest on overdue principal and on overdue installments of interest, in each case at the rate 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 21 contracts
Samples: Indenture (Cephalon Inc), Registration Rights Agreement (Citigroup Inc), Indenture (Rf Micro Devices Inc)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (1) or (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 Issuer Company or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest on overdue 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 per annum borne by 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 19 contracts
Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP), Indenture (Huntsman Petrochemical Finance Co)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (1) or (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 Issuer Company or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest on overdue 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 per annum borne by the Notes set forth in 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, its agents and counsel.
Appears in 17 contracts
Samples: Pledge Agreement (Coinmach Service Corp), Indenture (NRG Energy Inc), Registration Rights Agreement (Therma Wave Inc)
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(17.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Issuers or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 16 contracts
Samples: Seventeenth Supplemental Indenture (MPT Operating Partnership, L.P.), Supplemental Indenture (MPT Operating Partnership, L.P.), Sixteenth Supplemental Indenture (MPT Operating Partnership, L.P.)
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1clauses (i) or (2ii) of Section 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 Issuer or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 13 contracts
Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC)
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by specified in the Notes last paragraph of 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, its agents and counsel.
Appears in 13 contracts
Samples: Davita Inc., Renal Treatment (Davita Inc.), Davita Inc.
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Issuers or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 12 contracts
Samples: Supplemental Indenture (Quality Care Properties, Inc.), Supplemental Indenture (CareTrust REIT, Inc.), Indenture (Norcraft Holdings, L.P.)
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1Section 7.01(a) or (2(b) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Issuers or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 10 contracts
Samples: Indenture (JBS Holding Luxembourg S.A R.L.), JBS S.A., JBS S.A.
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium or interest specified in Section 6.01(1) or (2) hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any Guarantor (or any other obligor on the Notes Notes) for the whole amount of unpaid principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by 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 9 contracts
Samples: Indenture (General Cable Corp /De/), Indenture (Language Line Costa Rica, LLC), Indenture (General Cable Corp /De/)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any Guarantor (or any other obligor on the Notes Notes) for the whole amount of unpaid principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by 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 9 contracts
Samples: Indenture (Crown Holdings, Inc.), Indenture (Crown Holdings, Inc.), Indenture (Crown Holdings Inc)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (1) or (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 Issuer Company or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest on overdue 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 per annum borne by the Notes set forth in 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, its agents agents, consultants and counsel.
Appears in 9 contracts
Samples: Purchase Agreement (Uti Corp), Indenture (Dyncorp), Indenture (Terex Corp)
Collection Suit by Trustee. If a an Event of Default in the payment of principal or interest specified in Section 6.01(18.1(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other another obligor on the Notes Securities for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 8 contracts
Samples: Indenture (Pinnacle Holdings Inc), Indenture (Manugistics Group Inc), Indenture (Nco Group Inc)
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium, if any, or interest specified in Section 6.01(16.01(l) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other obligor on the Notes Subsidiary Guarantor for the whole amount of principal principal, premium, if any, and accrued interest remaining unpaid with respect to the Notes, and fees remaining unpaid, together with interest on overdue 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 per annum 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 compensation and advances expenses of the Trustee, its agents and counsel.
Appears in 7 contracts
Samples: Indenture (HHG Distributing, LLC), Indenture (Hhgregg, Inc.), Indenture (Science Craftsman INC)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other obligor on the Notes Securities for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest overdue on overdue principal and, and to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate 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 7 contracts
Samples: Indenture (Hermes Europe Railtel B V), Indenture (Comcast Cellular Holdings Inc), Indenture (Global Telesystems Europe B V)
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1) or (2Section 6.01(2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 7 contracts
Samples: Supplemental Indenture (Alere Inc.), Supplemental Indenture (Alere Inc.), Indenture (Alere Inc.)
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium, if any, or interest specified in Section 6.01(1clause (1) or (2) of Section 6.01 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 Issuer or any other obligor on the Notes for the whole amount of principal principal, premium, if any, and accrued interest and fees remaining unpaidunpaid on the Notes, together with interest 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 per annum borne by specified in the Notes 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 7 contracts
Samples: Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the an Issuer or any Guarantor (or any other obligor on the Notes Notes) for the whole amount of unpaid principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by 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 7 contracts
Samples: Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc), Crown Holdings Inc
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (1) or (2) of Section 6.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Issuer, or any other obligor on the Notes for the whole amount of the principal of, premium, if any, Liquidated Damages, if any, and accrued interest and fees remaining unpaid, together with interest 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 per annum borne provided for 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 6 contracts
Samples: Indenture (Chaparral Energy, Inc.), Indenture (Chaparral Energy, Inc.), Indenture (GMX Resources Inc)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest (including any Additional Interest) specified in Section 6.01(1clause (a) or (2b) 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 Issuer or any other obligor on the Notes for the whole amount of principal and accrued interest and fees (including any Additional Interest) remaining unpaid, together with interest 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 per annum borne by specified in the Notes 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 6 contracts
Samples: Indenture (Micron Technology Inc), Indenture (Micron Technology Inc), Indenture (Micron Technology Inc)
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 6 contracts
Samples: Collateral and Security Documents (Exide Technologies), Exide Technologies, Davita Inc
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1clauses (i) or (2ii) of Section 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 Issuer Company or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 6 contracts
Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC), Sensata Technologies Holding PLC
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (1) or (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 Issuer Company or any other obligor on the Notes Securities for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest on overdue 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 per annum borne by set forth in 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 6 contracts
Samples: Indenture (Chancellor Radio Broadcasting Co), Indenture (Capstar Broadcasting Partners Inc), Indenture (Chancellor Radio Broadcasting Co)
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium or interest specified in Section 6.01(1clause (1) or (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 Issuer or any other obligor on the Notes Guarantor for the whole amount of unpaid principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by 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 5 contracts
Samples: Indenture (Massey Energy Co), Indenture (Ipsco Inc), Indenture (Ipsco Inc)
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, or interest (including any Additional Amounts) specified in Section 6.01(1clause (a) or (2b) 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 Issuer or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by specified in the Notes Notes, and such further amount as shall be is sufficient to cover the costs and expenses of collection, including the reasonable and documented compensation, expenses, disbursements and advances of the Trustee, its agents and counselits legal counsel and any other amounts due the Trustee hereunder.
Appears in 5 contracts
Samples: Indenture (Natura &Co Holding S.A.), Indenture (Cosan Ltd.), Indenture (Cosan Ltd.)
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium, if any, or interest specified in Section 6.01(16.01(l), (2) or (23) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other obligor on the Notes Subsidiary Guarantor for the whole amount of principal principal, premium, if any, and accrued interest remaining unpaid with respect to the Notes, and fees remaining unpaid, together with interest on overdue 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 per annum 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 compensation and advances expenses of the Trustee, its agents and counsel.
Appears in 5 contracts
Samples: Esterline Technologies Corp, Esterline Technologies Corp, Esterline Technologies Corp
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium or interest specified in Section 6.01(1) or (2) hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or the Guarantors (or any other obligor on the Notes Notes) for the whole amount of unpaid principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by 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 5 contracts
Samples: Indenture (Aircraft Service International Inc), Indenture (Glasstech Inc), Indenture (Carpenter W R North America Inc)
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium, if any, or interest specified in Section 6.01(1), (2) or (23) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other obligor on the Notes Guarantor for the whole amount of principal principal, premium, if any, and accrued interest remaining unpaid with respect to the Securities, and fees remaining unpaid, together with interest on overdue 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 per annum 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 compensation and advances expenses of the Trustee, its agents and counsel.
Appears in 5 contracts
Samples: Pledge Agreement (Gothic Energy Corp), Gothic Energy Corp, National Energy Group Inc
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(15.1(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Issuers or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 5 contracts
Samples: Supplemental Indenture (Sabra Health Care REIT, Inc.), Sabra Health (Sabra Health Care REIT, Inc.), Supplemental Indenture (CareTrust REIT, Inc.)
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any other obligor on the Notes Securities for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 (Warner Music Group Corp.), Indenture (Warner Alliance Music Inc), Supplemental Indenture (Warner Music Group Corp.)
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(18.01(i) or (2ii) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 5 contracts
Samples: Indenture (Us Concrete Inc), Indenture (Bode Concrete LLC), Indenture (Bode Concrete LLC)
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium or interest specified in Section 6.01(1) or (2) hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Issuers or the Guarantors (or any other obligor on the Notes Notes) for the whole amount of unpaid principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by 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 4 contracts
Samples: Target Directories of Michigan Inc, Petersen Holdings LLC, Transwestern Holdings Lp
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Issuers or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 4 contracts
Samples: Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(16.01(a) or (2b) hereof occurs with respect to a series of Notes and is continuing, the Trustee may is authorized to recover judgment in its own name and as trustee of an express trust against the Issuer or any other obligor on the Notes for the whole amount of principal of, premium on, if any, and accrued interest (or the Yield to Maturity, in the case of an Discount Note) remaining unpaid on the Notes of such series and fees remaining unpaid, together with interest 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 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 4 contracts
Samples: Aptiv Corp, Delphi Automotive PLC, Delphi Trade Management, LLC
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (1) or (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 Issuer Company or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest on overdue 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 per annum borne by the Notes set forth in 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, its agents and its counsel, and any other amounts due the Trustee under Section 7.07.
Appears in 4 contracts
Samples: Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(16.1(a)(i) or (2ii) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Issuers or any other obligor on the Notes Securities for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest overdue 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 interest rate 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 4 contracts
Samples: Sprint Spectrum L P, Sprint Spectrum L P, Sprint Spectrum Finance Corp
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (a) or (2b) of Section 5.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 4 contracts
Samples: Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc)
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 counselcounsel and any other amounts due to the Trustee under Section 7.07.
Appears in 4 contracts
Samples: Supplemental Indenture (PGT Innovations, Inc.), PGT Innovations, Inc., Indenture (Advanced Disposal Services, Inc.)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any Guarantor (or any other obligor on the Notes Notes) for the whole amount of unpaid principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by 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 4 contracts
Samples: Indenture (Mueller Water Products, Inc.), Supplemental Indenture (Mueller Water Products, Inc.), Indenture (Mueller Water Products, Inc.)
Collection Suit by Trustee. If a an Event of Default in payment of principal or any premium or interest specified in Section 6.01(1paragraphs (1) or (2) of Section 6.01 in respect of a series of Securities occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any other obligor on the Notes Company for the whole amount of principal and accrued any premium and interest then due and fees remaining unpaidunpaid with respect to the Securities of such series, together with and interest on overdue principal and 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 per annum 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 compensation and advances expenses of the Trustee, its agents and counsel.
Appears in 4 contracts
Samples: Zion Oil & Gas Inc, Zion Oil & Gas Inc, Orgenesis Inc.
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(16.01(i) or (2ii) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest overdue on overdue principal and, and to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate 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 3 contracts
Samples: Activant Solutions Inc /De/, Cooperative Computing Inc /De/, Bedding Experts Inc
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any Guarantor (or any other obligor on the Notes Securities) for the whole amount of unpaid principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by set forth in the Notes applicable Securities, 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 counselcounsel (including attorneys’ fees).
Appears in 3 contracts
Samples: Supplemental Indenture (LKQ Corp), Supplemental Indenture (Keystone Automotive Operations Inc), Supplemental Indenture (Keystone Automotive Operations Inc)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1) or (2) 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 against the Issuer or any other obligor on the Notes for the whole amount of principal then due and accrued interest and fees remaining unpaid, owing (together with interest on overdue principal and, and (to the extent that payment of such lawful) on any unpaid interest is lawful, interest on overdue installments of interest, in each case at the rate per annum borne by provided for in the Notes Notes) and any amount due hereunder 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 3 contracts
Samples: Supplemental Indenture (Amn Healthcare Services Inc), Supplemental Indenture (Amn Healthcare Services Inc), Supplemental Indenture (Amn Healthcare Services Inc)
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium or interest specified in Section 6.01(1) or (2) hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee Trustee of an express trust against the Issuer (or any other obligor on the Notes Notes) for the whole amount of unpaid principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by 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 3 contracts
Samples: Canwest Media Inc, Canwest Media Inc, Canwest Media Inc
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Casella or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 per annum 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 3 contracts
Samples: Supplemental Indenture (Northern Sanitation Inc), Casella Waste Systems Inc, Kti Inc
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any Guarantor (or any other obligor on the Notes Notes) for the whole amount of unpaid principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by 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 3 contracts
Samples: Crown Holdings Inc, Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(16.01(a) or (2b) hereof occurs with respect to a series of Notes and is continuing, the Trustee may is authorized to recover judgment in its own name and as trustee of an express trust against the Issuer or any other obligor on the Notes Company for the whole amount of principal of, premium on, if any, and accrued interest (or the Yield to Maturity, in the case of an Discount Note) remaining unpaid on the Notes of such series and fees remaining unpaid, together with interest 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 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 3 contracts
Samples: Delphi Automotive PLC, Delphi Trade Management, LLC, Delphi Trade Management, LLC
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Issuers or any Guarantor (or any other obligor on the Notes Notes) for the whole amount of unpaid principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by 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 3 contracts
Samples: Indenture (Ashton Woods USA L.L.C.), Indenture (Pca International Inc), Ashton Houston Residential L.L.C.
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium, if any, or interest specified in Section 6.01(1clause (a) or (2b) of Section 6.01 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 Issuer or any other obligor on the Notes for the whole amount of principal principal, premium, if any, and accrued interest and fees remaining unpaidunpaid on the Notes, together with interest 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 per annum borne by specified in the Notes 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 3 contracts
Samples: Indenture (DPL Inc), Indenture (DPL Inc), Indenture (DPL Inc)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (1) or (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 Issuer Company or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 3 contracts
Samples: Indenture (Sheffield Steel Corp), Indenture (Gaylord Container Corp /De/), Gaylord Container Corp /De/
Collection Suit by Trustee. If a an Event of Default in payment of interest or principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other obligor on the Notes Securities for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest overdue on overdue principal and, and to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate 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 3 contracts
Samples: Definitions and Incorporation by Reference (Dolco Packaging Corp /De/), Indenture (Tekni Plex Inc), Tekni Plex Inc
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(16.01(a) or (2b) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Issuers or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by the Notes and such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.
Appears in 3 contracts
Samples: Subordination Agreement (Universal City Development Partners LTD), Universal City Travel Partners, Universal City Travel Partners
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1paragraph (a) or (2b) 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 Issuer Company, or any other obligor on the Notes for the whole amount of the principal of and accrued interest and fees remaining unpaid, together with interest on overdue principal and, to the extent that payment of such interest is lawful, and interest on overdue installments of interest, to the extent lawful, in each case at the rate per annum borne provided for 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 counselcounsel and any other amounts due the Trustee pursuant to the provisions of Section 7.07.
Appears in 3 contracts
Samples: Indenture (National Vision Inc), Indenture (Roadhouse Grill Inc), Indenture (Roadhouse Grill Inc)
Collection Suit by Trustee. If a an Event of Default in the payment of principal or interest specified in Section 6.01(18.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other obligor on the Notes Securities for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 3 contracts
Samples: Westmoreland Coal Co, Smurfit Stone Container Corp, Smurfit Stone Container Corp
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest (including Additional Interest, if any) specified in Section 6.01(1clause (a) or (2b) 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 Issuer or any other obligor on the Notes for the whole amount of principal and accrued interest and fees (including Additional Interest, if any) remaining unpaid, together with interest 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 per annum borne by specified in the Notes 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 2 contracts
Samples: Callaway Golf Co, Callaway Golf Co
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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: Western Digital Corp, WD Media, LLC
Collection Suit by Trustee. If a an Event of Default in the payment of principal or interest specified in Section 6.01(1clause (1) or (2) of Section 8.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other another obligor on the Notes Securities for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest on overdue principal andwith, to the extent that payment of such interest is lawful, lawful interest on overdue principal and overdue installments of interest, interest in each case at the rate 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 2 contracts
Samples: Emulex Corp /De/, Invision Technologies Inc
Collection Suit by Trustee. If a an Event of Default in payment of interest or principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Issuers or any other obligor on the Notes Securities for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest overdue on overdue principal and, and to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate per annum borne by the Notes Securities and such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.
Appears in 2 contracts
Samples: Frontiervision Holdings Capital Ii Corp, Frontiervision Capital Corp
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium or interest specified in Section 6.01(16.01(a) or (2b) hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any other obligor on the Notes Company for the whole amount of principal unpaid principal, premium and accrued interest and fees remaining unpaid, together with interest on overdue principal andwith, to the extent that payment of such interest is lawful, interest on overdue principal and interest on overdue installments of interest, in each case at the rate per annum borne by the Notes set forth in Section 4.01, 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
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1clauses (i) or (2ii) of Section 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 Issuer Company or any other obligor on the Notes for the whole amount of principal and accrued interest interest, if any, and fees remaining unpaid, together with interest 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 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, reasonable expenses, disbursements and advances of the Trustee, its agents and counsel.
Appears in 2 contracts
Samples: Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (1) or (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 Issuer or any other obligor on the Notes Garden State for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 (Garden State Newspapers Inc), Garden State Newspapers Inc
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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, indemnities, disbursements and advances of the Trustee, its agents and counsel.
Appears in 2 contracts
Samples: Pilgrims Pride Corp, Pilgrims Pride Corp
Collection Suit by Trustee. If a Subject to the Intercreditor Agreement, if an Event of Default in payment of principal or any premium or interest specified in Section 6.01(1paragraphs (1) or (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 Issuer Company or any other obligor on the Notes Subsidiary Guarantor for the whole amount of principal and accrued any premium and interest then due and fees remaining unpaidunpaid with respect to the Securities, together with and interest on overdue principal and 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 per annum 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 compensation and advances expenses of the Trustee, its agents and counsel.
Appears in 2 contracts
Samples: Indenture (Chesapeake Energy Corp), Intercreditor Agreement (Chesapeake Energy Corp)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(16.01(a)(i) or (2ii) hereof occurs and is continuing, the Trustee may is authorized to recover judgment in its own name and as trustee of an express trust against the Issuer or any other obligor on Issuers (and, prior to the Notes Escrow Release Date, the Escrow Issuers) for the whole amount of principal of, premium, if any, and accrued interest interest, if any, remaining unpaid on, the Notes and fees remaining unpaid, together with interest on overdue principal principal, if applicable, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate 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 (Hilton Grand Vacations Inc.), Indenture (Hilton Grand Vacations Inc.)
Collection Suit by Trustee. If a Default default in payment of principal or interest specified in Section 6.01(1) or (26.01(1)or Section 6.01(2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Issuers or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 (Westmoreland Energy LLC), Indenture (WESTMORELAND COAL Co)
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium or interest specified in Section 6.01(1) or (2) hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or the Guarantors (or any other obligor on the Notes Notes) for the whole amount of unpaid principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by 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 2 contracts
Samples: Indenture (River Marine Terminals Inc), Indenture (United Industries Corp)
Collection Suit by Trustee. If a an Event of Default in the payment of principal or interest specified in Section 6.01(18.1(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other another obligor on the Notes Debentures for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by the Notes Debentures 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: Skytel Communications Inc, Mci Worldcom Inc
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any other obligor on the Notes Company for the whole amount of principal unpaid principal, premium, if any, and accrued interest and fees remaining unpaid, together with interest on overdue principal andwith, to the extent that payment of such interest is lawful, interest on overdue principal and interest on overdue installments of interest, in each case at the rate per annum borne by set forth in the Notes with respect to which such Event of Default has occurred, 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: Healthsouth Corp, Indenture (Healthsouth Corp)
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium or interest specified in Section 6.01(16.01(a), (b) or (2c) hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against any or all of the Issuer or any other obligor on Issuers and the Notes Guarantors for the whole amount of unpaid principal and accrued interest and fees remaining unpaid, together with interest 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 per annum then borne by 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 2 contracts
Samples: Supplemental Indenture (Muzak Finance Corp), Business Sound Inc
Collection Suit by Trustee. If a an Event of Default in the payment of principal or interest specified in Section 6.01(1clause (1) or (2) of Section 7.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other another obligor on the Notes Securities for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest on overdue principal andwith, to the extent that payment of such interest is lawful, interest on overdue principal and on overdue installments of interest, in each case at the rate 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 2 contracts
Samples: Indenture (Global Telesystems Group Inc), Fair Isaac Corp
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, or interest (including any Additional Amounts) specified in Section 6.01(1clause (a) or (2b) 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 Issuer or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by specified in the Notes Notes, and such further amount as shall be is sufficient to cover the costs and expenses of collection, including the reasonable and documented compensation, expenses, disbursements and advances of the Trustee, its agents and counselits legal counsel and any other amounts due the Trustee hereunder.
Appears in 2 contracts
Samples: Indenture (Cosan Ltd.), Supplemental Indenture (Cosan Ltd.)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (1) or (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 Issuer Company or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest inter- est on overdue 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 per annum borne by 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: Huntsman Texas Holdings LLC, Huntsman Texas Holdings LLC
Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium, if any, or interest specified in Section 6.01(16.1(1), (2) or (23) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other obligor on the Notes Subsidiary Guarantor for the whole amount of principal principal, premium, if any, and accrued interest remaining unpaid with respect to the Securities, and fees remaining unpaid, together with interest on overdue 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 per annum 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: Chesapeake Gas Development Corp, Chesapeake Gas Development Corp
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (a) or (2b) of Section 6.01 occurs and is continuing, the Trustee may may, upon receiving funding and being indemnified upon commercially reasonable terms against all reasonable costs, expenses and liabilities to be incurred, recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other obligor on of the Notes Debentures for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest on overdue principal andprincipal, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate 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 (Aon Corp), Indenture (Aon Corp)
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Casella or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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: Intercreditor Agreement (Casella Waste Systems Inc), Casella Waste Systems Inc
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1) or (2) hereof occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 (Seitel Inc), Indenture (Matrix Geophysical, Inc.)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any Guarantor (or any other obligor on the Notes Notes) for the whole amount of unpaid principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by set forth in the Notes applicable 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 counselcounsel (including attorneys’ fees).
Appears in 2 contracts
Samples: Indenture (LKQ Corp), Indenture (LKQ Corp)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer ESH REIT or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 (ESH Hospitality, Inc.), Indenture (ESH Hospitality, Inc.)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(16.01(a) or (2b) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Issuers or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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: Supplemental Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.)
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 per annum 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: Inverness Medical Innovations Inc, Ply Gem Industries Inc
Collection Suit by Trustee. If a an Event of Default in the payment of principal or interest specified in Section 6.01(1clause (1) or (2) of Section 8.1 occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other another obligor on the Notes Securities for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest on overdue principal andwith, to the extent that payment of such interest is lawful, interest on overdue principal and on overdue installments of interest, in each case at the rate of one percent (1%) 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 (Veritas Software Corp /De/), Indenture (Symantec Corp)
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(17.01(a) or (2(b) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Issuers or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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.. 110
Appears in 2 contracts
Samples: Indenture (JBS Holding Luxembourg S.A R.L.), Indenture (JBS Holding Luxembourg S.A R.L.)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1SECTION 6.01(a), (b) or (2c) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest overdue on overdue principal and, and to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate 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: Polymer Group Inc, Polymer Group Inc
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (1) or (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 Issuer or any other obligor on the Notes Company for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 (Medianews Group Inc), Medianews Group Inc
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(14.1(a) or (2b) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Issuers or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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: CareTrust REIT, Inc.
Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1clause (1) or (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 Issuer Company, any Subsidiary Guarantor or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest on overdue 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 per annum borne by specified in the Notes 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 agents, consultants and counsel.
Appears in 1 contract
Samples: Indenture (Nm Licensing LLC)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (i) or (2ii) 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 Issuer Issuers, or any other obligor on the Notes for the whole amount of the principal of, premium, if any, and accrued interest and fees remaining unpaid, together with interest 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 per annum borne provided for 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
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (i) or (2ii) of Section 6.01 of this Indenture occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Company or any other obligor on the Notes for the whole amount of principal the principal, premium, if any, and accrued interest and fees remaining unpaid, together with interest on overdue principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, interest as set forth in each case at the rate per annum borne by 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, its agents and counsel.
Appears in 1 contract
Samples: Indenture (Icn Pharmaceuticals Inc)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(16.1(a) or (2b) 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 Issuer Company or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest overdue 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 per annum borne by the Notes Interest Rate and in 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: Blue Steel Capital Corp
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(16.01(a)(i) or (2ii) hereof occurs and is continuingcontinuing with respect to either series of Notes, the Trustee may is authorized to recover judgment in its own name and as trustee of an express trust against the Issuer or any other obligor on the Notes Issuers for the whole amount of principal of, premium, if any, Additional Interest, if any, and accrued interest remaining unpaid on, the Notes of such series and fees remaining unpaid, together with interest on overdue principal on such series, if applicable, and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate 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
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any Guarantor (or any other obligor on the Notes Notes) for the whole amount of unpaid principal and accrued interest and fees remaining unpaid, together with interest 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 per annum borne by the Notes set forth in each series of 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 (Wesco International Inc)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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 counselcounsel and any other amounts due to the Trustee under Section 7.07.
Appears in 1 contract
Samples: Cargo Aircraft (Air Transport Services Group, Inc.)
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (a) or (2b) 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 Issuer Company or any other obligor on the Notes Securities for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest on overdue 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 per annum borne by the Notes set forth in Section 4.01 and such further amount 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 counselcounsel and any other amounts due to the Trustee under Section 7.07.
Appears in 1 contract
Samples: Indenture (Wickes Inc)
Collection Suit by Trustee. If a an Event of Default in payment of interest or principal or interest specified in Section 6.01(1), (2) or (23) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer Issuers or any other obligor on the Notes Securities for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest overdue on overdue principal and, and to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate 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
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer or any other obligor on the Notes for the whole amount of principal and accrued interest and fees remaining unpaid, together with interest 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 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: Seitel Inc
Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee may is authorized to recover judgment in its own name and as trustee of an express trust against the Issuer or for the amount of principal, premium (if any), interest and any other obligor Additional Amounts remaining unpaid on the Notes for Securities of the whole amount series affected by the Event of principal Default, and accrued interest and fees remaining unpaid, together with interest on overdue 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 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: EQM Midstream Partners, LP