Common use of Collection Suit by Trustee Clause in Contracts

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 (Omega Healthcare Investors Inc), Indenture (OHI Healthcare Properties Limited Partnership), Indenture (OHI Healthcare Properties Limited Partnership)

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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 (Westlake Chemical Corp), Indenture (Civeo 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), Subordinated Indenture (McDermott International 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 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 Louisiana Lp), Indenture (Chesapeake Royalty LLC), Indenture (Chesapeake Orc 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 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: Indenture (M/I Homes, Inc.), Indenture (Meritage Homes CORP), Indenture (M/I Homes, 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 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 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 21 contracts

Samples: Indenture (Lamar Media Corp/De), Indenture (Lamar Advertising Co/New), Indenture (Lamar Media Corp/De)

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 (Symantec Corp), Indenture (Rf Micro Devices Inc), Indenture (Act Manufacturing 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 20 contracts

Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP), Indenture (Huntsman International 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 counsel.

Appears in 17 contracts

Samples: Indenture (Coinmach Service Corp), Indenture (NRG Energy Inc), Indenture (Stuart Entertainment 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: Nineteenth Supplemental Indenture (MPT Operating Partnership, L.P.), Seventeenth Supplemental Indenture (MPT Operating Partnership, L.P.), Eighteenth 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: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), 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: Indenture (Davita Inc.), Indenture (Davita Inc.), Indenture (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: Indenture (Quality Care Properties, Inc.), Indenture (CareTrust REIT, Inc.), Indenture (Aviv Healthcare Properties L.P.)

Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(16.01(a)(i) or (2Section 6.01(a)(ii) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Issuer 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 11 contracts

Samples: Indenture, Indenture, Indenture

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 S.A.), Indenture (JBS S.A.), Indenture (JBS Holding Luxembourg S.A R.L.)

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 (General Cable Corp /De/), Indenture (Imc Global 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: Indenture (Collins & Aikman Floor Coverings Inc), Indenture (Terex Corp), Indenture (Terex 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 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 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 (Sterling Software Inc), Indenture (Nco Group Inc), Indenture (Waste Connections Inc/De)

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 8 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 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 (Landrys Restaurants Inc), Indenture (Hhgregg, Inc.), Indenture (Science Craftsman 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 7 contracts

Samples: Indenture (Cosan S.A.), Indenture (Cosan S.A.), Indenture (Natura &Co Holding S.A.)

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.), Sixteenth Supplemental Indenture (Alere Inc.), Fifteenth Supplemental Indenture (Alere 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), 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(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 (Tci Satellite Entertainment Inc), Indenture (Global Telesystems Europe B V), Indenture (Hermes Europe Railtel B V)

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 (Ackerley Group Inc), Indenture (Capstar Broadcasting Partners Inc), Indenture (Chancellor Radio Broadcasting Co)

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: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), Indenture (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 6.1 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: Indenture (Exide Technologies), Indenture (Davita Inc), Indenture (Exide Technologies)

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 5 contracts

Samples: Subordinated Indenture (Aptiv Corp), Senior Indenture (Aptiv Corp), Senior Indenture (Delphi Automotive PLC)

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: Indenture (Esterline Technologies Corp), Indenture (Esterline Technologies Corp), Indenture (Esterline Technologies Corp)

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 5 contracts

Samples: Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc)

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 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 (Ski Lifts Inc), Indenture (Glasstech Inc), Indenture (Sandhills 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: Indenture (National Energy Group Inc), Indenture (Gothic Energy Corp), Indenture (Gothic 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) 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 5 contracts

Samples: Senior Indenture (Aptiv Corp), Subordinated Indenture (Aptiv Corp), Senior Indenture (Delphi Automotive PLC)

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: Ninth Supplemental Indenture (Sabra Health Care REIT, Inc.), Eighth Supplemental Indenture (Sabra Health Care REIT, Inc.), First 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), Indenture (LEM America, Inc)

Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(1clause (1), (2) or (23) of Section 6.01 occurs and is continuingcontinuing with respect to the 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 any other obligor on the Notes for the whole amount of principal (including any sinking fund payment), premium and accrued Additional Amounts, if any, and interest remaining unpaid on the Securities of that 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 5 contracts

Samples: Indenture (BRMK Management, Corp.), Indenture (BRMK Management, Corp.), Indenture (Ventas Realty Limited Partnership)

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 6.1 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 the 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, interest as set forth in each case at the rate per annum borne by the Notes Section 4.1 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 (Hawk Motors Inc), Indenture (Hutchinson Products Corp), Indenture (Hawk Brake 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 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 (Einstein Noah Bagel Corp), Indenture (Asc Holdings Inc), Indenture (Boston Chicken 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 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(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.), 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 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: Indenture (Sprint Spectrum L P), Indenture (Sprint Spectrum L P), Indenture (Sprint Spectrum Finance 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 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: Indenture (Target Directories of Michigan Inc), Indenture (Transwestern Holdings Lp), Indenture (Petersen Holdings LLC)

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 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: Supplemental Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co), Indenture (Del Monte Foods 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 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: Indenture (PGT Innovations, Inc.), Indenture (PGT Innovations, Inc.), Indenture (Advanced Disposal 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) 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 (Ashton Houston Residential L.L.C.), Indenture (Pca International Inc)

Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(15.1(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 or and 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 lawful overdue installments of of, interest, in each case at the rate per annum borne by specified in the Notes Notes, and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements disbursements, indemnities and advances of the Trustee, Trustee and its agents and counsel.

Appears in 3 contracts

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

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 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: Indenture (Canwest Media Inc), Indenture (Canwest Media Inc), Indenture (Canwest Media 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: Indenture (LKQ Corp), Indenture (Keystone Automotive Operations Inc), Indenture (Keystone Automotive Operations 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: Indenture (Northern Sanitation Inc), Indenture (Casella Waste Systems Inc), Indenture (Kti 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 (Gaylord Container Corp /De/), Indenture (Sheffield Steel Corp), Indenture (Gaylord Container Corp /De/)

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 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 (Constellation Brands, Inc.), Indenture (SCV Epi Vineyards Inc), Indenture (Canandaigua B V)

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: Indenture (Tekni Plex Inc), Indenture (Tekni Plex Inc), Indenture (Dolco Packaging Corp /De/)

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 3 contracts

Samples: Indenture (Pilgrims Pride Corp), Indenture (Pilgrims Pride Corp), Indenture (Pilgrims Pride Corp)

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: Indenture (Activant Solutions Inc /De/), Indenture (Bedding Experts Inc), Indenture (Cooperative Computing Inc /De/)

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: Indenture (Westmoreland Coal Co), Indenture (Smurfit Stone Container Corp), Indenture (Smurfit Stone Container Corp)

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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: Indenture (Universal City Travel Partners), Indenture (Universal City Travel Partners), Indenture (Universal City Development Partners LTD)

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: 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 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(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: Indenture (Amn Healthcare Services Inc), Indenture (Amn Healthcare Services Inc), Indenture (Amn Healthcare Services 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 2 contracts

Samples: Indenture (Cosan Ltd.), 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: Indenture (Huntsman Texas Holdings LLC), Indenture (Huntsman Texas Holdings LLC)

Collection Suit by Trustee. If a an Event of Default in payment of principal principal, premium, if any, interest or interest Additional Amounts, if any, specified in Section 6.01(1clause (1) or clause (2) of Section 6.1 occurs and is continuingcontinuing with respect to a series of 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 such series of Notes for the whole amount of principal and accrued interest remaining unpaid and fees remaining unpaidAdditional Amounts, together with interest on overdue principal andif any, 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 thereon and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.6.

Appears in 2 contracts

Samples: Indenture (Smurfit Westrock PLC), Indenture (Smurfit WestRock PLC)

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 (United Industries Corp), Indenture (River Marine Terminals Inc)

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: Indenture (Skytel Communications Inc), Indenture (Mci Worldcom Inc)

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.

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 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: Indenture (Frontiervision Capital Corp), Indenture (Frontiervision Holdings Capital Ii Corp)

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 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 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: Indenture (Healthsouth Corp), Indenture (Healthsouth 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 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: Indenture (Ply Gem Industries Inc), Indenture (Inverness Medical Innovations 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: 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(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 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: Indenture (Western Digital Corp), Indenture (WD Media, 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 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), Indenture (Medianews Group 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 Company or any Subsidiary 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 2 contracts

Samples: Indenture (FMC Corp), Indenture (Solutia 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 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

Samples: Indenture (Affinity Group Holding, Inc.), Indenture (Affinity Group 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 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 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), Indenture (Chesapeake Energy Corp)

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: Indenture (Coty Inc.), 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), Indenture (Garden State Newspapers 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(16.1(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: Indenture (Chesapeake Gas Development Corp), Indenture (Chesapeake Gas Development 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: Indenture (Casella Waste Systems Inc), Indenture (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(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 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 1 contract

Samples: Indenture (Nbty 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 Co-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 1 contract

Samples: Indenture (Universal City Florida Holding Co. I)

Collection Suit by Trustee. If a Default in payment of principal or interest specified in Section 6.01(1) or 6.01 (21) 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 the principal of, premium, if any, 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: Indenture (Nortek Inc)

Collection Suit by Trustee. If a an Event of Default in payment of principal or interest specified in Section 6.01(17.01(a) or (2b) 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 Company and the Notes Subsidiary Guarantors for the whole amount of principal and accrued principal, interest and fees premium, if any, remaining unpaid, together with unpaid on the Notes and interest on overdue principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, interest in each case at the rate per annum borne by specified in the Notes Notes, and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 1 contract

Samples: First Supplemental Indenture (Comstock Resources Inc)

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(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 1 contract

Samples: Indenture (Dana Holding Corp)

Collection Suit by Trustee. If a an Event of Default in payment of principal 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 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 1 contract

Samples: Indenture (Caterair International Inc /Ii/)

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 Company or any other obligor on the 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 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 1 contract

Samples: Indenture (Adelphia Communications 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 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 princi- pal 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 1 contract

Samples: Indenture (Tioxide Americas Inc)

Collection Suit by Trustee. If a an Event of Default in payment of principal or principal, interest and premium 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 Co-Issuers or any other obligor on the Notes for the whole amount of principal principal, premium and accrued interest and fees remaining unpaid, together with interest 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: Indenture (Navios South American Logistics 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 Subsidiary Guarantor for the whole amount of principal principal, premium, if any, and accrued interest remaining unpaid with respect to the 41 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 1 contract

Samples: Indenture (Chesapeake Operating Inc)

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