Common use of Collection Suit by Trustee Clause in Contracts

Collection Suit by Trustee. If an Event of Default specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 19 contracts

Samples: Indenture (Patterson Uti Energy Inc), Indenture (LGI Homes, Inc.), Indenture (Patterson Uti Energy Inc)

AutoNDA by SimpleDocs

Collection Suit by Trustee. If an Event of Default specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary the Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, 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: Indenture (Shell PLC), Indenture (Shell Finance US Inc.), Indenture (Shell International Finance B.V.)

Collection Suit by Trustee. If an Event of Default specified in clause (1Section 6.01(1) or (2) of Section 6.01 hereof occurs and is continuingcontinuing with respect to Securities of any series, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the whole amount of principalprincipal (or such portion of the principal as may be specified as due upon acceleration at that time in the terms of that series of Securities), premium (premium, if any), interest and any Additional Amounts interest, remaining unpaid on the Securities of that series then outstanding, together with (to the series affected by the Event of Default, and extent lawful) interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, and such further amount as shall be sufficient to cover the costs and and, to the extent lawful, expenses of collection, including the reasonable compensation, expenses, disbursements disbursements, and advances of the Trustee, its agents agents, and counsel, and any other amounts due the Trustee under Section 7.07 hereof.

Appears in 15 contracts

Samples: Indenture (Marinemax Inc), Indenture (Marinemax Inc), Indenture (Opko Health, Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company Issuers or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, 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: Senior Indenture (Linn Energy, LLC), Indenture (EQT MIDSTREAM FINANCE Corp), Indenture (EQT MIDSTREAM FINANCE Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Defaultprincipal and accrued interest remaining unpaid, and 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 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 10 contracts

Samples: Indenture (Tenneco Inc), Indenture (Tenneco Inc), Indenture (Tenneco Inc)

Collection Suit by Trustee. If an Event of Default specified in pursuant to clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Issuer or a Subsidiary any Guarantor (or any other obligor on the Notes) for the whole amount of principalunpaid principal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 set forth in the Notes, and such further amount amounts as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 9 contracts

Samples: Indenture (Brinks Co), Indenture (Vail Resorts Inc), Indenture (Ingevity Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause Section 6.01(a), (1b) or (2c) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Default, and interest on overdue principal and premiumaccrued interest remaining unpaid, if any, and, together with interest overdue on 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 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 9 contracts

Samples: Indenture (Airxcel Inc), Indenture (Gentek Inc), Indenture (Axia Inc)

Collection Suit by Trustee. If an Event of Default specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, 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 9 contracts

Samples: Indenture (KLX Energy Services Holdings, Inc.), Indenture Agreement (Berry Petroleum Company, LLC), Senior Indenture (Jones Energy, Inc.)

Collection Suit by Trustee. If an Event of Default specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company Partnership or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, 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 (K-Sea Transportation Inc.), Indenture (ETC Texas Pipeline, LTD), Indenture (Heritage Operating Lp)

Collection Suit by Trustee. If an Event of Default specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company Partnership or a Subsidiary the Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, 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 (Martin Operating Partnership L.P.), Indenture (Martin Operating Partnership L.P.), Indenture (Martin Operating Partnership L.P.)

Collection Suit by Trustee. If an Event of Default specified in clause (1Section 6.01(1) or (2) of Section 6.01 hereof occurs and is continuingcontinuing with respect to Securities of any series, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the whole amount of principalprincipal (or such portion of the principal as may be specified as due upon acceleration at that time in the terms of that series of Securities) and interest, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of that series then outstanding, together with (to the series affected by the Event of Default, and extent lawful) interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, and such further amount as shall be sufficient to cover the costs and and, to the extent lawful, 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 under Section 7.07 hereof.

Appears in 8 contracts

Samples: Indenture (Guitar Center Inc), Indenture (Entercom Radio LLC), Indenture (Owens Illinois Inc /De/)

Collection Suit by Trustee. If an Event of Default specified in clause (1Section 6.01(1) or (2) of Section 6.01 hereof occurs and is continuingcontinuing with respect to Securities of any series, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the whole amount of principalprincipal (or such portion of the principal as may be specified as due upon acceleration at that time in the terms of that series of Securities) and interest, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of that series then outstanding, together with (to the series affected by the Event of Default, and extent lawful) interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, and such further amount as shall be sufficient to cover the costs and and, to the extent lawful, 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 under Section 7.07.

Appears in 7 contracts

Samples: Indenture (Advanced Micro Devices Inc), Indenture (Advanced Micro Devices Inc), Indenture (Firstmiss Gold Inc)

Collection Suit by Trustee. If an Event of Default specified in clause (1i) or (2ii) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Company, or a Subsidiary Guarantor any other obligor on the Notes for the whole amount of principalthe principal of, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and accrued 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 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 7 contracts

Samples: Indenture (Philipp Brothers Chemicals Inc), Indenture (Safety Components Fabric Technologies Inc), Indenture (T Sf Communications Corp)

Collection Suit by Trustee. If an Event of Default specified in clause (1Section 6.01(1) or (2) of Section 6.01 hereof occurs and is continuingcontinuing with respect to Securities of any series, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the whole amount of principalprincipal (or such portion of the principal as may be specified as due upon acceleration at that time in the terms of that series of Securities), premium (premium, if any), interest and any Additional Amounts interest, remaining unpaid on the Securities of that series then outstanding, together with (to the series affected by the Event of Default, and extent lawful) interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, and such further amount as shall be sufficient to cover the costs and and, to the extent lawful, 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 under Section 7.07 hereof.

Appears in 7 contracts

Samples: Indenture (United Defense Lp), Indenture (TTM Technologies Inc), Indenture (TTM Technologies Inc)

Collection Suit by Trustee. If an Event of Default specified in clause (1) or (2) of Section 6.01 hereof 6.1 occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Issuer, or a Subsidiary Guarantor any other obligor on the Notes for the whole amount of principalthe principal of, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and accrued 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 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 7 contracts

Samples: Third Supplemental Indenture (Rosetta Resources Inc.), Second Supplemental Indenture (Rosetta Resources Inc.), First Supplemental Indenture (Rosetta Resources Inc.)

Collection Suit by Trustee. If an Event a Default in payment of Default principal or interest specified in clause clauses (1i) or (2ii) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor any other obligor on the Notes for the whole amount of principal, premium (if any), principal and accrued interest and any Additional Amounts fees remaining unpaid on the Securities of the series affected by the Event of Defaultunpaid, and 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 6 contracts

Samples: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding N.V.), Indenture (Sensata Technologies B.V.)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Defaultprincipal and accrued interest remaining unpaid, and 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 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 (Renco Steel Holdings Inc), Indenture (Duane Reade Inc), Indenture (Sheffield Steel Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (1Section 6.01(1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company (or a Subsidiary Guarantor any other obligor on the Securities) for the whole amount of principalunpaid principal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 then borne by the 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 counsel.

Appears in 6 contracts

Samples: Indenture (Samsonite Corp/Fl), Indenture (Samsonite Corp/Fl), Indenture (Samsonite Holdings Inc)

Collection Suit by Trustee. If an Event of Default specified in clause (1a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Company, or a Subsidiary Guarantor any other obligor on the Notes for the whole amount of principalthe principal of, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and accrued 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 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 6 contracts

Samples: Indenture (California Steel Industries Inc), Indenture (Kimberton Enterprises Inc), Indenture (Penn National Gaming Inc)

Collection Suit by Trustee. If an Event of Default specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company Partnership or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Debt Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, 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 (Energy Transfer LP), Indenture (Energy Transfer LP), Indenture (Energy Transfer Partners, L.P.)

Collection Suit by Trustee. If an Event of Default in payment of interest or principal specified in clause (1Section 6.01(a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Default, and interest on overdue principal and premiumaccrued interest remaining unpaid, if any, and, together with interest overdue on 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 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 (Lin Tv Corp.), Indenture (Lin Tv Corp), Indenture (Aep Industries Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Issuer or a Subsidiary any Guarantor for the whole amount of principalunpaid principal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 set forth in the Notes, and such further amount amounts as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 5 contracts

Samples: Indenture (Massey Energy Co), Indenture (Ipsco Inc), Indenture (Massey Energy Co)

Collection Suit by Trustee. If an Event of Default specified in clause (1Section 6.01(1) or (2) of Section 6.01 hereof occurs and is continuingcontinuing with respect to Notes, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the whole amount of principalPrincipal (or such portion of the Principal as may be specified as due upon acceleration at that time) and interest, premium (if any), interest and any Additional Amounts Amounts, if any, remaining unpaid on the Securities of the series affected by the Event of DefaultNotes then outstanding, and interest on overdue principal and premium, if any, and, together with (to the extent lawful, ) interest on overdue interestPrincipal and interest and Additional Amounts, and such further amount as shall be sufficient to cover the costs and and, to the extent lawful, 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 under Section 7.06.

Appears in 4 contracts

Samples: Indenture (O-I Glass, Inc. /DE/), Indenture (Owens-Illinois Group Inc), Indenture (Owens-Illinois Group Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1Section 6.01(a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Defaultprincipal and accrued interest and fees remaining unpaid, and 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 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 (Asap Software Express Inc), Indenture (Moore Labels Inc), Indenture (Asap Software Express Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary any Guarantor for the whole amount of principalunpaid principal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 set forth in the Notes, and such further amount amounts as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 4 contracts

Samples: Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Defaultprincipal and accrued interest and fees remaining unpaid, and 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 Securities and such further amount as shall be sufficient to cover the costs and expenses of collection, including the actual, documented and reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 4 contracts

Samples: Indenture (Scientific Games Corp), Indenture (Autotote Corp), Indenture (Scientific Games Corp)

Collection Suit by Trustee. If an Event of Default specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company Partnership, the Guarantor or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, 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 (K-Sea Transportation Inc.), Indenture (K-Sea Transportation Inc.), Indenture (Heritage Propane Partners L P)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause Section 6.01(a), (1b) or (2c) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Default, and interest on overdue principal and premiumaccrued interest remaining unpaid, if any, and, together with interest overdue on 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 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 (Timber Tech Inc), Indenture (Vesta Insurance Group Inc), Indenture (Metris Direct Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1a) or (2b) of Section 6.01 hereof 5.1 occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor Issuer for the whole amount of principalprincipal and accrued INDENTURE (16% Junior Subordinated) interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 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 an Event of Default in the payment of principal or interest specified in clause (1) or (2) of Section 6.01 hereof 8.01 occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid another obligor on the Securities for the whole amount of principal and accrued interest remaining unpaid, together with, to the series affected by the Event extent that payment of Defaultsuch interest is lawful, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue installments of interest, in each case at the rate per annum borne by the 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 (Integra Lifesciences Holdings Corp), Indenture (Iac/Interactivecorp), Indenture (Ask Jeeves Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (1) or (2) of Section 6.01 hereof 6.01(a) occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor any other obligor on the Notes for the whole amount of principalprincipal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 4 contracts

Samples: Ninth Supplemental Indenture (Dana Inc), Seventh Supplemental Indenture (Dana Inc), Indenture (Dana Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Company, the Guarantors or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Defaultprincipal and accrued interest remaining unpaid, and 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 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 (Doe Run Resources Corp), Indenture (Doe Run Resources Corp), Indenture (Industrial Fuels Minerals Co)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor any other obligor on the Notes for the whole amount of principalprincipal of, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and accrued interest remaining unpaid, together with interest on overdue principal and, to the extent that payment of such interest is lawful, interest on overdue interest, installments of interest at the rate set forth in Section 2.16 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 (New World Restaurant Group Inc), Indenture (New World Coffee Manhattan Bagel Inc), Indenture (Discovery Zone Inc)

Collection Suit by Trustee. If an Event of Default specified in clause (1i) or (2ii) of Section 6.01 hereof 5.01 occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary and the Guarantor (i) for the amount of principalprincipal of and premium, premium (if any), Additional Amounts, if any, and interest and any Additional Amounts remaining unpaid on the any Securities of the series affected by the Event of Default, and (ii) interest on overdue principal and principal, premium, if any, Additional Amounts, if any, and, to the extent lawful, interest on overdue interest, and such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable and documented compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 4 contracts

Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1Section 6.01(i) or (2ii) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Default, and interest on overdue principal and premiumaccrued interest remaining unpaid, if any, and, together with interest overdue on 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 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 (Falcon Products Inc /De/), Indenture (Leap Wireless International Inc), Indenture (Aerolink International Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1i) or (2ii) of Section 6.01 hereof 7.1 occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Defaultprincipal and accrued interest remaining unpaid, and 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 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 (RSC Duval Inc), Indenture (Color Spot Nurseries Inc), Indenture (Color Spot Nurseries Inc)

Collection Suit by Trustee. If an Event of Default specified in clause (1), (2) or (23) of Section 6.01 hereof occurs and is continuingcontinuing with respect to Securities of any series, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Defaultthat series, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, 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 (R&b Falcon Corp), Indenture (Seitel Capital Trust Ii), Indenture (Seitel Capital Trust Ii)

Collection Suit by Trustee. If an Event of Default specified in clause (1Section 6.01(1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Issuer or a Subsidiary any Guarantor (or any other obligor on the Notes) for the whole amount of principalunpaid principal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 set forth in the Notes, and such further amount amounts as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 3 contracts

Samples: Indenture (Cooper-Standard Holdings Inc.), Indenture (Cooper-Standard Holdings Inc.), Indenture (Cooper-Standard Holdings Inc.)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Defaultprincipal and accrued interest and fees remaining unpaid, and 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 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 counselcounsel and any other amounts due the Trustee under Section 7.07.

Appears in 3 contracts

Samples: Indenture (Bway Corp), Indenture (BWAY Holding CO), Indenture (Bway Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause Section 6.01(a), (1b), (c) or (2d) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Default, and interest on overdue principal and premiumaccrued interest remaining unpaid, if any, and, together with interest overdue on 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 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 (Lin Television Corp), Indenture (Homco Puerto Rico Inc), Indenture (WTNH Broadcasting Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal or any premium or interest specified in clause paragraphs (1) or (2) of Section 6.01 hereof in respect of a series of Securities occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a any Subsidiary Guarantor for the whole amount of principal, premium (if any), interest principal and any Additional Amounts premium and interest then due and remaining unpaid on with respect to the Securities of the series affected by the Event of Defaultsuch series, and interest on overdue principal and any premium, if any, and, to the extent lawful, interest on overdue interest, 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 3 contracts

Samples: Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Energy Marketing Inc), Indenture (Mc Louisiana Minerals LLC)

Collection Suit by Trustee. If an Event of Default specified in clause (1i) or (2ii) of Section 6.01 hereof 6.1 occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against LNR, or any other obligor on the Company or a Subsidiary Guarantor Notes for the whole amount of principalthe principal of, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and accrued 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 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 3 contracts

Samples: Indenture (LNR Property Corp), Indenture (LNR Property Corp), Indenture (LNR Property Corp)

Collection Suit by Trustee. If an Event of Default in payment of Principal or interest specified in clause (1a) or (2b) of Section 6.01 hereof 5.01 occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor any other obligor on the Notes for the whole amount of principalPrincipal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and together with interest on overdue principal and premium, if any, Principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate 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 (Cellstar Corp), Indenture (Cellstar Corp), Indenture (Cellstar Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (1Section 6.01(1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company (or a Subsidiary Guarantor any other obligor on the Notes) for the whole amount of principalunpaid principal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 then borne by the Notes, and such further amount amounts as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 3 contracts

Samples: Indenture (Cole National Corp /De/), Indenture (Cole National Group Inc), Indenture (Park Ohio Industries Inc)

Collection Suit by Trustee. If an Event of Default specified in clause (1), (2) or (23) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07.

Appears in 3 contracts

Samples: Indenture (Petroleum Geo Services Asa), Indenture (Petroleum Geo Services Asa), Indenture (Petroleum Geo Services Asa)

Collection Suit by Trustee. If an Event of Default specified in clause (1a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Company, or a Subsidiary Guarantor any other obligor on the Notes for the whole amount of principalthe principal of, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and accrued 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 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 3 contracts

Samples: Indenture (Magnum Hunter Resources Inc), Indenture (Magnum Hunter Resources Inc), Indenture (Abraxas Petroleum Corp)

Collection Suit by Trustee. If an Event of Default in the payment of principal or interest specified in clause (1a) or (2b) of Section 6.01 hereof 7.01 occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor another obligor on the Notes for the whole amount of principalprincipal and accrued interest remaining unpaid, premium (if any)together with, to the extent that payment of such interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Defaultis lawful, and interest on overdue principal and premium, if any, and, to the extent 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 compensation and reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 3 contracts

Samples: Indenture (Nuvasive Inc), Indenture (Nuvasive Inc), Indenture (Nuvasive Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1Section 6.01(a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Default, and interest on overdue principal and premiumaccrued interest remaining unpaid, if any, and, together with interest overdue on 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 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 (Lin Television Corp), Indenture (Cooperative Computing Inc /De/), Indenture (Lin Television Corp)

Collection Suit by Trustee. If an Event of Default specified in clause (1i) or (2ii) of Section 6.01 5.01 hereof occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and interest (and Liquidated Damages, if any) remaining unpaid on the Securities, and interest on overdue principal, premium, if any, and Liquidated Damages, if any and, to the extent lawful, interest on overdue interestinterest (and Liquidated Damages, if any), and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 3 contracts

Samples: Indenture (Southern Natural Gas Co), Indenture (Anr Pipeline Co), Indenture (Southern Natural Gas Co)

Collection Suit by Trustee. If an Event of Default specified in clause (1i) or (2ii) of Section 6.01 hereof 5.01 occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor and the Guarantors (i) for the amount of principalprincipal of and premium, premium (if any), Additional Amounts, if any, and interest and any Additional Amounts remaining unpaid on the any Securities of the series affected by the Event of Default, and (ii) interest on overdue principal and principal, premium, if any, Additional Amounts, if any, and, to the extent lawful, interest on overdue interest, and such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable and documented compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 3 contracts

Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)

Collection Suit by Trustee. If an Event of Default in the payment of principal or interest specified in clause (1) or (2) of Section 6.01 hereof Subsection 8.1 (a) occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor another obligor on the Notes for the whole amount of principalprincipal and accrued interest remaining unpaid, premium (if any)together with, to the extent that payment of such interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and is lawful interest on overdue principal and premium, if any, and, to overdue installments of interest in each case at the extent lawful, interest on overdue interest, 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 (Clearwire Corp), Indenture (Clearwire Corp), Indenture (Clearwire Corp)

Collection Suit by Trustee. If an Event of Default in payment of Principal or interest specified in clause (1i) or (2ii) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of DefaultPrincipal and accrued interest remaining unpaid, and together with interest on overdue principal and premium, if any, Principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate per annum borne by the 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 (Ibf Vi Guaranteed Income Fund), Indenture (Ibf Vi Guaranteed Income Fund), Indenture (Headway Corporate Resources Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1i) or (2ii) of Section 6.01 hereof 7.01 occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Defaultprincipal and accrued interest remaining unpaid, and 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 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 (Dominicks Supermarkets Inc), Indenture (Bay Area Warehouse Stores Inc), Indenture (Smiths Food & Drug Centers Inc)

Collection Suit by Trustee. If an Event of Default specified in clause (1Section 6.01(1) or (2) with respect to Securities of Section 6.01 hereof any series occurs and is continuing, the Trustee is authorized to may recover judgment as permitted under applicable law in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of Principal (or such portion of the Principal as may be specified as due upon acceleration at that time in the terms of that series affected by the Event of Default, Securities) and interest remaining unpaid with respect to such series of Securities and interest on overdue principal Principal and premium, if any, and, to the extent lawful, interest on overdue interest, and such further amount as shall be sufficient to cover the costs and and, to the extent lawful, expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 3 contracts

Samples: Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc)

Collection Suit by Trustee. If an Event of Default specified in clause (1) or (2a) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Company, or a Subsidiary Guarantor any other obligor on the Securities, for the whole amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of DefaultAccreted Value of, and interest on overdue principal and premiuminterest, if any, remaining unpaid, together with interest on overdue Accreted Value and, to the extent that payment of such interest is lawful, interest on overdue amounts of such interest, in each case at the rate per annum provided for by the 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 (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc)

Collection Suit by Trustee. If an Event of Default in payment of interest or principal specified in clause (1Section 7.01(a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Defaultunpaid principal and accrued interest remaining unpaid, and 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 borne by the Securities, and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Acclaim Entertainment Inc), Indenture (Trans Lux Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (1) or (2) of Section 6.01 hereof 5.01(a) occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary any Guarantor for the whole amount of principalunpaid principal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 set forth in the Notes, and such further amount amounts as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Catalyst Paper Corp), Indenture (Catalyst Paper Corp)

Collection Suit by Trustee. If an Event of Default specified in clause (1i) or (2ii) of Section 6.01 hereof 5.01 occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary and the Guarantor (i) for the amount of principalprincipal of and premium, premium (if any), Additional Amounts, if any, and interest and any Additional Amounts remaining unpaid on the any Securities of the series affected by the Event of Default, and (ii) interest on overdue principal and principal, premium, if any, Additional Amounts, if any, and, to the extent lawful, interest on overdue interest, 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 (Nabors Industries LTD), Indenture (Nabors Industries LTD)

Collection Suit by Trustee. If an Event of Default specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company Issuer or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, 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 (EQT Corp), Indenture (EQT Midstream Partners, LP)

Collection Suit by Trustee. If an Event of Default specified in clause (1Section 6.01(i) or (2ii) of Section 6.01 hereof occurs and is continuingcontinuing with respect to securities of any series, the Trustee is authorized to trustee may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the whole amount of principalprincipal (or such portion of the principal as may be specified as due upon acceleration at that time in the terms of that series of securities) and accrued interest, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities outstanding securities of that series, together with (to the series affected by the Event of Default, and extent lawful) interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, and such further amount as shall be sufficient to cover the costs and and, to the extent lawful, expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trusteetrustee, its agents and counselcounsel and any other amounts due the trustee under Section 7.07.

Appears in 2 contracts

Samples: Indenture (Lear Corp /De/), Indenture (Lear Corp /De/)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (1) or (2) of Section 6.01 5.01(a) hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary any Guarantor for the whole amount of principalunpaid principal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 set forth in the Notes, and such further amount amounts as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD)

AutoNDA by SimpleDocs

Collection Suit by Trustee. If an Event of Default specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuingcontinuing with respect to Securities of any series, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Defaultthat series, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, 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 (Helix Energy Solutions Group Inc), Subordinated Indenture (Helix Energy Solutions Group Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1Section 4.01(a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Issuer or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Default, and interest on overdue principal and premiumaccrued interest remaining unpaid, if any, and, together with interest overdue on 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 Securities and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Lin Television Corp), Indenture (Getty Images Inc)

Collection Suit by Trustee. If an Event of Default specified in clause (1Section 6.01(1) or (2) of Section 6.01 hereof occurs and is continuingcontinuing with respect to Securities of any series, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the whole amount of principalprincipal (or such portion of the principal as may be specified as due upon acceleration at that time in the terms of that series of Securities), premium (premium, if any), interest and any Additional Amounts interest, remaining unpaid on the Securities of that series then outstanding, together with (to the series affected by the Event of Default, and extent lawful) interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, and such further amount as shall be sufficient to cover the costs and and, to the extent lawful, expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07.

Appears in 2 contracts

Samples: Indenture (Surgalign Holdings, Inc.), Indenture (RTI Surgical Holdings, Inc.)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1Section 8.01(a) or (2c) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary any Guarantor for the whole amount of principalunpaid principal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 set forth in the Indenture and 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: Supplemental Indenture (M I Homes Inc), Supplemental Indenture (M I Homes Inc)

Collection Suit by Trustee. If an Event of Default specified in clause clauses (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, 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 (Contango ORE, Inc.), Indenture (Riley Exploration Permian, Inc.)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (1) or (2) of Section 6.01 hereof 6.01(a) occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Issuer or a Subsidiary Guarantor any other obligor of the Notes for the whole amount of principal, premium (premium, if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and accrued interest remaining unpaid, together with interest on overdue principal and premium, if any, premium and, to the extent that payment thereof is lawful, interest on overdue interestinstallments of interest in each case at the rate specified in the Notes, and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Manitowoc Foodservice, Inc.), Indenture (Manitowoc Co Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause Section 6.01(a), (1b) or (2c) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor Issuer and the Guarantors for the whole amount of principalunpaid principal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 then borne by the Notes, and such further amount amounts as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Muzak Heart & Soul Foundation), Indenture (Muzak LLC)

Collection Suit by Trustee. If an Event of Default in the payment of principal or interest specified in clause (1Section 6.01(i) or (2ii) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor any other obligor on the Notes for the whole amount of principalprincipal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 2 contracts

Samples: Indenture (Cerplex Group Inc/De), Indenture (Aurora Electronics Inc)

Collection Suit by Trustee. If an Event of Default specified in clause (1a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Company, or a Subsidiary Guarantor any other obligor on the Notes, for the whole amount of principalprincipal of, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and accrued 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 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 under Section 7.08.

Appears in 2 contracts

Samples: Indenture (Rose Hills Co), Indenture (Prime Succession Inc)

Collection Suit by Trustee. If an Event of Default specified in clause (1i) or (2ii) of Section 6.01 hereof 5.01 occurs with respect to a series of Securities and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor and the Guarantors (i) for the amount of principalprincipal of and premium, premium (if any), and interest and any Additional Amounts remaining unpaid on the any Securities of the such series affected by the Event of Default, and (ii) interest on overdue principal and principal, premium, if any, and, to the extent lawful, interest on overdue interest, and such further amount as shall be sufficient to cover the reasonable and documented costs and expenses of collection, including the reasonable and documented compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Columbia Pipeline Group, Inc.), Indenture (Nisource Inc/De)

Collection Suit by Trustee. If an Event of Default specified in clause (1) or (2) of Section 6.01 5.01 hereof occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and interest (and Liquidated Damages, if any) remaining unpaid on the Securities, and interest on overdue principal, premium, if any, and Liquidated Damages, if any and, to the extent lawful, interest on overdue interestinterest (and Liquidated Damages, if any), and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Transcontinental Gas Pipe Line Corp), Indenture (Williams Companies Inc)

Collection Suit by Trustee. If an Event a Default in payment of Default principal or interest specified in clause (1Section 5.1(a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Issuer or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Defaultprincipal and accrued interest and fees remaining unpaid, and 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 Securities and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Sabra Health Care REIT, Inc.), Indenture (Sabra Health Care Limited Partnership)

Collection Suit by Trustee. If an Event of Default specified in clause (1a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Company, or a Subsidiary Guarantor any other obligor on the Notes for the whole amount of principalprincipal of, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and accrued 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 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 (Telegroup Inc), Indenture (Telegroup Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1Section 6.01(a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Holdings or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Default, and interest on overdue principal and premiumaccrued interest remaining unpaid, if any, and, together with interest overdue on 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 Securities and such further amount as shall be sufficient to cover the reasonable costs and expenses of collectioncollection which would be out-of-pocket, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and legal counsel.

Appears in 2 contracts

Samples: Indenture (Manischewitz B Co LLC), Indenture (Rab Enterprises Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause paragraphs (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Issuer or a Subsidiary Guarantor any other obligor on the Securities for the whole amount of principal, premium (if any)and accrued interest remaining unpaid, interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and together with interest on overdue principal and premium, if any, and, to the extent that payment of such interest is lawful, interest on overdue interest, installments of interest at the rate set forth in the Securities and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Globe Holdings Inc), Indenture (Globe Manufacturing Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1) or (2) of Section 6.01 hereof 6.1 occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Company, any Subsidiary Guarantor, or a Subsidiary Guarantor any other obligor on the Notes for the whole amount of principalprincipal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 2 contracts

Samples: Indenture (PSS Holding Inc), Indenture (Everest One Ipa Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause Section 6.01(a), (1b) or (2c) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the whole amount of unpaid principal, premium (if any)and accrued interest remaining unpaid, together with, to the extent that payment of such interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Defaultis lawful, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue installments of interest, in each case at the rate 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 (Buslease Inc /New/), Indenture (Ifco Systems Nv)

Collection Suit by Trustee. If an Event of Default specified in clause (1Section 7.01(a)(i) or (2ii) of Section 6.01 hereof occurs and is continuing, subject to the Intercreditor Agreement, without the possession of any of the Notes or the production thereof in any proceeding related thereto, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor Issuer and Guarantors for the whole amount of principalprincipal of, premium (and Additional Interest, if any), and interest and any Additional Amounts remaining unpaid on on, the Securities of the series affected by the Event of Default, Notes and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the TrusteeTrustee (including without limitation any amounts due to the Trustee pursuant to Section 8.06 hereof), its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Defaultprincipal and accrued interest and fees remaining unpaid, and 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 Securities and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Unifrax Investment Corp), Indenture (Arcon Coating Mills Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause (1Section 6.1(1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor the Guarantors (or any other obligor on the Notes) for the whole amount of principalunpaid principal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 then borne by the Notes, and such further amount amounts as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, including all sums due and owing to the Trustee pursuant to Section 7.7.

Appears in 2 contracts

Samples: Indenture (Pierce Leahy Corp), Indenture (Pierce Leahy Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest (including Additional Interest, if any) specified in clause (1a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the whole amount of principalprincipal and accrued interest (including Additional Interest, premium (if any)) remaining unpaid, interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and together with interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue installments of interest, in each case at the rate specified in the Notes, and such further amount as shall be is sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counselcounsel and any other amounts due the Trustee hereunder.

Appears in 2 contracts

Samples: Indenture (Callaway Golf Co), Indenture (Callaway Golf Co)

Collection Suit by Trustee. If an Event of Default specified in clause (1i) or (2ii) of Section 6.01 hereof 5.01 occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor and the Guarantors (i) for the amount of principalprincipal of and premium, premium (if any), Additional Amounts, if any, and interest and any Additional Amounts remaining unpaid on the any Securities of the series affected by the Event of Default, and (ii) interest on overdue principal and principal, premium, if any, Additional Amounts, if any, and, to the extent lawful, interest on overdue interest, and such further amount as shall be sufficient to cover the costs reasonable and documented costs, fees and expenses of collection, including the reasonable and documented compensation, expenses, fees, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)

Collection Suit by Trustee. If an Event of Default specified in clause (1a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Issuer, or a Subsidiary Guarantor any other obligor on the Notes for the whole amount of principalthe principal of, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and accrued 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 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 2 contracts

Samples: Indenture (Pahc Holdings Corp), Indenture (Standard Commercial Corp)

Collection Suit by Trustee. If an Event of Default specified in clause (1Section 6.01(a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor any other obligor on the Senior Subordinated Securities for the whole amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premiumaccrued interest remaining unpaid, if any, and, together with interest overdue on 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 Senior Subordinated Securities and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Cadmus Communications Corp/New), Indenture (Cadmus Communications Corp/New)

Collection Suit by Trustee. If an Event of Default in payment of interest or principal specified in clause (1Section 6.01(a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event principal of Default, and interest on overdue principal and premium, if any, andand accrued interest remaining unpaid, together with interest overdue on 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 Securities and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Triton PCS Holdings Inc), Indenture (Triton PCS Holdings Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1Section 6.01(1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust 55 -49- against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Default, and interest on overdue principal and premiumaccrued interest remaining unpaid, if any, and, together with interest overdue on 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 Securities and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Global Telesystems Group Inc), Indenture (Hermes Europe Railtel B V)

Collection Suit by Trustee. If an Event of Default specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuingcontinuing with respect to Securities of any series, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, 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 (Lennox Industries Inc), Indenture (Lennox Industries Inc)

Collection Suit by Trustee. If an Event of Default specified in clause (1Section 6.01(l) or (2) of Section 6.01 hereof occurs and is continuingcontinuing with respect to Securities of any series, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the whole amount of principalprincipal (or such portion of the principal as may be specified as due upon acceleration at that time in the terms of that series of Securities) and interest, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of that series then outstanding, together with (to the series affected by the Event of Default, and extent lawful) interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, and such further amount as shall be sufficient to cover the costs and and, to the extent lawful, 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 under Section 7.07 hereof.

Appears in 2 contracts

Samples: Indenture (Wintrust Capital Trust VI), Indenture (Golden Star Resources LTD)

Collection Suit by Trustee. If an Event of Default in payment of principal and interest, if any, specified in clause (1‎(1) or (2‎(2) of Section ‎Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Company, any Subsidiary Guarantor or any other obligor on the Notes for the whole amount of principalprincipal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 rates set forth herein and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under ‎Section 7.07.

Appears in 2 contracts

Samples: Senior Convertible Notes Indenture (Central European Media Enterprises LTD), Indenture (CME Media Enterprises B.V.)

Collection Suit by Trustee. If an Event of Default in payment of Principal or interest specified in clause (1a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor any other obligor on the Notes for the whole amount of principalPrincipal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and together with interest on overdue principal and premium, if any, Principal and, to the extent that payment of such interest is lawful, interest on overdue installments of interest, in each case at the rate 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 (Cellstar Corp), Indenture (Cellstar Corp)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause Section 6.01(a), (1b), (c) or (2d) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Holdings or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Default, and interest on overdue principal and premiumaccrued interest remaining unpaid, if any, and, together with interest overdue on 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 Securities and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Lin Television Corp), Indenture (WTNH Broadcasting Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1Section 6.01(1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Issuer or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Defaultprincipal and accrued interest and fees remaining unpaid, and 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 Securities and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Global Crossing Uk Telecommunications LTD), Indenture (Global Crossing LTD)

Collection Suit by Trustee. If an Event of Default in payment of principal, premium or interest specified in clause clauses (1i), (ii) or (2iii) of Section 6.01 hereof of this Indenture occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the whole amount of principalunpaid principal and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 then borne by the Notes, and such further amount amounts 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 (International Shipholding Corp)

Collection Suit by Trustee. If an Event of Default specified in clause (1a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company Partnership or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, 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 (Energy Transfer Equity, L.P.)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Company, any Guarantor or a Subsidiary Guarantor any other obligor on the Notes for the whole amount of principal, premium (if any), principal and accrued interest then due and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and (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, ) at the rate 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 counselcounsel and any other amounts due the Trustee under Section 7.07.

Appears in 1 contract

Samples: Indenture (Railworks Corp)

Collection Suit by Trustee. If an Event of Default specified in clause (1) or (2a) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Issuer, or a Subsidiary Guarantor any other obligor on the Bonds for the whole amount of principalprincipal of, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and accrued 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 then borne by the Bonds 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 (Global Telesystems Group Inc)

Collection Suit by Trustee. If an Event of Default in payment of principal or interest specified in clause (1a) or (2b) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), interest and any Additional Amounts remaining unpaid other obligor on the Securities for the whole amount of the series affected by the Event of Defaultprincipal and accrued interest and fees remaining unpaid, and 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 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 counselcounsel and any other amounts due the Trustee under Section 7.07.

Appears in 1 contract

Samples: Indenture (Unilab Corp /De/)

Collection Suit by Trustee. If an Event of Default specified in clause (1) or (2) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company or a Subsidiary Guarantor for the amount of principal, premium (if any), and interest on and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and interest on overdue principal and premium, if any, and, to the extent lawful, interest on overdue interest, 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: Subordinated Debt Indenture (Lyondell Trust Iii)

Collection Suit by Trustee. If an Event of Default specified in clause (1i) or (2ii) of Section 6.01 hereof occurs and is continuing, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company Company, any Note Guarantor or a Subsidiary Guarantor any other obligor on the Notes for the whole amount of principalprincipal of and accrued interest remaining unpaid, premium (if any), interest and any Additional Amounts remaining unpaid on the Securities of the series affected by the Event of Default, and 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 (Mettler Toledo Holding Inc)

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