Common use of Collection Suit by Trustee Clause in Contracts

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 71 contracts

Samples: Indenture (Amerisourcebergen Corp), Cenveo, Inc, Indenture (Amkor Technology Inc)

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Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01(1) or (b2) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on on, the Notes and interest on overdue principal and, to the extent lawful, 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 27 contracts

Samples: Indenture (Vector Group LTD), Indenture (Brenner's on the Bayou, Inc.), Indenture (Harry & David Holdings, Inc.)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01(i) or (bii) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 17 contracts

Samples: Supplemental Indenture (Crew J Operating Corp), Indenture Assumption Agreement (Advanced Medical Inc), Indenture (Albecca Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) occurs and is continuingcontinuing with respect to any series of Securities, the Trustee is authorized to recover judgment in its own name and as trustee Trustee of an express trust against the Company for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes such Securities and interest on overdue principal and, to the extent lawful, 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 17 contracts

Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc), Kulicke and Soffa (Kulicke & Soffa Industries Inc), Indenture (Annuity & Life Re Holdings LTD)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 13 contracts

Samples: Consent and Agreement (Premier Finance Biloxi Corp), Indenture (World Almanac Education Group Inc), Indenture (Perkins Finance Corp)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01(1) or (b2) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes Securities and interest on overdue principal and, to the extent lawful, and 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 12 contracts

Samples: Pledge Agreement (Excel Legacy Corp), Agreement (Excel Legacy Corp), Indenture (Excel Legacy Corp)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Fourth Supplemental Indenture (Lear Corp), Third Supplemental Indenture (Lear Corp), Indenture (Ocean Energy Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a8.01(a) or (b) ), 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, and 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 8 contracts

Samples: Indenture (Peregrine Systems Inc), Indenture (Peregrine Systems Inc), Microstrategy Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a8.01(a)(i) or (b8.01(a)(ii) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal andSecurities of such series, to the extent lawfuldetermined in accordance with Section 8.02(b) hereof, interest and such further amount as shall will be sufficient to cover the costs and expenses of collection, including including, without limitation, the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 6 contracts

Samples: Indenture (U S Home Corp /De/), U S Home Corp /De/, U S Home Corp /De/

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 any Guarantor for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 (Casino Magic of Louisiana Corp), Indenture (Inex Corp), Amcraft Building Products Co Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) occurs and is continuing, the Trustee is authorized to recover a judgment in its own name and as trustee of an express trust against the Company Issuers for the whole amount of principal of, premium and interest and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Qualified (Gulfterra Energy Partners L P), Management Agreement (Leviathan Finance Corp), Indenture (El Paso Energy Partners Lp)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01 (a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes then due and owing (together with interest on overdue principal and, to the extent lawful, interest 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 (Centene Corp), Indenture (Centene Corp), Indenture (Centene Corp)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal ofprincipal, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes and interest on overdue principal and premium, if any, and, to the extent lawful, 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 (Hornbeck Offshore Services Inc /La), Indenture (Hornbeck Offshore Services Inc /La), Indenture (Hornbeck Offshore Services Inc /La)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Senior Notes and interest on overdue principal and, to the extent lawful, 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 3 contracts

Samples: Indenture (Hyperion Telecommunications Inc), Leslie Resources Inc, Adelphia Communications Corp

Collection Suit by Trustee. If an Event of Default in payment of interest or principal specified in Section 6.01(a6.1(1) or (b2) occurs and is continuing, subject to Sections 6.2 and 6.4 the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company for the whole amount of principal of, premium and premium, interest and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 3 contracts

Samples: Indenture (Procom Services), Indenture (BTG Inc /Va/), Indenture (Lockheed Martin Corp)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, and 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 (NTL Communications Corp), Indenture (NTL Communications Corp), NTL Communications Corp

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 3 contracts

Samples: Management Agreement (International Specialty Products Inc /New/), Indenture (Shop Vac Corp), Insight Communications Co Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes and interest interest, if any, on overdue principal and, to the extent lawful, interest and such further amount as shall be sufficient to cover the costs and expenses of collection, including including, without limitation, the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 3 contracts

Samples: Nextwave Personal Communications Inc, Nextwave Personal Communications Inc, Nextwave Personal Communications Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 any Guarantor for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 3 contracts

Samples: Indenture (Consoltex Usa Inc), Indenture (Consoltex Inc/ Ca), Indenture (Consoltex Inc/ Ca)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01(a)(i) or (ba)(ii) 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 for the whole amount of principal ofprincipal, premium and Liquidated Damagespremium, if any, and interest interest, if any, remaining unpaid on the Notes any Securities and interest on overdue principal and, to the extent lawful, 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 3 contracts

Samples: TOUSA Investment #1, Inc., TOUSA Investment #1, Inc., TOUSA Investment #1, Inc.

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Senior Notes and interest on overdue principal and, to the extent lawful, 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 hereof.

Appears in 3 contracts

Samples: Indenture (Varsity Spirit Corporation), Indenture (Riddell Sports Inc), Indenture (Riddell Sports Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01(i) or (bii) occurs and is continuing, without the possession of any of the Securities or the production thereof in any proceeding relating thereto, the Trustee is authorized to may recover judgment in its own name and as trustee of an express trust against the Company for the whole amount of principal ofdue with respect to the Securities, premium including any unpaid and Liquidated Damages, if any, and accrued interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, interest and such further amount as shall be sufficient to cover the costs and expenses of collection, including the actual, reasonable and documented compensation, expenses, expenses disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Equinox Gold Corp., First Majestic Silver Corp

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a7.1(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damageson, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 (Eott Energy Finance Corp), Indenture (Eott Energy Finance Corp)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 Issuers for the whole amount of principal ofunpaid principal, premium and Liquidated Damages, if any, and accrued interest remaining unpaid unpaid, together with, to the extent that payment of such interest is lawful, interest on the Notes overdue principal and interest on overdue principal andinstallments of interest, to in each case at the extent lawfulrate set forth in Section 4.01, interest 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: NSP Holdings Capital Corp., Norcross Capital Corp

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium interest, premium, if any, and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, interest 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 (Wheeling Pittsburgh Corp /De/), WHX Corp

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.1(1) or (b2) 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 any Issuer or any Guarantor for the whole amount of principal ofprincipal, premium premium, if any, and interest and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Credit Agreement (Meristar Hospitality Corp), Supplemental Indenture (Meristar Hospitality Corp)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and and, interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Trico Marine Services (Trico Marine Services Inc), Trico Marine Services (Saevik Shipping As)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01(i) or (bii) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Senior Notes and interest on overdue principal and, to the extent lawful, 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 (Curtis Sub Inc), Supplemental Indenture (Goodman Conveyor Co)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest and Liquidated Damages, if any, on overdue principal and, to the extent lawful, interest and such further amount as shall be sufficient to cover the costs and expenses of collection, including including, without limitation, the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Merrill Corp, Condor Systems Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 any Guarantor for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 to the Trustee under Section 7.07 hereof.

Appears in 2 contracts

Samples: Execution (Massic Tool Mold & Die Inc), Credit Agreement (Massic Tool Mold & Die Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01(i) or (bii) 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 for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Senior Notes and interest on overdue principal and, to the extent lawful, 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 (Niagara Mohawk Power Corp /Ny/), Niagara Mohawk Power Corp /Ny/

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 any Guarantor for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, interest on overdue principal and interest as provided in Section 4.01 and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

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

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a5.01(a) or (b) 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 for the whole amount all overdue amounts of principal of, premium and Liquidated Damagespremium, if any, and interest interest, if any, remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 (United Community Banks Inc), Indenture (United Community Banks Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01(i) or (bii) 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 for the whole amount of principal of, premium premium, if any, and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, interest and such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Indenture (Delta Mills Inc), Delta Woodside Industries Inc /Sc/

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes Debentures and interest on overdue principal and, to the extent lawful, 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 (Finlay Enterprises Inc /De), Security and Pledge Agreement (Finlay Enterprises Inc /De)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 6.1 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and and, to the extent lawful, interest on overdue principal and, to the extent lawful, 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: RFS Partnership Lp, RFS Hotel Investors Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.1(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, interest and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, fees, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 2 contracts

Samples: Alliance Laundry Holdings LLC, Alliance Laundry Holdings LLC

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.1(1) or (b2) 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 any Subsidiary Guarantor for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 (Lomak Petroleum Inc), Canton Oil & Gas Co

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium premium, if any, interest and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 (Printpack Inc), Indenture (Printpack Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) hereof occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against either of the Company Issuers for the whole amount of principal of, premium and Liquidated Damages, if any, and interest Interest remaining unpaid on the Notes and interest Interest on overdue principal and, to the extent lawful, interest 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: Shreveport Capital Corp, HCS Ii Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium premium, if any, interest and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Supplemental Indenture (Iron Mountain Inc /De), Supplemental Indenture (Iron Mountain Inc /De)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damagespremium, if any, Loan Fees, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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, including the amounts provided for in Section 7.07 hereof.

Appears in 2 contracts

Samples: Indenture (Criimi Mae Inc), Indenture (Criimi Mae Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and premiums, if any, interest or Liquidated Damages, if any, and interest remaining unpaid on the Subordinated Notes and interest on overdue principal and, to the extent lawful, 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 (Sf Holdings Group Inc), Indenture (Sf Holdings Group Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.1(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on on, the Notes and interest on overdue principal and, to the extent lawful, 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 (National Oilwell Inc), Indenture (National Oilwell Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a8.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated DamagesAdditional Interest, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 (Emcore Corp), Cubist Pharmaceuticals Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01 (i) or (bii) 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 for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes and Special Interest, if any, then due and owing (together with interest on overdue principal and, to the extent lawful, interest 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: S&c Resale Co, S&c Holdco 3 Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal amount of, premium and Liquidated DamagesAdditional Interest, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Marathon Power Technologies Co, Marathon Power Technologies Co

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.1(1) or (b2) 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 any Guarantor for the whole amount of principal ofprincipal, premium premium, if any, and interest and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Supplemental Indenture (Meristar Hospitality Corp), Supplemental Indenture (Capstar Hotel Co)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damageson, if any, and interest and Additional Interest, if any, remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Term Loan Agreement (Pilgrims Pride Corp), Pilgrims Pride Corp

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01(i) or (bii) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 (Nebco Evans Holding Co)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.1(a) or (b6.1(b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the 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 Trustee, Trustee and its agents and counsel.

Appears in 1 contract

Samples: Indenture (Louisiana Casino Cruises Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a8.01(a) or (b) 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 for the whole amount of principal of, premium and interest and Liquidated Damages, Damages (if any) on, and interest remaining unpaid on the Notes and interest on overdue principal remaining unpaid and, to the extent lawful, interest on overdue principal and interest 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 1 contract

Samples: Indenture (Midcom Communications Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01(i) or (bii) 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 any other obligor under the Notes for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 (Alaris Medical Systems Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes Debentures and interest on overdue principal and, to the extent lawful, 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: Falcon Funding Corp

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee Trustee of an express trust against the Company for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, interest and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable 69 77 compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 1 contract

Samples: Indenture (Grant Prideco Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.1(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, interest and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, fees, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 1 contract

Samples: Clearview Cinema Group Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a7.1(a) or (b) 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 for the whole amount of principal ofprincipal, premium and Liquidated Damages, if any, Redemption Price and interest remaining unpaid on the Notes and interest on overdue principal and Redemption Price and, to the extent lawful, interest interest, and such further amount amounts as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expensesexpense, disbursements and advances of the Trustee, its agents and counsel.

Appears in 1 contract

Samples: Indenture (Keystone Consolidated Industries Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01 (a) or (b) 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 for the whole amount of Accreted Value, principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue Accreted Value, principal and, to the extent lawful, 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: Restaurant Co

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(aSECTION 6.01(A)(VI)(1) or (b2) 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 for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Perkins & Marie Callender's Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a7.01(a) or (b) occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust on behalf of the Holders against the Company for the whole amount of principal amount of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 (Covad Communications Group Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee Trustee of an express trust against the Company for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest and Liquidated Damages, if any, on overdue principal and, to the extent lawful, 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: Personal Care Holdings Inc

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Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee Trustee of an express trust against the Company for the whole amount of principal of, premium premium, interest and Liquidated DamagesAdditional Interest, if any, and interest on the remaining unpaid on the such Notes and interest on overdue principal and, to the extent lawful, 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: Dobson Communications Corp

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium premium, interest and Liquidated Damages, if any, and interest remaining unpaid on the Notes Debentures and interest on overdue principal and, to the extent lawful, interest and Liquidated Damages and such further amount as shall be sufficient to 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: Greyhound Lines Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01(i) or (bii) 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 for the whole amount of principal of, of and premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, interest 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 (Metal Management Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 any Guarantor for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Supplemental Indenture (Bulls Eye Marketing Inc /Ca/)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal amount or Accreted Value of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Cellular Communications International Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01(i) or (bii) 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 for the whole amount of principal Accreted Value of, premium and Liquidated DamagesAdditional Interest, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 (Cinemark Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and premiums, if any, interest or Liquidated Damages, if any, and interest remaining unpaid on the Senior Secured Discount Notes and interest on overdue principal and, to the extent lawful, 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 (Sf Holdings Group Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.1(A) or (bB) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Senior Notes and interest on overdue principal and, to the extent lawful, 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 to the Trustee under Section 7.7.

Appears in 1 contract

Samples: Indenture (Oxford Health Plans Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 6.01 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, interest and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, 57 59 disbursements and advances of the Trustee, its agents and counsel.

Appears in 1 contract

Samples: Precision Engine Products Corp

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.1(a) or (b) 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 for the whole amount of principal of, premium and Liquidated DamagesAdditional Interest, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Cke Restaurants Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes Debentures and interest on overdue principal and, to the extent lawful, 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 counselcounsel and all other amounts due to the Trustee pursuant to Section 7.07 hereof.

Appears in 1 contract

Samples: Grove Investors Capital Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.1(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Senior Subordinated Notes and interest on overdue principal and, to the extent lawful, interest and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, fees, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 1 contract

Samples: Avalon Cable Finance Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(aSECTION 5.01(a) or (b) 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 and the Guarantors for the whole amount of principal ofdue with respect to the Securities, premium including any unpaid and Liquidated Damages, if any, and accrued interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, interest and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements disbursement and advances of the Trustee, its agents and counsel.

Appears in 1 contract

Samples: Indenture (LDK Solar Co., Ltd.)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 counselcounsel and any other amounts due the Trustee pursuant to the provisions of Section 7.07.

Appears in 1 contract

Samples: Exhibit T3c (Envirosource Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, and interest and such further amount as shall be sufficient to cover the costs and and, to the extent lawful, 45 expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 1 contract

Samples: Indenture (NTL Inc /De/)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01(i) or (bii) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and Notes, interest on overdue principal and, to the extent lawful, 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, including, but not limited to, all amounts owing to the Trustee under Section 7.07 herein.

Appears in 1 contract

Samples: Indenture (Imperial Credit Industries Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes Debentures and interest on overdue principal and, to the extent lawful, 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: Thermadyne Holdings Corp /De

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 6.1 hereof occurs and is continuing, subject to the terms of the Intercreditor Agreement, the Trustee is authorized to recover judgment in its own name and as trustee of an express trust against the Company for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Orbital Sciences Corp /De/

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee Trustee of an express trust against the Company Issuer for the whole amount of principal of, premium and Liquidated DamagesAdditional Interest, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: A 1 Homes Group Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 Holding for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes Debentures and interest on overdue principal and, to the extent lawful, 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: Execution (Aki Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01{i) or (bii) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Von Hoffmann Holdings Inc

Collection Suit by Trustee. If Subject to Section 6.02 hereof, if an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 (Advanced Radio Telecom Corp)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest and Special Interest and Additional Amounts, if any, remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, interest and such further amount other amounts as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 1 contract

Samples: Indenture (Sanitec International Sa)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.01(i) or (bii) 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 for the whole amount of principal ofof and premium, premium interest and Liquidated DamagesSpecial Interest, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: All American Communications Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, interest and such further amount as shall be sufficient to cover the costs and expenses of collection, including the 62 72 reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 1 contract

Samples: Decisionone Corp /De

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.1(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Senior Discount Notes and interest on overdue principal and, to the extent lawful, interest and such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, fees, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 1 contract

Samples: Avalon Cable Holdings Finance Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) occurs and is continuing, the Trustee is authorized to recover judgment in its own name and as trustee Trustee of an express trust against the Company for the whole amount of principal of, premium premium, interest and Liquidated Damages, if any, and interest on the remaining unpaid on the such Notes and interest on overdue principal and, to the extent lawful, 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: Management Agreement (Dutchess County Cellular Telephone Co Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(aclause (1) or (b2) of Section 6.01 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 any other obligor on the Securities for the whole amount of the principal ofamount, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal andtogether with, to the extent that payment of such interest is lawful, interest on overdue principal, at the rate PER ANNUM specified 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 1 contract

Samples: Indenture (BMCA Quakertown Inc.)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.1(a)(i) or (bSection 6.1(a)(ii) 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 for the whole amount of principal ofprincipal, premium and Liquidated Damagespremium, if any, and interest interest, including Special Interest, if any, remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Rent Way Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.1(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 (Foamex Capital Corp)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated DamagesSpecial Interest, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 counselcounsel due to Trustee under Section 7.07 hereof.

Appears in 1 contract

Samples: Carters Imagination Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Petco Animal Supplies Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a7.01(a) or (b) 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 for the whole amount of principal of, premium premium, if any, interest and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Dollar Financial (Check Mart of New Mexico Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 agent and counselcounsel and all other amounts due to the Trustee pursuant to Section 7.07 hereof.

Appears in 1 contract

Samples: National Crane Corp

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a) or (b) 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 for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, interest and such further amount as shall be sufficient to cover the costs and expenses of collection, 171 including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 1 contract

Samples: Senior Subordinated Note Purchase Agreement (Transtechnology Corp)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a), (b) or (bc) 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 for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Windmere Durable Holdings Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.1(i) or (bii) 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 Holdings for the whole amount of principal of, premium and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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: Ap Holdings Inc

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.1(1) or (b2) 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 any Subsidiary Guarantor for the whole amount of principal of, premium and Liquidated Damagespremium, if any, and interest remaining unpaid on the Notes Securities and interest on overdue principal and, to the extent lawful, 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 (Continental Resources Inc)

Collection Suit by Trustee. If an Event of Default specified in Section 6.01(a6.1(a) or (b) 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 for the whole amount of principal of, premium premium, if any, and interest and Liquidated Damages, if any, and interest remaining unpaid on the Notes and interest on overdue principal and, to the extent lawful, 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 (Houston Exploration Co)

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