Default and Enforcement. (a) If any Guarantor fails to pay in accordance with Section 11.01, the Trustee may proceed in its name as trustee hereunder in the enforcement of such Guarantee and such Guarantor’s obligations thereunder and hereunder by any remedy provided by law, whether by legal proceedings or otherwise, and to recover from any Guarantor the obligations of such Guarantor with respect to its Guarantee. (b) No Holder shall have the right to institute any suit, action or proceeding against any Guarantor for any default hereunder except in the manner and subject to the conditions set forth in Article Six, it being understood and intended that no one or more Holders shall have any right in any manner whatsoever to enforce any right hereunder by his or their action except as aforesaid and that all powers and trusts hereunder shall be exercised and all proceedings at law or in equity shall be instituted, had and maintained by the Trustee, only as aforesaid and in any event for the benefit of all Holders as provided in this Indenture.
Appears in 3 contracts
Samples: Indenture (Manitowoc Co Inc), Indenture (Manitowoc Foodservice, Inc.), Indenture (Manitowoc Co Inc)
Default and Enforcement. (a) If any Guarantor fails to pay in accordance with Section 11.01, the Trustee may proceed in its name as trustee hereunder in the enforcement of such Guarantee and such Guarantor’s obligations thereunder and hereunder by any remedy provided by law, whether by legal proceedings or otherwise, and to recover from any Guarantor the obligations of such Guarantor with respect to its Guarantee.
(b) No Holder shall have the right to institute any suit, action or proceeding against any Guarantor for any default hereunder except in the manner and subject to the conditions set forth in Article Six, it being understood and intended that no one or more Holders shall have any right in any manner whatsoever to enforce any right hereunder by his or their action except as aforesaid and that all powers and trusts hereunder shall be exercised and all proceedings at law or in equity shall be instituted, had and maintained by the Trustee, only as aforesaid and in any event for the benefit of all Holders as provided in this Supplemental Indenture.
Appears in 3 contracts
Samples: Fourth Supplemental Indenture (Manitowoc Co Inc), Second Supplemental Indenture (Manitowoc Co Inc), First Supplemental Indenture (Manitowoc Co Inc)
Default and Enforcement. (a) If any Guarantor fails to pay in accordance with Section 11.0111.01 hereof, the Trustee may proceed in its name as trustee hereunder in the enforcement of such Guarantee and such Guarantor’s 's obligations thereunder and hereunder by any remedy provided by law, whether by legal proceedings or otherwise, and to recover from any Guarantor the obligations of such Guarantor with respect to its Guarantee.
(b) No Holder shall have the right to institute any suit, action or proceeding against any Guarantor for any default hereunder except in the manner and subject to the conditions set forth in Article Six, it being understood and intended that no one or more Holders shall have any right in any manner whatsoever to enforce any right hereunder by his or their action except as aforesaid and that all powers and trusts hereunder shall be exercised and all proceedings at law or in equity shall be instituted, had and maintained by the Trustee, only as aforesaid and in any event for the benefit of all Holders as provided in this Indenture.
Appears in 1 contract
Samples: Indenture (Manitowoc Co Inc)
Default and Enforcement. (a) If any Guarantor fails to pay in accordance with Section 11.01, subject to the terms of the Intercreditor Agreement, the Trustee may proceed in its name as trustee hereunder in the enforcement of such Guarantee and such Guarantor’s obligations thereunder and hereunder by any remedy provided by law, whether by legal proceedings or otherwise, and to recover from any Guarantor the obligations of such Guarantor with respect to its Guarantee.
(b) No Holder shall have the right to institute any suit, action or proceeding against any Guarantor for any default hereunder except in the manner and subject to the conditions set forth in Article Six, it being understood and intended that no one or more Holders shall have any right in any manner whatsoever to enforce any right hereunder by his or their action except as aforesaid and that all powers and trusts hereunder shall be exercised and all proceedings at law or in equity shall be instituted, had and maintained by the Trustee, only as aforesaid and in any event for the benefit of all Holders as provided in this Indenture.
Appears in 1 contract
Samples: Indenture (Manitowoc Co Inc)
Default and Enforcement. (a) If any the Subsidiary ----------------------- Guarantor fails to pay in accordance with Section 11.0112.07 hereof, the Trustee may proceed in its name as trustee hereunder in the enforcement of such Guarantee the Subsidiary Guaranty and such the Guarantor’s obligations 's Obligations thereunder and hereunder by any remedy provided by law, whether by legal proceedings or otherwise, and to recover from any the Subsidiary Guarantor the obligations of such Guarantor with respect to its GuaranteeGuarantied Obligations.
(b) No Holder shall have the right to institute any suit, action or proceeding against any the Subsidiary Guarantor for any default hereunder except in the manner and subject to the conditions set forth in Article SixSix of this Indenture, it being understood and intended that no one or more Holders shall have any right in any manner whatsoever to enforce any right hereunder by his or their action except as aforesaid and that all powers and trusts hereunder shall be exercised and all proceedings at law or in equity shall be instituted, had and maintained by the Trustee, only as aforesaid and in any event for the benefit of all Holders as provided in this Indenture.
Appears in 1 contract
Samples: Indenture (Comple Tel Europe Nv)
Default and Enforcement. (a) If any the Subsidiary Guarantor fails to pay in accordance with Section 11.0110.05 hereof, the Trustee may proceed in its name as trustee hereunder in the enforcement of such Guarantee the Escrow Guaranty and such the Guarantor’s obligations 's Obligations thereunder and hereunder by any remedy provided by law, whether by legal proceedings or otherwise, and to recover from any the Escrow Guarantor the obligations of such Guarantor with respect to its GuaranteeGuaranteed Obligations.
(b) No Holder shall have the right to institute any suit, action or proceeding against any the Escrow Guarantor for any default hereunder except in the manner and subject to the conditions set forth in Article SixSix of this Indenture, it being understood and intended that no one or more Holders shall have any right in any manner whatsoever to enforce any right hereunder by his or their action except as aforesaid and that all powers and trusts hereunder shall be exercised and all proceedings at law or in equity shall be instituted, had and maintained by the Trustee, only as aforesaid and in any event for the benefit of all Holders as provided in this Indenture.. ARTICLE ELEVEN
Appears in 1 contract
Samples: Indenture (Comple Tel LLC)
Default and Enforcement. (a) If any Guarantor ----------------------- fails to pay in accordance with Section 11.0111.01 hereof, the Trustee may proceed in its name as trustee hereunder in the enforcement of such Guarantee and such Guarantor’s 's obligations thereunder and hereunder by any remedy provided by law, whether by legal proceedings or otherwise, and to recover from any Guarantor the obligations of such Guarantor with respect to its Guarantee.
(b) No Holder shall have the right to institute any suit, action or proceeding against any Guarantor for any default hereunder except in the manner and subject to the conditions set forth in Article SixSix of this Indenture, it being understood and intended that no one or more Holders shall have any right in any manner whatsoever to enforce any right hereunder by his or their action except as aforesaid and that all powers and trusts hereunder shall be exercised and all proceedings at law or in equity shall be instituted, had and maintained by the Trustee, only as aforesaid and in any event for the benefit of all Holders as provided in this Indenture.
Appears in 1 contract
Samples: Indenture (Manitowoc Co Inc)
Default and Enforcement. (a) If any Guarantor fails to ----------------------- pay in accordance with Section 11.0111.01 hereof, the Trustee may proceed in its name as trustee hereunder in the enforcement of such Guarantee and such Guarantor’s 's obligations thereunder and hereunder by any remedy provided by law, whether by legal proceedings or otherwise, and to recover from any Guarantor the obligations of such Guarantor with respect to its Guarantee.
(b) No Holder shall have the right to institute any suit, action or proceeding against any Guarantor for any default hereunder except in the manner and subject to the conditions set forth in Article SixSix of this Indenture, it being understood and intended that no one or more Holders shall have any right in any manner whatsoever to enforce any right hereunder by his or their action except as aforesaid and that all powers and trusts hereunder shall be exercised and all proceedings at law or in equity shall be instituted, had and maintained by the Trustee, only as aforesaid and in any event for the benefit of all Holders as provided in this Indenture.
Appears in 1 contract
Samples: Indenture (Sola International Inc)