Enforcement by Trustee. The Seller hereby acknowledges and agrees that the following covenants and agreements of the Seller shall be enforceable by the Trustee at all times until the Trust is terminated.
Enforcement by Trustee. (a) If there shall be pending proceedings for the bankruptcy or for the reorganization of the Company or any other obligor on the Notes under the Bankruptcy Code or any other applicable law, or in case a receiver or trustee shall have been appointed for the property of the Company or such other obligor, or in the case of any similar judicial proceedings relative to the Company or other obligor on the Notes, or to the creditors or property of the Company or such other obligor, the Trustee, irrespective of whether the principal of the Notes shall then be due and payable as therein expressed or by declaration or otherwise, shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount of principal and any premium and interest owing and unpaid in respect of the Notes, and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including, prior to the Substitution Date, any claims of the Trustee as holder of Pledged First Mortgage Bonds or, if applicable, on and after the Substitution Date, any claims of the Trustee as holder of Pledged Substituted Mortgage Bonds, and including any amounts due to the Trustee under Section 9.06 hereof) and of the Holders of Notes allowed in such judicial proceedings relative to the Company or any other obligor on the Notes, its or their creditors, or its or their property, and to collect and receive any moneys or other property payable or deliverable on any such claims, and to distribute the same after the deduction of its charges and expenses.
Enforcement by Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee, including, without limitation, its right to be indemnified, are extended to, and shall be enforceable by, the Trustee in each of its capacities hereunder, and each agent, custodian and other Person employed to act hereunder; and
Enforcement by Trustee. 32 SECTION 9.3 APPLICATION OF MONEYS COLLECTED BY TRUSTEE...........................................33 SECTION 9.4 PROCEEDINGS BY NOTEHOLDERS...........................................................34 SECTION 9.5
Enforcement by Trustee. Should the Guarantor default in respect of any of its obligations under this Guarantee, including any covenants the Trustee will have the right to enforce the terms of the Guarantee for the benefit of the Holders. The Holders of not less than a majority in total principal amount of the outstanding Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee regarding the Guarantor's obligations under the Guarantee or to direct the exercise of any trust or power conferred upon the Trustee under this Guarantee. If the Trustee fails to enforce the Guarantee, then any holder of Securities may institute a legal proceeding directly against the Guarantor to enforce the relevant trustee's rights under the guarantee, without first instituting a legal proceeding against the Company, the Trustee or any other person or entity.
Enforcement by Trustee. 59 Section 7.8 No Bankruptcy Petition..................................... 61
Enforcement by Trustee. Guarantor agrees and acknowledges and the Holders and Obligor by acceptance of this Guaranty and the benefits conferred hereby, agree that XX Xxxxxx Trust Company, National Association, as Trustee under the CVR Agreement, or any successor Trustee appointed pursuant to the CVR Agreement, shall act on behalf of the Holders with respect to this Guaranty in accordance with and subject to the applicable provisions of the CVR Agreement. Any demand for performance hereunder shall be made in writing, delivered to the Guarantor by the Trustee.
Enforcement by Trustee a. Upon the happening of an Event of Default, the Trustee may, in its discretion, or upon the written request of the owners of at least 50% in aggregate principal amount of the Debentures then outstanding, and upon being indemnified to the satisfaction of the Trustee, shall, take such appropriate action by judicial proceedings or otherwise to cure the Event of Default and/or to require the Issuer to carry out its or their covenants and obligations under and with respect to the Debentures, the Stock Pledge Agreement, or this Indenture, including without limitation, the use and filing of actions for specific performance, and mandamus proceedings, in any court of competent jurisdiction, against the Issuer, its Board of Directors, and its officers, employees, and/or agents, and to obtain judgments against the Issuer for any other amounts due hereunder, including all amounts due with respect to the Debentures then outstanding if declared due and payable as provided herein.
Enforcement by Trustee. (a) The Company covenants that (1) in case it shall default in the payment of any installment of interest on any of the Debentures, and such default shall have continued for a period of 30 days; or (2) in case it shall default in the payment of the principal of any of the Debentures when the same shall have become due and payable, whether upon maturity of the Debentures or upon redemption or upon declaration or otherwise, then, upon demand of the Trustee, the Company shall pay to the Trustee, for the benefit of the holders of the Debentures, the whole amount that then shall have become due and payable on all such Debentures for principal or interest, or both, as the case may be, with interest upon the overdue principal and (to the extent that payment of such interest is enforceable under applicable law and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid to the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 9.7.
Enforcement by Trustee. 34 Section 5.4 TRUSTEE MAY FILE PROOFS OF CLAIM......................................35 Section 5.5 TRUSTEE MAY ENFORCE CLAIMS WITHOUT POSSESSION OF SECURITIES OR COUPONS.................................................35 Section 5.6 APPLICATION OF MONEY COLLECTED........................................36 Section 5.7 LIMITATION ON SUITS...................................................36 Section 5.8 UNCONDITIONAL RIGHTS OF HOLDERS TO RECEIVE PRINCIPAL, PREMIUM, IF ANY, INTEREST AND ADDITIONAL AMOUNTS......................37 Section 5.9
