Common use of Indenture Trustee May Enforce Claims Without Possession of Notes Clause in Contracts

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders of the Notes of such Series or Class in respect of which such judgment has been recovered.

Appears in 18 contracts

Samples: Indenture (PennyMac Mortgage Investment Trust), Indenture (loanDepot, Inc.), Indenture (New Residential Investment Corp.)

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Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series Series, Class or Class Tranche may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series Series, Class or Class Tranche or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series the Series, Class or Class Tranche in respect of which such judgment has been recovered.

Appears in 11 contracts

Samples: Indenture Agreement, Indenture (American Express Receivables Financing Corp VIII LLC), Second Amended and Restated Indenture (American Express Receivables Financing Corp VIII LLC)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or any of the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will Trustee in accordance with the terms hereof shall be brought in its own name as trustee of an express trust, and any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series or Class in respect of which such judgment has been recovered.

Appears in 9 contracts

Samples: Omnibus Instrument (Protective Life Insurance Co), Omnibus Instrument (Protective Life Insurance Co), Omnibus Instrument (Protective Life Secured Trust 2003-1)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series series or Class class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series series or Class class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents agent and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series the series or Class class in respect of which such judgment has been recovered.

Appears in 8 contracts

Samples: Indenture (Navistar Financial Dealer Note Master Trust), Indenture (Navistar Financial Dealer Note Master Trust), Indenture (Daimlerchrysler Master Owner Trust)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series or Class in respect of which such judgment has been recovered.

Appears in 4 contracts

Samples: Indenture (Home Loan Servicing Solutions, Ltd.), Indenture (Home Loan Servicing Solutions, Ltd.), Indenture (Home Loan Servicing Solutions, Ltd.)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series series, class or Class tranche may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series series, class or Class tranche or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents agent and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series the series, class or Class tranche in respect of which such judgment has been recovered.

Appears in 4 contracts

Samples: Indenture (BA Master Credit Card Trust II), Indenture (BA Master Credit Card Trust II), Indenture (BA Credit Card Trust)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such the Series or Class in respect of which such judgment has been recovered.

Appears in 4 contracts

Samples: Indenture (New Residential Investment Corp.), Indenture (Home Loan Servicing Solutions, Ltd.), Indenture (New Residential Investment Corp.)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series Series, Class or Class Tranche may be prosecuted and enforced by the Indenture Trustee, without the possession of any of the Notes of such Series Series, Class or Class Tranche or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series the Series, Class or Class Tranche in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Indenture (Capital One Master Trust), Indenture (Capital One Master Trust), Indenture

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such the Series or Class in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Indenture (Barclays Dryrock Issuance Trust), Indenture (Dryrock Issuance Trust), Indenture (Dryrock Issuance Trust)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture Indenture, the Sale and Servicing Agreement or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will Trustee shall be brought in its own name or in its capacity as trustee of an express trust, and any Indenture Trustee. Any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents and counsel, be for the ratable benefit of the Noteholders of the Notes of such Series or Class in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Indenture (Superior Bank FSB Afc Mortgage Ln Asset Bk Notes Ser 1999-3), Indenture (Superior Bank FSB Afc Mort Ln Asset Backed Notes Ser 2000 2), Indenture (Afc Mortgage Loan Asset Backed Notes Series 2000-1)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Notes of any Series or Class series may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the such Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will Trustee in accordance with the terms hereof shall be brought in its own name as trustee of an express trust, and any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series or Class series in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Indenture (Governor & Co of the Bank of Ireland), Indenture (Governor & Co of the Bank of Ireland), Indenture (Hartford Life Insurance Co)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this the Indenture or any of the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will Trustee in accordance with the terms of the Indenture shall be brought in its own name as trustee of an express trust, and any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series or Class in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Omnibus Instrument (Principal Life Insurance Co), Omnibus Instrument (Principal Life Insurance Co), Omnibus Instrument (Principal Life Insurance Co)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will Trustee shall be brought in its own name name, as trustee of an express trust, and any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series or Class in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Saul B F Real Estate Investment Trust), Indenture (Saul B F Real Estate Investment Trust)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or and the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will Trustee shall be brought in its own name as trustee Indenture Trustee of an express trust, and any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents agent and counsel, be for the ratable benefit of the Noteholders of the Notes of such Series or Class in respect of which such judgment has been recoveredNoteholders.

Appears in 2 contracts

Samples: Indenture (Brasil Telecom Holding Co), Indenture (Brasil Telecom Sa)

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Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series series, class or Class tranche may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series series, class or Class tranche or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents agent and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series the series, class or Class tranche in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (National City Bank /), Indenture (National City Credit Card Master Trust)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series series or Class class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series series or Class class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents agent and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series the series or Class class in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Mellon Bank Premium Finance Loan Master Trust), Indenture (Mellon Premium Finance Loan Owner Trust)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series Series, Class or Class Tranche may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series Series, Class or Class Tranche or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents agent and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series the Series, Class or Class Tranche in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (WF Card Funding LLC), Indenture Agreement (WF Card Issuance Trust)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders of the Notes of such the Series or Class in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Home Loan Servicing Solutions, Ltd.), Indenture (Home Loan Servicing Solutions, Ltd.)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents agent and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such the Series or Class in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (CNH Wholesale Receivables Inc), Indenture (CNH Wholesale Receivables Inc)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action actions and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding Proceeding relating thereto, and any such proceeding Proceedings instituted by the Indenture Trustee, will Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series or and the Class in respect of which such judgment has been recoveredA Note Insurer.

Appears in 1 contract

Samples: Indenture (Andersons Inc)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, Trustee will be brought in its own name as trustee of an express trusttrustee, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series or Class in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Amendment to Indenture (Enova International, Inc.)

Indenture Trustee May Enforce Claims Without Possession of Notes. 120 All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders of the Notes of such the Series or Class in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Home Loan Servicing Solutions, Ltd.)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents agent and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such the Series or Class in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Navistar International Corp)

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