Common use of Judicial Proceedings Instituted by Trustee; Trustee May Bring Suit Clause in Contracts

Judicial Proceedings Instituted by Trustee; Trustee May Bring Suit. If there shall be a failure to make payment of the principal of, premium, if any, or interest on any Equipment Note, then the Trustee, in its own name and as trustee of an express trust, as holder of such Equipment Notes, to the extent permitted by and in accordance with the terms of the Intercreditor Agreement and the Financing Documents, shall be entitled and empowered to institute any suits, actions or proceedings at law, in equity or otherwise, for the collection of the sums so due and unpaid on such Equipment Notes and may prosecute any such claim or proceeding to judgment or final decree with respect to the whole amount of any such sums so due and unpaid.

Appears in 5 contracts

Samples: Through Trust Agreement (Jetblue Airways Corp), Assignment and Assumption Agreement (Jetblue Airways Corp), Pass Through Trust Agreement (Jetblue Airways Corp)

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Judicial Proceedings Instituted by Trustee; Trustee May Bring Suit. If there shall be a failure to make payment of the principal of, premium, if any, or interest on any Equipment NoteNote held in the related Trust when due and payable, then the Trustee, in its own name and as trustee of an express trust, as holder of such Equipment Notes, to the extent permitted by and in accordance with the terms of the any related Intercreditor Agreement and the Financing any related Note Documents, shall be entitled and empowered to institute any suits, actions or proceedings at law, in equity or otherwise, for the collection of the sums so due and unpaid on such Equipment Notes and may prosecute any such claim or proceeding to judgment or final decree with respect to the whole amount of any such sums so due and unpaid.

Appears in 2 contracts

Samples: Pass Through Trust Agreement (Ual Corp /De/), Through Trust Agreement (United Air Lines Inc)

Judicial Proceedings Instituted by Trustee; Trustee May Bring Suit. If there shall be a failure to make payment of the principal of, premium, if any, or interest on any the Equipment Note, then the Trustee, in its own name and as trustee of an express trust, as holder of such Equipment NotesNote, to the extent permitted by and in accordance with the terms of the Intercreditor Agreement and the Financing Documents, shall be entitled and empowered to institute any suits, actions or proceedings at law, in equity or otherwise, for the collection of the sums so due and unpaid on such Equipment Notes Note and may prosecute any such claim or proceeding to judgment or final decree with respect to the whole amount of any such sums so due and unpaid.

Appears in 2 contracts

Samples: Trust Agreement (Jetblue Airways Corp), Trust Agreement (Jetblue Airways Corp)

Judicial Proceedings Instituted by Trustee; Trustee May Bring Suit. If there shall be a failure to make payment of the principal of, premiumAdditional Payments, if any, or interest on any Equipment Note, then the Trustee, in its own name and as trustee of an express trust, as holder of such Equipment Notes, Notes to the extent permitted by and in accordance with the terms of the Intercreditor Agreement and the Financing Documents, shall be entitled and empowered to institute any suits, actions or proceedings at law, in equity or otherwise, for the collection of the sums so due and unpaid on such Equipment Notes and may prosecute any such claim or proceeding to judgment or final decree with respect to the whole amount of any such sums so due and unpaid.

Appears in 2 contracts

Samples: Through Trust Agreement (United Air Lines Inc), Through Trust Agreement (United Air Lines Inc)

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Judicial Proceedings Instituted by Trustee; Trustee May Bring Suit. If there shall be a failure to make payment of the principal of, premium, if any, or interest on any Equipment NoteSecured Note held in a Trust when due and payable, then the Trustee, in its own name name, and as trustee of an express trust, as holder of such Equipment Secured Notes, shall be, to the extent permitted by and in accordance with the terms of the Intercreditor Agreement and the Financing applicable Note Documents, shall be entitled and empowered to institute any suits, actions or proceedings at law, in equity or otherwise, for the collection of the sums so due and unpaid on such Equipment Secured Notes and may prosecute any such claim or proceeding to judgment or final decree with respect to the whole amount of any such sums so due and unpaid.

Appears in 1 contract

Samples: Trust Agreement (Fort James Corp)

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