Common use of Judicial Proceedings Instituted by Trustee Clause in Contracts

Judicial Proceedings Instituted by Trustee. (a) Collection of Indebtedness; Trustee Entitled to Bring Suit. Subject to Section 13.12 (Limitation of Liability), if an Enforcement Event shall have occurred and be continuing, then the Trustee, in its own name and as trustee of an express trust, subject to Section 8.3 (Remedies Upon an Enforcement Event) and Section 9.1 (Acts of Holders), shall be entitled and empowered to institute any suits, actions or other proceedings at law and in equity or otherwise for the collection of the sums due and unpaid in respect of the Notes, and may prosecute such claim or proceeding to judgment or final decree, and may enforce any such judgment or final decree and collect the monies adjudged or decreed to be payable in any manner provided by Applicable Law, whether before or after or during the pendency of any proceedings for the enforcement of any of the Trustee’s rights or the rights of the Holders under this Indenture, and such power of the Trustee shall not be affected by any sale hereunder or by the exercise of any other right, power or remedy for the enforcement of the provisions of this Indenture.

Judicial Proceedings Instituted by Trustee. (a) Collection of Indebtedness; Trustee Entitled to May Bring Suit. Subject to the terms of the Intercreditor Agreement and Section 13.12 (Limitation of Liability)6.2 hereof, if an Enforcement Event of Default shall have occurred and be continuing, then the Trustee, in its own name name, and as trustee of an express trust, subject to the provisions of Section 8.3 (Remedies Upon an Enforcement Event) and Section 9.1 (Acts of Holders)6.2 hereof, shall be entitled and empowered to institute any suits, actions or other proceedings at law and Law, in equity or otherwise otherwise, for the collection of the sums so due and unpaid in respect of on the NotesBonds, and may prosecute any such claim or proceeding to judgment or final decree, and and, subject to the Intercreditor Agreement with respect to the Collateral, may enforce any such judgment or final decree and collect the monies moneys adjudged or decreed to be payable in any manner provided by Applicable Law, whether before or before, after or during the pendency of any proceedings for the enforcement of any of the Trustee’s 's rights or the rights of the Holders under this Indenture, and such power of the Trustee shall not be affected by any sale hereunder or by the exercise of any other right, power or remedy for the enforcement of the provisions of this Indenture.

Judicial Proceedings Instituted by Trustee. (a) Collection of Indebtedness; Trustee Entitled to May Bring Suit. Subject to Section 13.12 (Limitation If there shall exist an Event of Liability), if an Enforcement Event shall have occurred and be continuingDefault, then the Trustee, after receiving any indemnification or assurance of indemnification for its costs pursuant to Sections 10.3(e) and 10.7, in its own name name, and as trustee of an express trust, subject to Section 8.3 (Remedies Upon an Enforcement Event) the provisions of Sections 2.14 and Section 9.1 (Acts of Holders)9.2, shall be entitled and empowered to institute any suits, actions or other proceedings at law and law, in equity or otherwise otherwise, for the collection of the sums so due and unpaid in respect of on the NotesBonds, and may prosecute any such claim or proceeding to judgment or final decree, and may enforce any such judgment or final decree and collect the monies funds adjudged or decreed to be payable in any manner provided by Applicable Lawlaw, whether before or after or during the pendency of any proceedings for the enforcement of the Lien of this Indenture, or of any of the Trustee’s 's rights or the rights of the Holders Bondholders under this Indenture, and such power of the Trustee shall not be affected by any sale hereunder or by the exercise of any other right, power or remedy for the enforcement of the provisions of this IndentureIndenture or for the foreclosure of the Lien hereof.