Common use of Pass Through Trustee May Bring Suit Clause in Contracts

Pass Through Trustee May Bring Suit. If there shall be a failure to make payment of the principal of, Make-Whole Amount, if any, or interest on any Equipment Note or ETC, or if there shall be any failure to pay Rent (as defined in the Lease) under the Lease when due and payable, then the Pass Through Trustee, in its own name, and as trustee of an express trust, as holder of such Equipment Notes or ETC, shall be, to the extent permitted by and in accordance with the terms of the Note Documents or ETC Documents, 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 or ETCs or under the Lease 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.

Pass Through Trustee May Bring Suit. If there shall be a failure to make payment of the principal of, Make-Whole Amount, if any, or interest on any Equipment Note [or ETC], or if there shall be any failure to pay Rent (as defined in the Lease) under the Lease when due and payable, then the Pass Through Trustee, in its own name, and as trustee of an express trust, as holder of such Equipment Notes [or ETC], shall be, to the extent permitted by and in accordance with the terms of the Note Documents [or ETC Documents], 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 [or ETCs ETCs] or under the Lease 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.

Pass Through Trustee May Bring Suit. If there shall be a failure to make payment of the principal of, Make-Whole Amount, if any, or interest on any Equipment Note or ETCNote, or if there shall be any failure to pay Rent (as defined in the Lease) under the Lease when due and payable, then the Pass Through Trustee, in its own name, and as trustee of an express trust, as holder of such Equipment Notes or ETCNotes, shall be, to the extent permitted by and in accordance with the terms of the Note Documents or ETC Documents, 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 or ETCs or under the Lease 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.