Remedies Vested in Trustee. All rights of action (including the right to file proof of claims) under the Indenture or under any of the Bonds may be enforced by the Trustee without the possession of any of the Bonds or the production thereof in any trial or other proceedings relating thereto and any such suit or proceedings instituted by the Trustee shall be brought in its name as Trustee without the necessity of joining as plaintiffs or defendants any Holders of the Bonds. Subject to the provisions of Section 907 hereof, any recovery of judgment shall be for the equal and ratable benefit of the Holders of the Outstanding Bonds in respect of which such proceedings shall be brought.
Appears in 2 contracts
Samples: Indenture of Trust (Burlington Coat Factory Warehouse Corp), Indenture of Trust (Burlington Coat Factory Warehouse Corp)
Remedies Vested in Trustee. All rights of action (action, including the right to file proof of claims) , under the Indenture or under any of the Bonds may be enforced by the Trustee without the possession of any of the Bonds or the production thereof in any trial or other proceedings relating thereto thereto, and any such suit or proceedings proceeding instituted by the Trustee shall be brought in its name as Trustee without the necessity of joining as plaintiffs or defendants any Holders holders of the Bonds. Subject to the provisions of Section 907 hereof, 609 hereof and any recovery of or judgment shall be for the equal and ratable benefit of the Holders holders of the Outstanding Bonds in respect of which such proceedings shall be broughtBonds.
Appears in 2 contracts
Samples: Trust Indenture (Plug Power Inc), Trust Indenture (Mechanical Technology Inc)
Remedies Vested in Trustee. All rights of action (action, including the right to file proof of claims) , under the this Indenture or under any of the Bonds may be enforced by the Trustee without the possession of any of the Bonds or the production thereof in any trial or other proceedings relating thereto thereto, and any such suit or proceedings proceeding instituted by the Trustee shall be brought in its name as Trustee without the necessity of joining as plaintiffs or defendants any Holders holders of the Bonds. Subject to the provisions of Section 907 609 hereof, any recovery of or judgment shall be for the equal and ratable benefit of the Holders holders of the Outstanding Bonds in respect of which such proceedings shall be broughtBonds.
Appears in 1 contract
Samples: Trust Indenture (Angiodynamics Inc)
Remedies Vested in Trustee. All rights of action (including the right to file proof of claims) under the this Indenture or under any of the Bonds may be enforced by the Trustee without the possession of any of the Bonds or the production thereof in any trial or other proceedings relating thereto thereto, and any such suit or proceedings proceeding instituted by the Trustee shall be brought in its name as Trustee without the necessity of joining as plaintiffs or defendants any Holders Bondholders of the Bonds. Subject , and any recovery of judgment shall, subject to the provisions of Section 907 7.5 hereof, any recovery of judgment shall be for the equal and ratable benefit of the Holders Bondholders of the Outstanding Bonds in respect outstanding Bonds. However, the Trustee may only act with the consent and direction of which such proceedings shall be broughtthe Requisite Bondholders.
Appears in 1 contract
Samples: Trust Indenture