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Common use of Trustee May Bring Suit Clause in Contracts

Trustee May Bring Suit. If there shall be a failure to make payment of the principal of any Security at its Stated Maturity or upon Sinking Fund redemption, declaration of accelera tion or otherwise,or if there shall be a failure to pay the premium, if any, or interest on any Security when the same becomes due and payable, then the Trustee, if any such failure shall continue for 15 days, in its own name, and as trustee of an express trust, shall be entitled, and empowered subject to the proviso to the first paragraph of Section 8.02, to institute any suits, actions or proceedings at law, in equity or otherwise, for the collection of the sums so due and unpaid on the Securities, 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 moneys adjudged or decreed to be payable in any manner provided by law, 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 rights or the rights of the Security 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 or for the foreclosure of the lien hereof.

Appears in 4 contracts

Samples: Collateral Trust Indenture (Louisiana Power & Light Co /La/), Refunding Agreement (Entergy Louisiana Inc), Refunding Agreement (Entergy Louisiana Inc)

Trustee May Bring Suit. If there shall be a failure to make payment of the principal of any Security Bond at its Stated Maturity Maturity, or upon of any Sinking Fund redemptionpayment when due and payable by the terms hereof or of such Bond, declaration of accelera tion or otherwise,or if there shall be a failure to pay the premium, if any, on any Bond when the same becomes due and payable, or interest on any Security when Bond for a period of 15 days after the same becomes due and payable, then the Trustee, if any such failure shall continue for 15 days, in its own name, and as trustee of an express trust, shall be entitled, entitled and empowered subject to the proviso to the first paragraph of Section 8.02, to institute any suits, actions or proceedings at law, in equity or otherwise, for the collection of the sums so due and unpaid on the SecuritiesBonds, 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 moneys adjudged or decreed to be payable in any manner provided by law, whether before or after or during the pendency of any proceedings for the enforcement of the Lien lien of this Indenture, or of any of the Trustee's rights or the rights of the Security 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 Indenture or for the foreclosure of the lien hereof.

Appears in 1 contract

Samples: Collateral Trust Indenture (Oglethorpe Power Corp)

Trustee May Bring Suit. If there shall be a failure to make payment exist an Event of the principal of any Security at its Stated Maturity or upon Sinking Fund redemption, declaration of accelera tion or otherwise,or if there shall be a failure to pay the premium, if any, or interest on any Security when the same becomes due and payableDefault, then the Trustee, if after receiving any such failure shall continue indemnification satisfactory to it for 15 daysits costs pursuant to Sections 10.3(e) and 10.7, in its own name, and as trustee of an express trust, shall be entitled, and empowered subject to the proviso to the first paragraph provisions of Section 8.02Sections 2.14 and 9.2, 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 the SecuritiesBonds, 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 moneys funds adjudged or decreed to be payable in any manner provided by law, 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 rights or the rights of the Security 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 Indenture or for the foreclosure of the lien Lien hereof.

Appears in 1 contract

Samples: Trust Indenture (Aes Red Oak LLC)