Common use of Trustee May Enforce Claims Without Possession of Bonds Clause in Contracts

Trustee May Enforce Claims Without Possession of Bonds. All rights of action and claims under this Indenture or any of the Bonds may be prosecuted and enforced by the Trustee without the possession of any of the Bonds or the production thereof in any Proceeding relating thereto. Any such Proceedings instituted by the Trustee (and also any Proceedings involving the interpretation of any provision of this Indenture to which the Trustee shall be a party) shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be for the ratable benefit of the Holders of the Bonds in respect of which such judgment has been recovered and, in accordance with Section 6.07, for the payment of the compensation and reasonable expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 3 contracts

Samples: Indenture (National Collegiate Trust 1996-S2), Custodial Agreement (National Collegiate Trust 1996-S2), Custodial Agreement (National Collegiate Trust 1996-S2)

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Trustee May Enforce Claims Without Possession of Bonds. All rights of action and claims under this Indenture or any of the Bonds may be prosecuted and enforced by the Trustee without the possession of any of the Bonds or the production thereof in any Proceeding proceeding relating thereto. Any , and any such Proceedings proceeding instituted by the Trustee (and also any Proceedings involving the interpretation of any provision of this Indenture to which the Trustee shall be a party) shall be brought in its own name name, as trustee of an express trust, and any recovery of judgment shall shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Bonds in respect of which such judgment has been recovered and, in accordance with Section 6.07, for the payment of the compensation and reasonable expenses, disbursements and advances of the Trustee, its agents and counselrecovered.

Appears in 1 contract

Samples: Polyphase Corp

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