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 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, and any such Proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable expenses, disbursements and advances of the Trustee, its agents and Counsel, be for the ratable benefit of the Holders of the Bonds in respect to which such judgment has been recovered. In any Proceedings brought by the Trustee (and also any Proceedings involving the interpretation of any provision of this Indenture to which the Trustee shall be a party) the Trustee shall be held to represent all the Holders of the Bonds parties to any such Proceedings.

Appears in 4 contracts

Samples: Indenture (Warren Resources Inc), Indenture (Warren Resources Inc), Indenture (Warren Resources Inc)

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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 relating thereto, and any . Any such Proceeding Proceedings instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable expenses, disbursements and advances of the Trustee, its agents and Counsel, be for the ratable benefit of the Holders of the Bonds in respect to which such judgment has been recovered. In any Proceedings brought by the Trustee (and also any Proceedings involving the interpretation of any provision of this Indenture to which the Trustee shall be a party) the Trustee shall be held to represent all 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 parties and to any Bond Insurer in respect of which such Proceedingsjudgment 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 1 contract

Samples: Indenture (National Collegiate Trust 1997-S2)

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