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

Trustee May Enforce Claims Without Possession of Debentures. All rights of action and claims under this Indenture or under any of the terms established with respect to the Debentures may be prosecuted and enforced by the Trustee without the possession of any of the Debentures 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 compensation, expenses, disbursements and advances of the Trustee, its agents and counsel due under Section 8.6, be for the ratable benefit of the Holders of the Debentures in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Indenture (Wabash National Corp /De), Indenture (Insignia Financing I), Exchange Agreement (Insignia Financial Group Inc /De/)

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Trustee May Enforce Claims Without Possession of Debentures. All rights of action and claims under this Indenture or under any of the terms established with respect to the Debentures of any series may be prosecuted and enforced by the Trustee without the possession of any of the Debentures of such series 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 compensation, expenses, disbursements and advances of the Trustee, its agents and counsel due under Section 8.65.6, be for the ratable benefit of the Holders of the Debentures of such series in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (K N Capital Trust Iii), Indenture (K N Capital Trust Ii /De/)

Trustee May Enforce Claims Without Possession of Debentures. All rights of action and claims under this Indenture or under any of the terms established with respect to the Debentures of any series may be prosecuted and enforced by the Trustee without the possession of any of the Debentures of such series 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 compensation, expenses, disbursements and advances of the Trustee, its agents and counsel due under Section 8.65.06, be for the ratable benefit of the Holders of the Debentures of such series in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Lodgian Inc), Indenture (Federal Mogul Corp)

Trustee May Enforce Claims Without Possession of Debentures. All rights of action and claims under this Indenture or under any of the terms established with respect to the Debentures may be prosecuted and enforced by the Trustee without the possession of any of the Debentures 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 compensation, expenses, disbursements and advances of the Trustee, its agents and counsel due under Section 8.6, be 38 44 for the ratable benefit of the Holders of the Debentures in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Qualicomm Financial Trust I)

Trustee May Enforce Claims Without Possession of Debentures. All rights of action and claims under this Indenture or under any of the terms established with respect to the Debentures may be prosecuted and enforced by the Trustee without the possession of any of the Debentures 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 trusttrust in favor of the Holders, and any recovery of judgment shall, after provision for of the payment of the reasonable compensationcompensation to, and reasonable expenses, disbursements and advances of the Trustee, its agents and counsel due under Section 8.6counsel, be for the ratable benefit of the Holders of the Debentures in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Mercury Air Group Inc)

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Trustee May Enforce Claims Without Possession of Debentures. All rights of action and claims under this Indenture or under any of the terms established with respect to the Debentures may be prosecuted and enforced by the Trustee without the possession of any of the Debentures 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 compensation, expenses, disbursements and advances of the Trustee, its agents and counsel due under Section 8.6counsel, be for the ratable benefit of the Holders of the Debentures in respect of which such judgment has been recoveredDebentures.

Appears in 1 contract

Samples: Indenture (Nordstrom Inc)

Trustee May Enforce Claims Without Possession of Debentures. All rights of action and claims under this Indenture or under any of the terms established with respect to the Debentures may be prosecuted and enforced by the Trustee without the possession of any of the Debentures 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, subject to Article Eleven and after provision for the payment of all the reasonable compensation, expenses, disbursements amounts owing the Trustee and advances of the Trusteeany predecessor Trustee under Section 607, its agents and counsel due under Section 8.6counsel, be for the ratable benefit of the Holders of the Debentures in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Vib Corp)

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