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

Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture, or under any of the Notes, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes in any Proceeding relative to any of the Notes, and any such Proceeding instituted by the Indenture Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the amounts owed to the Indenture Trustee under Section 6.7, will be for the benefit of the Secured Parties in respect of which such judgment has been recovered. (b) In any Proceeding brought by the Indenture Trustee (and any Proceeding involving the interpretation of this Indenture to which the Indenture Trustee is a party), the Indenture Trustee will be held to represent all the Noteholders, and it will not be necessary to make any Noteholder a party to any such Proceeding.

Appears in 39 contracts

Samples: Indenture (Ford Credit Auto Owner Trust 2014-A), Indenture (Ford Credit Auto Owner Trust 2014-A), Indenture (Ford Credit Auto Owner Trust 2013-D)

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Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture, or under any of the Notes, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes in any Proceeding relative to any of the Notes, and any such Proceeding instituted by the Indenture Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the amounts owed to the Indenture Trustee under Section 6.7, will be for the benefit of the Secured Parties in respect of which such the judgment has been recovered. (b) In any Proceeding brought by the Indenture Trustee (and any Proceeding involving the interpretation of this Indenture to which the Indenture Trustee is a party), the Indenture Trustee will be held to represent all the Noteholders, and it will not be necessary to make any Noteholder a party to any such Proceeding.

Appears in 8 contracts

Samples: Indenture (Ford Credit Auto Owner Trust 2015-B), Indenture (Ford Credit Auto Owner Trust 2015-B), Indenture (Ford Credit Auto Owner Trust 2015-A)

Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture, or under any of the Notes, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes in any Proceeding relative to any of the Notes, and any such Proceeding instituted by the Indenture Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the amounts owed to the Indenture Trustee under Section 6.78.7, will be for the benefit of the Secured Parties Noteholders in respect of which such judgment has been recovered. (b) In any Proceeding brought by the Indenture Trustee (and any Proceeding involving the interpretation of this Indenture to which the Indenture Trustee is a party), the Indenture Trustee will be held to represent all the Noteholders, and it will not be necessary to make any Noteholder a party to any such Proceeding.

Appears in 3 contracts

Samples: Indenture (Commercial Credit, Inc.), Indenture (Commercial Credit, Inc.), Indenture (Commercial Credit, Inc.)

Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture, or under any of the Notes, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes in any Proceeding relative to any of the Notes, and any such Proceeding instituted by the Indenture Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the amounts owed to the Indenture Trustee under Section 6.7, will be for the benefit of the 2011-A Secured Parties in respect of which such judgment has been recovered. (b) In any Proceeding brought by the Indenture Trustee (and any Proceeding involving the interpretation of this Indenture to which the Indenture Trustee is a party), the Indenture Trustee will be held to represent all the Noteholders, and it will not be necessary to make any Noteholder a party to any such Proceeding.

Appears in 2 contracts

Samples: Indenture (Ford Credit Auto Lease Trust 2011-A), Indenture (Ford Credit Auto Lease Trust 2011-A)

Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture, or under any of the Notes, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes in any Proceeding relative to any of the Notes, and any such Proceeding instituted by the Indenture Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the amounts owed to the Indenture Trustee under Section 6.7, will be for the benefit of the 2013-B Secured Parties in respect of which such judgment has been recovered. (b) In any Proceeding brought by the Indenture Trustee (and any Proceeding involving the interpretation of this Indenture to which the Indenture Trustee is a party), the Indenture Trustee will be held to represent all the Noteholders, and it will not be necessary to make any Noteholder a party to any such Proceeding.

Appears in 2 contracts

Samples: Indenture (Ford Credit Auto Lease Trust 2013-B), Indenture (Ford Credit Auto Lease Trust 2013-B)

Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture, or under any of the Notes, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes in any Proceeding relative to any of the Notes, and any such Proceeding instituted by the Indenture Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the amounts owed to the Indenture Trustee under Section 6.7, will be for the benefit of the 2013-A Secured Parties in respect of which such judgment has been recovered. (b) In any Proceeding brought by the Indenture Trustee (and any Proceeding involving the interpretation of this Indenture to which the Indenture Trustee is a party), the Indenture Trustee will be held to represent all the Noteholders, and it will not be necessary to make any Noteholder a party to any such Proceeding.

Appears in 2 contracts

Samples: Indenture (Ford Credit Auto Lease Trust 2013-A), Indenture (Ford Credit Auto Lease Trust 2013-A)

Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture, or under any of the Notes, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes in any Proceeding relative to any of the Notes, and any such Proceeding instituted by the Indenture Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the amounts owed to the Indenture Trustee under Section 6.7, will be for the benefit of the 2012-B Secured Parties in respect of which such judgment has been recovered. (b) In any Proceeding brought by the Indenture Trustee (and any Proceeding involving the interpretation of this Indenture to which the Indenture Trustee is a party), the Indenture Trustee will be held to represent all the Noteholders, and it will not be necessary to make any Noteholder a party to any such Proceeding.

Appears in 2 contracts

Samples: Indenture (Ford Credit Auto Lease Trust 2012-B), Indenture (Ford Credit Auto Lease Trust 2012-B)

Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture, or under any of the Notes, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes in any Proceeding relative to any of the Notes, and any such Proceeding instituted by the Indenture Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the amounts owed to the Indenture Trustee under Section 6.7, will be for the benefit of the 2011-B Secured Parties in respect of which such judgment has been recovered. (b) In any Proceeding brought by the Indenture Trustee (and any Proceeding involving the interpretation of this Indenture to which the Indenture Trustee is a party), the Indenture Trustee will be held to represent all the Noteholders, and it will not be necessary to make any Noteholder a party to any such Proceeding.

Appears in 2 contracts

Samples: Indenture (Ford Credit Auto Lease Trust 2011-B), Indenture (Ford Credit Auto Lease Trust 2011-B)

Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture, or under any of the Notes, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes in any Proceeding relative to any of the Notes, and any such Proceeding instituted by the Indenture Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the amounts owed to the Indenture Trustee under Section 6.7, will be for the benefit of the 2012-A Secured Parties in respect of which such judgment has been recovered. (b) In any Proceeding brought by the Indenture Trustee (and any Proceeding involving the interpretation of this Indenture to which the Indenture Trustee is a party), the Indenture Trustee will be held to represent all the Noteholders, and it will not be necessary to make any Noteholder a party to any such Proceeding.

Appears in 2 contracts

Samples: Indenture (Ford Credit Auto Lease Trust 2012-A), Indenture (Ford Credit Auto Lease Trust 2012-A)

Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture, or under any of the Notes, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes in any Proceeding relative to any of the Notes, and any such Proceeding instituted by the Indenture Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the amounts owed to the Indenture Trustee under Section 6.7, will be for the benefit of the 2014-A Secured Parties in respect of which such judgment has been recovered. (b) In any Proceeding brought by the Indenture Trustee (and any Proceeding involving the interpretation of this Indenture to which the Indenture Trustee is a party), the Indenture Trustee will be held to represent all the Noteholders, and it will not be necessary to make any Noteholder a party to any such Proceeding.

Appears in 2 contracts

Samples: Indenture (Ford Credit Auto Lease Trust 2014-A), Indenture (Ford Credit Auto Lease Trust 2014-A)

Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture, or under any of the Notes, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes in any Proceeding relative to any of the Notes, and any such Proceeding instituted by the Indenture Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the amounts owed to the Indenture Trustee under Section 6.7, will be for the benefit of the 2015-A Secured Parties in respect of which such the judgment has been recovered. (b) In any Proceeding brought by the Indenture Trustee (and any Proceeding involving the interpretation of this Indenture to which the Indenture Trustee is a party), the Indenture Trustee will be held to represent all the Noteholders, and it will not be necessary to make any Noteholder a party to any such Proceeding.

Appears in 2 contracts

Samples: Indenture (Ford Credit Auto Lease Trust 2015-A), Indenture (Ford Credit Auto Lease Trust 2015-A)

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Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture, or under any of the Notes, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes in any Proceeding relative to any of the Notes, and any such Proceeding instituted by the Indenture Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the amounts owed to the Indenture Trustee under Section 6.7, will be for the benefit of the 2014-B Secured Parties in respect of which such the judgment has been recovered. (b) In any Proceeding brought by the Indenture Trustee (and any Proceeding involving the interpretation of this Indenture to which the Indenture Trustee is a party), the Indenture Trustee will be held to represent all the Noteholders, and it will not be necessary to make any Noteholder a party to any such Proceeding.

Appears in 2 contracts

Samples: Indenture (Ford Credit Auto Lease Trust 2014-B), Indenture (Ford Credit Auto Lease Trust 2014-B)

Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture, any Indenture Supplement or under any of the Notes, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes in any Proceeding relative to any of the Notes, and any such Proceeding instituted by the Indenture Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the amounts owed to the Indenture Trustee under Section 6.7, will be for the benefit of the Secured Parties in respect of which such judgment has been recovered. (b) In any Proceeding brought by the Indenture Trustee (and any Proceeding involving the interpretation of this Indenture or any Indenture Supplement to which the Indenture Trustee is a party), the Indenture Trustee will be held to represent all the NoteholdersNoteholders of each affected Series, and it will not be necessary to make any Noteholder a party to any such Proceeding.

Appears in 2 contracts

Samples: Indenture (Ford Credit Floorplan LLC), Indenture (Ford Credit Floorplan Corp)

Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture, or under any of the Notes, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes in any Proceeding relative to any of the Notes, and any such Proceeding instituted by the Indenture Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the amounts owed to the Indenture Trustee under Section 6.7, will be for the benefit of the 2015-B Secured Parties in respect of which such the judgment has been recovered. (b) In any Proceeding brought by the Indenture Trustee (and any Proceeding involving the interpretation of this Indenture to which the Indenture Trustee is a party), the Indenture Trustee will be held to represent all the Noteholders, and it will not be necessary to make any Noteholder a party to any such Proceeding.

Appears in 2 contracts

Samples: Indenture (Ford Credit Auto Lease Trust 2015-B), Indenture (Ford Credit Auto Lease Trust 2015-B)

Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture, or under any of the NotesNote, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes in any Proceeding trial or other Proceedings relative to any of the Notes, and any such Proceeding action or Proceedings instituted by the Indenture Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the amounts owed to the payment of expenses, disbursements and compensation of Indenture Trustee under Section 6.7, and each predecessor Indenture Trustee will be for the benefit of the Secured Parties in respect of which such judgment has been recovered. (b) In any Proceeding Proceedings brought by the Indenture Trustee (and also any Proceeding Proceedings involving the interpretation of any provision of this Indenture to which the Indenture Trustee is a party), the Indenture Trustee will be held to represent all the Noteholders, and it will not be necessary benecessary to make any Noteholder a party to any such ProceedingProceedings.

Appears in 1 contract

Samples: Indenture (NewStar Financial, Inc.)

Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and of asserting claims under this Indenture, the Notes or under any of the NotesSecurity Documents, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes thereof in any Proceeding trial or other proceedings relative to any of the Notesthereto, and any such Proceeding action or proceedings instituted by the Indenture Trustee will shall be brought in its own name as trustee of an express trust, and any recovery of judgment, subject judgment shall awarded to the amounts owed Trustee for ratable distribution to the Indenture Trustee under Section 6.7, will be for the benefit Holders of the Secured Parties Notes in respect of which such judgment has been recovered. (b) action was taken, after payment of all sums due to the Trustee under Section 6.6 in respect of such Notes. In any Proceeding proceedings brought by the Indenture Trustee (and also any Proceeding proceedings involving the interpretation of any provision of this Indenture to which the Indenture Trustee is shall be a party), ) the Indenture Trustee will shall be held to represent all the NoteholdersHolders of the Notes in respect to which such action was taken, and it will shall not be necessary to make any Noteholder a party Holders of such Notes parties to any such Proceedingproceedings.

Appears in 1 contract

Samples: Indenture (Quadramed Corp)

Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture, or under any of the Notes, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes in any Proceeding relative to any of the Notes, and any such Proceeding instituted by the Indenture Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the amounts owed to the Indenture Trustee under Section 6.7, will be for the benefit of the 20__-_ Secured Parties in respect of which such the judgment has been recovered. (b) In any Proceeding brought by the Indenture Trustee (and any Proceeding involving the interpretation of this Indenture to which the Indenture Trustee is a party), the Indenture Trustee will be held to represent all the Noteholders, and it will not be necessary to make any Noteholder a party to any such Proceeding.

Appears in 1 contract

Samples: Indenture (CAB West LLC)

Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture, or under any of the Notes, may be enforced by the Indenture Trustee without the possession of any of the Notes or the production of any of the Notes in any Proceeding relative to any of the Notes, and any such Proceeding instituted by the Indenture Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment, subject to the amounts owed to the Indenture Trustee under Section 6.7, will be for the benefit of the 20_-_ Secured Parties in respect of which such judgment has been recovered. (b) In any Proceeding brought by the Indenture Trustee (and any Proceeding involving the interpretation of this Indenture to which the Indenture Trustee is a party), the Indenture Trustee will be held to represent all the Noteholders, and it will not be necessary to make any Noteholder a party to any such Proceeding.

Appears in 1 contract

Samples: Indenture (CAB West LLC)

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