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

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

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture Note Agreement or the Applicable Notes may be prosecuted and enforced by the Trustee without the possession of any of the Applicable Notes 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 in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, fees, disbursements and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes Noteholders in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Amended and Restated Indenture or the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes 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 in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, fees, disbursements and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders holders of the Notes in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or Indenture, the Notes or any Guarantee may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name and as trustee of an express trust in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation to, and expensesthe reasonable compensation, fees, expenses, disbursements and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture Indenture, the Collateral Documents or the Notes (including the Guarantees) may be prosecuted and enforced by the Trustee without the possession of any of the Notes 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 in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, feesdisbursements, disbursements advances and advances of, reasonable compensation of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture Indenture, the Notes or the Notes Note Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Notes 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 in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, fees, disbursements and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes 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 in favor of the Holders, and any trust. Any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, fees, disbursements and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes (including the Guarantee) may be prosecuted and enforced by the Trustee without the possession of any of the Notes 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 in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, fees, disbursements and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture Indenture, the Notes or the Notes Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name and as trustee of an express trust in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, fees, disbursements and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes may be prosecuted and enforced by the Trustee without the possession of any of the such Notes or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name name, as trustee of an express trust in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe compensation, and expenses, fees, disbursements and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes may be prosecuted and enforced by the Trustee without the possession of any of the such Notes or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name name, as trustee of an express trust in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, fees, disbursements and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture Indenture, the Notes or the Notes Guarantee may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the Guarantee 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 in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, fees, disbursements and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture Note Agreement or the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes 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 in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, fees, disbursements and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes Noteholders in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any proceeding relating thereto, thereto and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust in favor of the Holders, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, fees, disbursements and advances of, of the Trustee, Trustee and its agents and counsel, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes 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 in favor of the Holderstrust, and any recovery of judgment shall, after provision provisions for the payment of compensation tothe reasonable compensation, and expenses, fees, disbursements and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action actions and claims under this Indenture or the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any proceeding Proceeding relating thereto, and any such proceeding Proceedings instituted by the Trustee shall be brought in its own name as trustee of an express trust in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, feesdisbursements, disbursements indemnities and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recoveredrecovered applied to payments on the Notes in the order set forth in Section 6.6.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or any of the Notes or Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Notes or Guarantees 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 in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, fees, disbursements and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes or Guarantees in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes 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 in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, fees, disbursements and advances of, of the Trustee, Trustee and its agents and counsel, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or any of the Notes or any of the other Transaction Documents may be prosecuted and enforced by the Trustee without the possession of any of the Notes 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 in favor of the Holders, and any trust. Any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, expenses and expenses, fees, disbursements and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes Noteholders in respect of which such judgment has been recoveredobtained, in the order of priority specified in Section 4.04(b).

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture Indenture, the Notes or the Subsidiary Notes Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name and as trustee of an express trust in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, fees, disbursements and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes 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 in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, fees, disbursements and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name and as trustee of an express trust in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation to, and expensesthe reasonable compensation, fees, expenses, disbursements and advances of, of the Trustee, Trustee its agents and counsel, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture Indenture, the Collateral Documents or the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes 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 in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, fees, disbursements and advances of, of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.