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 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, 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, be for the ratable benefit of the 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 Note Agreement Amended and Restated Indenture 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, 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, be for the ratable benefit of the Noteholders 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 Note Agreement Indenture 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 trusttrust in favor of the Holders, and any recovery of judgment shall, after provision for the payment of the reasonable compensationcompensation to, and expenses, fees, disbursements and advances of of, the Trustee, its agents and counsel, be for the ratable benefit of the Noteholders 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 Note Agreement Indenture, the Collateral Documents or the Applicable Notes (including the Guarantees) 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, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements disbursements, advances and advances reasonable compensation of the Trustee, its agents and counsel, be for the ratable benefit of the Noteholders 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 Note Agreement Indenture, the Notes or the Applicable Notes Note Guarantees 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, 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, be for the ratable benefit of the Noteholders 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 Note Agreement Indenture, the Notes or the Applicable Notes any Guarantee 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 and as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, fees, expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Noteholders 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 Note Agreement Indenture or the Applicable Notes may be prosecuted and enforced by the Trustee without the possession of any of the Applicable 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, 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, be for the ratable benefit of the Noteholders 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 Note Agreement Indenture or the Applicable Notes may be prosecuted and enforced by the Trustee without the possession of any of the Applicable 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, 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, be for the ratable benefit of the Noteholders 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 Note Agreement Indenture, the Notes or the Applicable Notes Guarantees 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 and 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, be for the ratable benefit of the Noteholders Holders 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 Note Agreement Indenture 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, and any . 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, be for the ratable benefit of the Noteholders 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 Note Agreement Indenture or the Applicable Notes (including the Guarantee) 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, 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, be for the ratable benefit of the Noteholders 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 Note Agreement Indenture 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 and as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, fees, expenses, disbursements and advances of the Trustee, Trustee its agents and counsel, be for the ratable benefit of the Noteholders 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 Note Agreement Indenture, the Collateral Documents 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, 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, be for the ratable benefit of the Noteholders 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 Note Agreement Indenture or any of the Applicable Notes or Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Applicable 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, 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, be for the ratable benefit of the Noteholders 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 Note Agreement Indenture, the Notes or the Applicable Notes Guarantee may be prosecuted and enforced by the Trustee without the possession of any of the Applicable 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, 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, be for the ratable benefit of the Noteholders 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 Note Agreement Indenture 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, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, Trustee and its agents and counsel, be for the ratable benefit of the Noteholders 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 Note Agreement Indenture or any of the Applicable Notes or any of the other Transaction Documents 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, and any . Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, expenses and disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the 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 Note Agreement Indenture, the Notes or the Applicable Subsidiary Notes Guarantees 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 and 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, be for the ratable benefit of the Noteholders 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 Note Agreement Indenture 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 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, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements disbursements, indemnities and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Noteholders 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 Note Agreement Indenture 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, 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, be for the ratable benefit of the Noteholders 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 Note Agreement Indenture 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, 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 the payment of the reasonable compensationcompensation to, and expenses, disbursements and advances of the Trustee, Trustee and its agents and counsel, be for the ratable benefit of the Noteholders 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 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, 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, be for the ratable benefit of the 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 Note Agreement Indenture 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, and any recovery of judgment shall, after provision provisions 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 Noteholders Holders of the Notes in respect of which such judgment has been recovered.