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
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Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture Indenture, the Notes or the Notes Subsidiary 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, andand 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,
Appears in 1 contract
Samples: Indenture (Colortyme Inc)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or any of 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, andand any such Proceeding instituted by the Trustee in accordance with Section 5.03 shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be for the benefit of the Holders of the Notes in the priority specified herein. Any surplus shall be available, in accordance with
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Samples: Nations Asset Securities Inc
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 Proceeding relating thereto, andand 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 be applied as set forth in Section 5.7 hereof.
Appears in 1 contract
Samples: Substitution; Hedge Agreement (CBRE Realty Finance Inc)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of 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 trial or other Proceeding relating thereto, andand any such action or Proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7.
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Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Secured Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any proceeding trial or other Proceeding relating thereto, andand any such action or Proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereof.
Appears in 1 contract
Samples: Indenture (JMP Group Inc.)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of 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, andand 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 be applied as set forth in Section 5.7 hereof.
Appears in 1 contract
Samples: Indenture (CION Investment Corp)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Notes Secured NotesDebt may be prosecuted and enforced by the Trustee without the possession of any of the Notes Secured NotesDebt or the production thereof in any proceeding trial or other Proceeding relating thereto, andand any such action or Proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereof.
Appears in 1 contract
Samples: Supplemental Indenture (AB Private Credit Investors Corp)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Secured Notes may be prosecuted and enforced by the Trustee without the possession of any of the Secured Notes or the production thereof in any proceeding trial or other Proceeding relating thereto, andand any such action or Proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereof. 110
Appears in 1 contract
Samples: Indenture and Security Agreement (Owl Rock Capital Corp)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Master Trust Indenture or the any Series of 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, andand any such proceeding instituted by the Trustee shall be brought in its own name as trustee.
Appears in 1 contract
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, andand any such proceeding instituted by the Trustee shall be brought in
Appears in 1 contract
Samples: Jushi Holdings Inc.
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, andand any such proceeding instituted by the Trustee shall be
Appears in 1 contract
Samples: Indenture (Queen Sand Resources Inc)
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 Proceeding relating thereto, andand 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 be applied as set forth in Section 5.5.
Appears in 1 contract
Samples: Enron International Cpo Inc
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Secured Notes may be prosecuted and enforced by the Trustee without the possession of any of the Secured Notes or the production thereof in any proceeding trial or other Proceeding relating thereto, andand any such action or Proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereof. 106
Appears in 1 contract
Samples: Indenture (KCAP Financial, Inc.)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of 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 trial or other Proceeding relating thereto, andand any such action or Proceeding instituted by the Trustee shall be brought in its own name as trustee of an express
Appears in 1 contract
Samples: Arbor Realty Trust Inc
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Secured 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, andand 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 be applied as set forth in Section 5.08.
Appears in 1 contract
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, andand 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
Appears in 1 contract
Samples: Cornerstone Building Brands, Inc.
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Secured Notes may be prosecuted and enforced by the Trustee without the possession of any of the Secured Notes or the production thereof in any proceeding trial or other Proceeding relating thereto, andand any such action or Proceeding instituted by the Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment will be applied as set forth in Section 5.7 hereof. Section 5.7
Appears in 1 contract
Samples: Blackstone Private Credit Fund
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, andand 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 139 1010271152v11010271152_5.doc
Appears in 1 contract
Samples: Cornerstone Building Brands, Inc.
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Class A Notes may be prosecuted and enforced by the Trustee without the possession of any of the Class A Notes or the production thereof in any proceeding trial or other Proceeding relating thereto, andand any such action or Proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7.
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