Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, the Notes or the 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, 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,
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Samples: Indenture (Colortyme Inc)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, Indenture or the Notes or the 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, 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 139 1010271152v11010271152_5.doc
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Samples: Fifth Supplemental Indenture (Cornerstone Building Brands, Inc.)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, Indenture or the Notes or the 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 Proceeding relating thereto, and any such proceeding 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,shall be applied as set forth in Section 5.5.
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, Indenture or the Notes or the 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, 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,in
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, Indenture or under any of the Secured Notes or the Subsidiary Guarantees 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, and any such proceeding action or Proceeding instituted by the Trustee shall will 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,will be applied as set forth in Section 5.7 hereof. Section 5.7
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, Indenture or the Notes or the 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, 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,provision
Appears in 1 contract
Samples: Secured Notes Indenture (Cornerstone Building Brands, Inc.)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, Indenture or under any of the Notes or the 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 Proceeding relating thereto, and any such proceeding 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,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, Indenture or the Notes or the 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, 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,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, Indenture or under any of the Class A Notes or the Subsidiary Guarantees 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, and any such proceeding action or 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,shall be applied as set forth in Section 5.7.
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, Indenture or under any of the Notes or the 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 trial or other Proceeding relating thereto, and any such proceeding action or 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,express
Appears in 1 contract
Samples: Indenture (Arbor Realty Trust Inc)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, the Master Trust Indenture or any Series of Notes or the 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, 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,trustee.
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, Indenture or under any of the Secured Notes or the 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 trial or other Proceeding relating thereto, and any such proceeding action or 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,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, Indenture or under any of the Notes or the Subsidiary Guarantees 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, and any such proceeding action or 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,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, the Notes Indenture or the Subsidiary Guarantees 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, and any such proceeding 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,shall be applied as set forth in Section 5.08.
Appears in 1 contract
Samples: Indenture (MCG Capital Corp)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, Indenture or the Notes or the 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, 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,and
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, Indenture or under any of the Notes or the 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 trial or other Proceeding relating thereto, and any such proceeding action or 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,shall be applied as set forth in Section 5.7.
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, Indenture or any of the Notes or the 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 Proceeding relating thereto, and any such proceeding Proceeding instituted by the Trustee in accordance with Section 5.03 shall be brought in its own name and as trustee of an express trust, and any recovery of judgment shall, after provision shall be for the payment benefit of the reasonable compensationHolders of the Notes in the priority specified herein. Any surplus shall be available, expenses,in accordance with
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, Indenture or the Notes or the 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 Proceeding relating thereto, and any such proceeding 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,shall be applied as set forth in Section 5.7 hereof.
Appears in 1 contract
Samples: Indenture (CBRE Realty Finance Inc)