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 Agreement 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, and any recovery of judgment shall be for the ratable benefit of the Noteholders in respect of which such judgment has been recovered and shall be paid as provided in Section 9.14.

Appears in 5 contracts

Samples: Indenture and Servicing Agreement (MCM Capital Group Inc), Indenture and Servicing Agreement (MCM Capital Group Inc), Indenture and Servicing Agreement (MCM Capital Group Inc)

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Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Agreement 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, and any recovery of judgment shall be for the ratable benefit of the Noteholders in respect of which such judgment has been recovered and shall be paid as provided in Section 9.148.14.

Appears in 4 contracts

Samples: Indenture and Servicing Agreement (Creditrust Corp), Indenture and Servicing Agreement (Creditrust Corp), Indenture and Servicing Agreement (Creditrust Corp)

Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Agreement Agreement, the Notes, 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, and any Trustee. Any recovery of judgment shall be shall, after provision for the ratable benefit payment of the reasonable compensation, expenses, disbursements and advances of Trustee, its agents and counsel, be paid to the Noteholders in respect of which such judgment has been recovered and shall be paid as provided obtained in Section 9.14accordance with the terms hereof.

Appears in 1 contract

Samples: Indenture and Servicing Agreement (Vertis Inc)

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Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Agreement 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, and any trustee. Any recovery of judgment shall shall, after provision for the payment of the 69 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 and shall be paid as provided in Section 9.14obtained.

Appears in 1 contract

Samples: Master Indenture and Servicing Agreement (Cendant Corp)

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