Common use of Trustee May Enforce Claims Without Possession of Securities or Coupons Clause in Contracts

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 132 contracts

Samples: Indenture (PennyMac Mortgage Investment Trust), Indenture (PennyMac Corp.), Supplemental Indenture (Kimco Realty OP, LLC)

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Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons Coupons 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 shallor judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of the Holders each and every Holder of the Securities and coupons or Coupons in respect of which such judgment has been recovered.

Appears in 55 contracts

Samples: Indenture (Partnerre LTD), Indenture (Cit Group Inc), Indenture (Cit Group Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons Coupons 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 shallor judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of the Holders each and every Holder of the Securities and coupons a Security or Coupon in respect of which such judgment has been recovered.

Appears in 32 contracts

Samples: Indenture (Corporate Office Properties, L.P.), Indenture (WPC Eurobond B.V.), Indenture (Annaly Capital Management Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 28 contracts

Samples: Indenture (Viacom Inc.), Indenture (New Nisource Inc), Indenture (Occidental Petroleum Corp /De/)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 25 contracts

Samples: Subordinated Indenture (NewAmsterdam Pharma Co N.V.), Senior Indenture (NewAmsterdam Pharma Co N.V.), Senior Indenture (Summit Financial Group, Inc.)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 20 contracts

Samples: Indenture (Franchise Finance Corp of America), Indenture (Price Legacy Corp), Indenture (Jmar Technologies Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 16 contracts

Samples: Indenture (Carlyle Secured Lending, Inc.), Indenture (Medallion Financial Corp), Indenture (PennantPark Floating Rate Capital Ltd.)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims claim under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 14 contracts

Samples: Indenture (Transocean Offshore Inc), Indenture (Veritas DGC Inc), Indenture (Veritas DGC Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 shallor judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of the Holders each and every Holder of the Securities and coupons a Security or coupon in respect of which such judgment has been recovered.

Appears in 13 contracts

Samples: Indenture (Cadiz Inc), Indenture (Cadiz Inc), Subordinated Indenture (Cadiz Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 10 contracts

Samples: Indenture (Illinois Power Co), Indenture (Dynegy Capital Trust Iii), Subordinated Indenture (Illinois Power Co)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 or 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 9 contracts

Samples: Annual Report, Annual Report, Subordinated Indenture (Valero Energy Corp/Tx)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 amounts due to the Trustee, its agents and counselTrustee under Section 607, be for the ratable benefit of the Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 8 contracts

Samples: Indenture (Core Molding Technologies Inc), Indenture (Core Molding Technologies Inc), Indenture (First Mid Illinois Bancshares Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 7 contracts

Samples: Indenture (Health & Retirement Properties Trust), Indenture (Hospitality Properties Trust), Indenture (Health & Retirement Properties Trust)

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

Appears in 5 contracts

Samples: Subordinated Indenture (Southern First Bancshares Inc), Subordinated Indenture (Southern First Bancshares Inc), Senior Indenture (National City Corp)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 4 contracts

Samples: Indenture (TechnipFMC PLC), Indenture (National Oilwell Varco Inc), Indenture (FMC Technologies Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims claim under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 4 contracts

Samples: Indenture (Union Texas Petroleum Holdings Inc), Indenture (Stewart Enterprises Inc), Indenture (Snyder Oil Corp)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture Indenture, the Support Agreement or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Indenture (Nipsco Industries Inc), Indenture (Nipsco Industries Inc), Indenture (Nipsco Industries Inc)

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

Appears in 3 contracts

Samples: Subordinated Indenture (National City Corp), Subordinated Indenture (National City Corp), Subordinated Indenture (National City Corp)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons Coupons 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 or judgment shall, after provision for the payment of the reasonable compensation, expensesexpense, disbursements and advances of the Trustee, its agents and counsel, and for any other amounts due to the Trustee under Section 605, be for the ratable benefit of the Holders of the Securities and coupons or any Coupons in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Indenture (Questar Pipeline Co), Indenture (Questar Market Resources Inc), Indenture (Questar Market Resources Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Indenture (Staples Inc), Indenture (United Waste Systems Inc), Indenture (Baan Co N V)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons Coupons 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 shallor judgment, after provision for the payment of the reasonable compensation, expenses, disbursements disbursements, indemnity amounts and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of the Holders each and every Holder of the Securities and coupons or Coupons in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Senior Indenture (Renaissancere Holdings LTD), Senior Indenture (Renaissancere Holdings LTD)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims claim under this Indenture or any of the Securities or coupons the Senior Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and or coupons in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Royal Gold Inc /De/), Indenture (Royal Gold Inc /De/)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Potash Corporation of Saskatchewan Inc), Indenture (Potash Corporation of Saskatchewan Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons or the Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (DEERE FUNDING CANADA Corp), Indenture (DEERE FUNDING CANADA Corp)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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, 28 disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Hospitality Properties Trust), Indenture (Hospitality Properties Trust)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons Coupons 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 Holders of the Securities and coupons Coupons in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Harley Davidson Inc), Indenture (Harley Davidson Inc)

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

Appears in 1 contract

Samples: Subordinated Indenture (Summit Bancorp/Nj/)

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Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee (to the extent permitted by applicable law) without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Wellsford Residential Property Trust)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 counselcounsel and any other amounts due the Trustee under Section 606, be for the ratable benefit of the Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Mindspring Enterprises Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons of such series 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Lehman Brothers Inc//)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons Securities, Coupons 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 shallor judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of the Holders each and every Holder of the Securities and coupons a Security or Coupon in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Mid-America Apartments, L.P.)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons Coupons 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 shallor judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of the Holders each and every Holder of the Securities and coupons or Coupons in respect of which such judgment has been recovered.. 45

Appears in 1 contract

Samples: Indenture (Ace LTD)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons Coupons 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 shallor judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable -42- benefit of the Holders each and every Holder of the Securities and coupons a Security or Coupon in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Subordinated Indenture (Old Kent Financial Corp /Mi/)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons Coupons 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 or 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 Holders of the Securities and coupons a Security or Coupon in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (J P Morgan Chase & Co)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or the coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.. 26

Appears in 1 contract

Samples: Indenture (Indiana Bell Telephone Co Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 or 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (United States Filter Corp)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons Coupons 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 shallor judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its the Agent and their respective agents and counsel, shall be for the ratable benefit of the Holders each and every Holder of the Securities and coupons a Security or Coupon in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (KKR Financial Holdings LLC)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders Holder of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (First Nationwide Holdings Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Form of Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Medallion Financial Corp)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or coupons Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons Coupons 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 shallor judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the TrusteeTrustee (in any capacity hereunder), its agents and counsel, shall be for the ratable benefit of the Holders each and every Holder of the Securities and coupons a Security or Coupon in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (W. P. Carey Inc.)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims claim under this Indenture or any of the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 39 49 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Key Energy Services Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims claim under this Indenture or any of the Securities or coupons the Senior Subordinated Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Key Energy Services Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities Securities, the Guarantees or the coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered. Section 506.

Appears in 1 contract

Samples: Indenture (Ameritech Capital Funding Corp)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or any coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or coupons 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 Holders of the Securities and coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Security Capital Atlantic Inc)

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