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

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, or under the Securities of any series or any Coupons appertaining thereto, may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or such 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. In any proceedings brought by the Trustee (and also in any proceedings involving the interpretation of any provision of this Indenture to which the Trustee shall be a party), the Trustee shall be held to represent all the Holders of the Securities and Coupons appertaining thereto in respect to which action was taken, and it shall not be necessary to make any Holders of such Securities or Coupons parties to any such proceedings.

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, or under the Securities of any series or any Coupons appertaining theretoSecurities, may be prosecuted and enforced by the a Trustee without the possession of any of the Securities of such series or such Coupons or the production thereof in any suit or proceeding relating thereto, and any such suit or proceeding instituted by the a 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 such Trustee, its agents and counsel, except as a result of such Trustee’s negligence or bad faith, be for the ratable benefit of the Holders of the Securities and Coupons in respect of which such judgment has been recoveredrecovered subject to the provisions of this Indenture. In any proceedings suit or proceeding brought by the a Trustee (and also in any proceedings suit or proceeding involving the interpretation or construction of any provision of this Indenture to which the such Trustee shall be a party), the such Trustee shall be held to represent all the Holders of the Securities and Coupons appertaining thereto in respect to which action was taken, and it shall not be necessary to make any Holders of such Securities or Coupons parties to any such proceedings.

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, Indenture or under the Securities of any series or any Coupons appertaining thereto, may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or such 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. In connection with any proceedings brought by the Trustee (and also in any proceedings involving the interpretation filing of any provision claims pursuant to Section 317(a)(2) of this the Trust Indenture to which the Trustee shall be a party)Act, the Trustee shall be held entitled (i) to represent all collect and receive any moneys or other property payable or deliverable on any such claims and to distribute the same, and (ii) unless prohibited by law or applicable regulation, to vote on behalf of the Holders for the election of a trustee in bankruptcy or similar official, and any receiver, trustee or similar official in any proceeding is hereby authorized by each Holder to make such payments to the Trustee and, if the Trustee consents to the making of such payments directly to the Holders, to pay to the Trustee any amounts due it for reasonable compensation, expenses, disbursements and advances of the Securities and Coupons appertaining thereto in respect to which action was taken, and it shall not be necessary to make Trustee or any Holders of such Securities or Coupons parties to any such proceedingspredecessor Trustee under Section 6.7.

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, or under the Securities of Indenture with respect to any series or any Coupons appertaining thereto, of Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or such 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, fees and expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Securities and Coupons of such series in respect of which such judgment has been recovered. In any proceedings brought -39- 49 Section 506. APPLICATION OF MONEY COLLECTED. Any money collected by the Trustee (and also pursuant to this Article or otherwise on behalf of the Holders or the Trustee pursuant to this Article or through any proceeding or any arrangement or restructuring in any proceedings involving the interpretation anticipation or in lieu of any provision of proceeding contemplated by this Indenture Article shall be applied, subject to which applicable law, in the following order, at the date or dates fixed by the Trustee shall be a party)and, the Trustee shall be held to represent all the Holders in case of the distribution of such money on account of principal, premium, if any, or interest, upon presentation of the several Securities and Coupons appertaining thereto in respect to which action was taken, the notation thereon of the payment if only partially paid and it shall not be necessary to make any Holders of such Securities or Coupons parties to any such proceedings.upon surrender thereof if fully paid:

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, Indenture or under the Securities of any series or any Coupons Coupons, if any, appertaining thereto, thereto may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or such Coupons Coupons, if any, appertaining thereto 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. In any proceedings brought by the Trustee (and also in any proceedings involving the interpretation of any provision of this 77 - 67 - Indenture to which the Trustee shall be a party), ) the Trustee shall be held to represent all the Holders of the Securities and Coupons appertaining thereto in respect to of which such action was taken, and it shall not be necessary to make any Holders of such Securities or Coupons parties to any such proceedings.

Trustee May Enforce Claims Without Possession of Securities. All rights of action and of asserting claims under this Indenture, or under any of the Securities of any series or any Coupons appertaining theretoto such Securities, may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or Coupons appertaining to such Coupons Securities or the production thereof in any proceeding relating trial or other proceedings relative thereto, and any such proceeding action or 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 shall be awarded to the Trustee for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of distribution to the Holders of the Securities and or Coupons appertaining to such Securities in respect of which such judgment has been recoveredaction was taken, after payment of all sums due to the Trustee under Section 6.6 in respect of such Securities. In any proceedings brought by the Trustee (and also in any proceedings involving the interpretation of any provision of this Indenture to which the Trustee shall be a party), ) the Trustee shall be held to represent all the Holders of the Securities and or Coupons appertaining thereto to such Securities in respect to which such action was taken, and it shall not be necessary to make any Holders of such Securities or Coupons appertaining to such Securities parties to any such proceedings.

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, Indenture or under the Securities of any series or any Coupons appertaining thereto, may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or such 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. In connection with any proceedings brought by the Trustee (and also in any proceedings involving the interpretation filings of any provision claims pursuant to Section 317(a)(2) of this the Trust Indenture to which Act (i) the Trustee shall be entitled to collect and receive any moneys or other property payable or deliverable on any such claims and to distribute the same, (ii) unless prohibited by law or applicable regulation, to vote on behalf of the Holders for the election of a party)trustee in bankruptcy or other similar official, and any receiver trustee or similar official in any proceeding is hereby authorized by each Holder to make such payments to the Trustee shall be held and, if the Trustee consents to represent all the Holders making of such payments directly to the Holders, to pay to the Trustee any amounts due it for the reasonable compensation, expenses, disbursements and advances of the Securities Trustee, its agents and Coupons appertaining thereto in respect to which action was takencounsel, and it shall not be necessary to make any Holders of such Securities other amounts due the Trustee or Coupons parties to any such proceedingspredecessor Trustee under Section 606.

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, Indenture or under the Securities of any series or any Coupons appertaining thereto, may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or such 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. In connection with any proceedings brought by the Trustee (and also in any proceedings involving the interpretation filings of any provision claims pursuant to Section 317(a)(2) of this the Trust Indenture to which Act (i) the Trustee shall be entitled to collect and receive any moneys or other property payable or deliverable on any such claims and to distribute the same, (ii) unless prohibited by law or applicable regulation, to vote on behalf of the Holders for the election of a party)trustee in bankruptcy or other similar official, and any receiver trustee or similar official in any proceeding is hereby authorized by each Holder to make such payments to the Trustee and, if the Trustee consents to the making of such payments directly to the Holders, to pay to the Trustee any amounts due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee or any predecessor Trustee under Section 605. SECTION 505. APPLICATION OF MONEY COLLECTED. Any money collected by the Trustee pursuant to this Article shall be held to represent all applied in the Holders following order, at the date or dates fixed by the Trustee and, in case of the distribution of such money on account of principal (or premium, if any) or interest, upon presentation of the Securities and Coupons appertaining thereto in respect to which action was taken, the notation thereon of the payment if only partially paid and it shall not be necessary to make any Holders of such Securities or Coupons parties to any such proceedings.upon surrender thereof if fully paid:

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, Indenture or under the Securities of any series or any Coupons Coupons, if any, appertaining thereto, thereto may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or such Coupons Coupons, if any, appertaining thereto 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. In any proceedings brought by the Trustee (and also in any proceedings involving the interpretation of any provision of this Indenture to which the Trustee shall be a party), ) the Trustee shall be held to represent all the Holders of the Securities and Coupons appertaining thereto in respect to of which such action was taken, and it shall not be necessary to make any Holders of such Securities or Coupons parties to any such proceedings.

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, Indenture or under the Securities of any series or any Coupons appertaining thereto, may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or such 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 counselcounsel and any other amounts due the Trustee under Section 507, be for the ratable benefit of the Holders of the Securities and Coupons in respect of which such judgment has been recovered. In any proceedings brought Section 406. APPLICATION OF MONEY COLLECTED. Any money collected by the Trustee (and also pursuant to this Article or otherwise on behalf of the Holders or the Trustee pursuant to this Article or through any proceeding or any arrangement or restructuring in any proceedings involving the interpretation anticipation or in lieu of any provision of proceeding contemplated by this Indenture Article shall be applied, subject to which applicable law, in the following order, at the date or dates fixed by the Trustee shall be a party)and in case of the distribution of such money on account of principal, the Trustee shall be held to represent all the Holders premium, if any, or interest, upon presentation of the Securities and Coupons appertaining thereto in respect to which action was taken, the notation thereon of the payment if only partially paid and it shall not be necessary to make any Holders of such Securities or Coupons parties to any such proceedings.upon surrender hereof if fully paid:

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, or under the Securities of any series or any Coupons appertaining thereto, may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or such Coupons or the production thereof in any suit or proceeding relating thereto, and any such suit 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, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, except as a result of negligence or bad faith, be for the ratable rateable benefit of the Holders of the Securities and Coupons in respect of which such judgment has been recoveredrecovered subject to the provisions of this Indenture. In any proceedings suit or proceeding brought by the Trustee (and also in any proceedings suit or proceeding involving the interpretation or construction of any provision of this Indenture to which the Trustee shall be a party), the Trustee shall be held to represent all the Holders of the Securities and Coupons appertaining thereto in respect to which action was taken, and it shall not be necessary to make any Holders of such Securities or Coupons parties to any such proceedings.