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 the Securities of any series or Coupons appertaining to such Securities, may be prosecuted and enforced by the Trustee to the fullest extent permitted by law without the possession of any of the Securities of any series or Coupons appertaining to such Securities, 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 or Coupons in respect of which such judgment has been recovered.

Appears in 7 contracts

Samples: Senior Indenture (Covad Communications Group Inc), Senior Indenture (Flextronics International LTD), Senior Indenture (Transmeta Corp)

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Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or under the Securities of any series series, or Coupons coupons (if any) appertaining to such Securitiesthereto, may be prosecuted and enforced by the Trustee to the fullest extent permitted by law without the possession of any of the Securities of any such series or Coupons coupons appertaining to such Securities, 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 counselcounsel and any other amounts due the Trustee under Section 8.07, be for the ratable benefit of the Holders of the Securities or Coupons of such series and coupons appertaining thereto in respect of which such judgment has been recovered.

Appears in 6 contracts

Samples: Indenture (Banc One Corp /Oh/), Indenture (Collins & Aikman Corp), Indenture (Collins & Aikman Corp)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or under the Securities of any series series, or Coupons coupons (if any) appertaining to such Securitiesthereto, may be prosecuted and enforced by the Trustee to the fullest extent permitted by law without the possession of any of the Securities of any such series or Coupons coupons appertaining to such Securities, 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 counselcounsel and any other amounts due the Trustee under Section 8.07, be for the ratable benefit of the Holders of the Securities or Coupons of such series and coupons appertaining thereto in respect of which such judgment has been recovered.. SECTION

Appears in 3 contracts

Samples: Indenture (First Chicago NBD Corp), Indenture (First Chicago NBD Corp), Indenture (First Chicago NBD Capital Iv)

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 Coupons coupons (if any) appertaining to such Securitiesthereto, may be prosecuted and enforced by the Trustee to the fullest extent permitted by law without the possession of any of the Securities of any such series or Coupons coupons appertaining to such Securities, 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 counselcounsel and any other amounts due the Trustee under Section 8.07, be for the ratable benefit of the Holders of the Securities or Coupons of such series and coupons appertaining thereto in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Commerce Bancorp Inc /Nj/), Indenture (Fleet Capital Trust Ix)

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Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series or Coupons coupons, if any, appertaining to such Securitiesthereto, may be prosecuted and enforced by the Trustee to the fullest extent permitted by law without the possession of any of the Securities of any such series or Coupons coupons appertaining to such Securities, 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 counselcounsel and any other amounts due the Trustee under Section 6.07, be for the ratable benefit of the Holders of the Securities of such series or Coupons coupons appertaining thereto in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Commerce Bancorp Inc /Nj/)

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