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 may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent and counsel and any other amounts due the Trustee under Section 6.07, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 75 contracts

Samples: Indenture (Invesco Mortgage Capital Inc.), Indenture (Xenetic Biosciences, Inc.), Indenture (Xenetic Biosciences, Inc.)

AutoNDA by SimpleDocs

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series or the Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel and any other amounts due the Trustee to it under Section 6.07607, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 43 contracts

Samples: Indenture (Amcor PLC), Indenture (Amcor PLC), Indenture (Amcor Flexibles North America, Inc.)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent and counsel and any other amounts due the Trustee under Section 6.07counsel, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 33 contracts

Samples: Senior Indenture (OneBeacon Insurance Group, Ltd.), Annual Report, Senior Indenture (Plains Exploration & Production Co)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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, Trustee and its agent agents and counsel and any other amounts due the Trustee under Section 6.07counsel, be for the ratable benefit of the Holders of the Securities Securities, of the series in respect of which such judgment has been recovered.

Appears in 33 contracts

Samples: Indenture (PepsiCo Singapore Financing I Pte. Ltd.), Indenture (Nymox Pharmaceutical Corp), Indenture (Barrett Business Services Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel counsel, and any other amounts due the Trustee under Section 6.07, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 13 contracts

Samples: Indenture (Avon Products Inc), Indenture (Computer Associates International Inc), Indenture (Avon Products Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel counsel, and for any other amounts due the Trustee under Section 6.07607, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 12 contracts

Samples: Indenture (Jostens Inc), Indenture (Deluxe Corp), Indenture (Jostens Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel counsel, and any other amounts due to the Trustee under Section 6.07, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 10 contracts

Samples: Indenture (Petrobras Global Finance B.V.), Indenture (Fibria Overseas Finance Ltd.), Indenture (Fibria Celulose S.A.)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 trusttrust in favor of the Holders, and any recovery of judgment shall, after provision for the payment of the reasonable compensationcompensation to, and expenses, disbursements and advances of the Trustee, Trustee and its agent agents and counsel and any all other amounts due the Trustee under Section 6.077.7, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 8 contracts

Samples: Indenture (Sun Healthcare Group Inc), Indenture (HPSC Inc), Indenture (HPSC Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee for the Securities of any series without the possession of any of the Securities of such series or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the such 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 agent agents and counsel and any all other amounts due the to such Trustee under Section 6.07607, be for the ratable benefit of the Holders of the Securities of the such series in respect of which such judgment has been recovered.

Appears in 8 contracts

Samples: Indenture (CubeSmart, L.P.), Indenture (Philip Morris USA Inc.), Indenture (Acadia Realty Trust)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent and counsel and any all other amounts due to the Trustee under Section 6.07607 herein, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 7 contracts

Samples: Indenture (Arauco & Constitution Pulp Inc), Indenture (Arauco & Constitution Pulp Inc), Indenture (Arauco & Constitution Pulp Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel and any other amounts due the Trustee under Section 6.07counsel, be for the ratable benefit of the Holders of the Securities Securities, of the series in respect of which such judgment has been recovered.

Appears in 7 contracts

Samples: Senior Indenture (Xylem Inc.), Subordinated Indenture (Xylem Inc.), Indenture (ITT Corp)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture Indenture, the Securities or the Securities of any series Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 and as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, compensation and properly incurred expenses, disbursements and advances of the Trustee, its agent agents and counsel and any other amounts due the Trustee under Section 6.0711.01, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 6 contracts

Samples: Indenture (CNOOC Finance (2013) Ltd.), Indenture (CNOOC Finance (2015) U.S.A. LLC), Indenture (CNOOC Finance (2015) U.S.A. LLC)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or 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 agent and counsel and any other amounts due the Trustee under Section 6.07counsel, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 5 contracts

Samples: Indenture (Corpbanca/Fi), Indenture (Corpbanca/Fi), Indenture (Banco Santander Chile)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series or the Guarantee may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel and any other amounts due the Trustee to it under Section 6.07607, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 4 contracts

Samples: Indenture (Brandbev S.a r.l.), Indenture (Rinker Group LTD), Indenture (Rinker Group LTD)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel counsel, and any other amounts due the Trustee under Section 6.07607 hereof, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 4 contracts

Samples: Indenture (Pinnacle Holdings Inc), Indenture (Exodus Communications Inc), Indenture (General Media Inc)

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, may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series 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 agent agents and counsel and any other amounts due the Trustee under Section 6.078.07, be for the ratable benefit of the Holders of the Securities of the series such Series in respect of which such judgment has been recovered.

Appears in 4 contracts

Samples: Indenture (Wal Mart Stores Inc), Indenture (Wal Mart Stores Inc), Indenture (Wal Mart Stores Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent and counsel and any other amounts due the Trustee under Section 6.07hereunder, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 4 contracts

Samples: Indenture (Apollo Global Management LLC), Indenture (Apollo Global Management LLC), Indenture (Apollo Global Management LLC)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 and as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, fees, expenses, disbursements and advances of the Trustee, its agent agents and counsel counsel, and any other amounts due the Trustee under Section 6.076.07 hereof, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 4 contracts

Samples: Indenture (Net Servicos De Comunicacao S A), Indenture (Net Servicos De Comunicacao S A), Indenture (Brazilian Communitary Antennae LTD)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 trusttrust in favor of the Holders, and any recovery of judgment shall, after provision for the payment of the reasonable compensationcompensation to, and expenses, disbursements and advances of the Trustee, its agent agents and counsel and any all other amounts due the Trustee under Section 6.076.7, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 4 contracts

Samples: Indenture (Waterford Gaming LLC), Indenture (Waterford Gaming LLC), Indenture (Waterford Gaming Finance Corp)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel and any other amounts due to the Trustee extent required to be paid under Section 6.078.7, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 4 contracts

Samples: Indenture (LPL Financial Holdings Inc.), Indenture (LPL Holdings, Inc.), Indenture (LPL Holdings Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel and any other (including, without limitation, all amounts due the Trustee under Section 6.076.7 hereof), be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Indenture (Stena Ab), Indenture (Stena Ab), Indenture (Stena Ab)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel counsel, and any other amounts due the Trustee under Section 6.076.7, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Indenture (MGP Ingredients Inc), Indenture (Euronet Worldwide Inc), Indenture (Euronet Worldwide Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel counsel, and any all other amounts due the to such Trustee under Section 6.07607, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Indenture (Solutia Inc), Indenture (Solutia Inc), Indenture (Solutia Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel and any other amounts due to the Trustee under Section 6.07607, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Indenture (CenterState Bank Corp), Indenture (Enterprise Financial Services Corp), Indenture (Park National Corp /Oh/)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent and counsel and any other amounts due the Trustee under Section 6.07607, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Indenture (COLORADO INTERSTATE ISSUING Corp), Indenture (Tca Cable Tv Inc), Indenture (Hillenbrand Industries Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel counsel, and any other amounts due to the Trustee under Section 6.07607, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Indenture (Staples Inc), Indenture (Staples Inc), Indenture (Staples Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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, shall after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agent and counsel and any other amounts due the Trustee under Section 6.07607, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Neiman Marcus Group Inc), Indenture (Neiman Marcus Group Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent and counsel and any other amounts due the Trustee under Section 6.076.6, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recoveredSecurities.

Appears in 2 contracts

Samples: Indenture (Congoleum Corp), Indenture (American Biltrite Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 shallor judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agent agents and counsel counsel, and any all other amounts due to the Trustee under Section 6.076.7, shall be for the ratable benefit of the Holders of the Securities of the series each and every Holder in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (CIT Group Funding CO of Canada), Indenture (Cit Group Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee for the Securities of any series without the possession of any of the Securities of such series or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the such 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 agent agents and counsel and any all other amounts due the to such Trustee under Section 6.07hereunder, be for the ratable benefit of the Holders of the Securities of the such series in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Sovran Acquisition LTD Partnership), Indenture (Sovran Acquisition LTD Partnership)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee for the Securities of such series without the possession of any of the Securities of such series or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the such 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 agent agents and counsel and any other amounts due the such Trustee under Section 6.078.07 hereof, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Senior Indenture (American Express Co), Indenture (American Express Credit 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, may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series 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 agent agents and counsel and any other amounts due the Trustee under Section 6.078.07, be for the ratable benefit of the Holders of the Securities of the series such Series in respect of which that such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Wal Mart Cayman Sterling Finance Co), Indenture (Wal Mart Cayman Sterling Finance Co)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 provision, for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agent and counsel and any other amounts due the Trustee under Section 6.07607, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Baker Hughes Inc), Indenture (Baker Hughes Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel counsel, and any other amounts due the Trustee under Section 6.07607, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Avon Products Inc), Indenture (Portland General Electric Co /Or/)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel counsel, and any all other amounts due the Trustee under Section 6.07607, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Olsten Corp), Indenture (Medpartners Inc)

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, if any, may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series 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 agent agents and counsel and any all other amounts due the Trustee under Section 6.07607, be for the ratable benefit of the Holders of the Securities of the series and Coupons, if any, in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Ubs Americas Inc), Indenture (Ubs Americas Inc)

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 may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series 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 agent agents and counsel counsel, and any other amounts due to the Trustee under Section 6.07, 6.07 be for the ratable benefit of the Holders of the Securities of the series and coupons in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Celestica Inc), Indenture (Celestica Inc)

AutoNDA by SimpleDocs

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or any of the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel and any other amounts due the Trustee under Section 6.076.6, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Advanced Energy Industries Inc), Indenture (Advanced Energy Industries Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel counsel, and any other amounts due the Trustee under Section 6.07, be for the ratable benefit of the ---- Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Advanced Micro Devices Inc), Indenture (Agilent Technologies Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be 71 80 brought in its own name as trustee of an express trusttrust in favor of the Holders, and any recovery of judgment shall, after provision for the payment of the reasonable compensationcompensation to, and expenses, disbursements and advances of the Trustee, Trustee and its agent agents and counsel and any all other amounts due the Trustee under Section 6.077.7, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Ekco Group Inc /De/)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series Series may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series 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 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 agent agents and counsel and any other amounts due the Trustee under Section 6.07counsel, be for the ratable benefit of the Holders of the Securities of the series Series in respect of which such judgment has been recovered.. 76

Appears in 1 contract

Samples: Indenture (Hollinger International Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel and any other amounts due the Trustee under Section 6.07counsel, 505, 506, 507 be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (PPG Industries Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 trusttrust in favor of the Holders, and any recovery of judgment shall, after provision for the payment of the reasonable compensationcompensation to, and expenses, disbursements and advances of of, the Trustee, its agent agents and counsel and any all other amounts due the Trustee under Section 6.077.7, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Quality Food Centers Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel and any other amounts due to the Trustee under Section 6.07, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture Agreement (CenterState Bank Corp)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 25 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 agent and counsel and any other amounts due the Trustee under Section 6.07, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Dana Holding Corp)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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, and each predecessor Trustee, its agent agents and counsel counsel, and any other amounts due to the Trustee or such predecessor, agent or counsel under Section 6.076.7, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Levi Strauss & Co)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee for the Securities of any series without the possession of any of the Securities of such series or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the such 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 agent agents and counsel and any all other amounts due the to such Trustee under Section 6.076.7, be for the ratable benefit of the Holders of the Securities of the such series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Mondelez International, Inc.)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be 51 43 prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent and counsel and any other amounts due the Trustee under Section 6.07counsel, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Ccci Capital Trust Iii)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 49 42 payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agent and counsel and any other amounts due the Trustee under Section 6.07counsel, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Subordinated Indenture (Ccci Capital Trust Iii)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel and any other amounts due the Trustee under Section 6.07607, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (COLORADO INTERSTATE ISSUING Corp)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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, Trustee and its agent agents and counsel and any all other amounts due the Trustee under Section 6.07, be for the ratable benefit of the Holders of the Securities Securities, of the series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (QCR Holdings Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or under the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel and any other amounts due the Trustee under Section 6.078.07, be for the ratable benefit of the Holders of the Securities of the such series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Wilmington Trust Corp)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 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 agent agents and counsel and any other amounts due the Trustee under Section 6.076.6, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (510152 N B LTD)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 50 42 payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agent and counsel and any other amounts due the Trustee under Section 6.07counsel, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Subordinated Indenture (Ccci Capital Trust Iii)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel counsel, and any all other amounts due the Trustee under Section 6.07, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Medpartners Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel counsel, and any other amounts due the Trustee under Section 6.07607, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.the

Appears in 1 contract

Samples: Indenture (Portland General Electric Co /Or/)

Trustee May Enforce Claims Without Possession of Securities. or Coupons. ----------- All rights of action and claims claim under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel counsel, and any other amounts due the Trustee under Section 6.07, any recovery of judgment shall be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Abraxas Petroleum Corp)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture hereunder or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel counsel, and for any other amounts due the Trustee under Section 6.07607, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Amresco Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel counsel, and any all other amounts due the to such Trustee under Section 6.07607, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered. SECTION 506.

Appears in 1 contract

Samples: Indenture (Solutia Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities 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 agent agents and counsel counsel, and for any other amounts due the Trustee under Section 6.07, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (First Brands Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!