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, the Securities or any Guarantee may be prosecuted and enforced by the Trustee without the possession of any of the Securities or any Guarantee 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 compensation, expenses, disbursements and advances of the Trustee, its agents, advisers and reasonable fees and expenses of its counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.

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

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, Indenture or the Securities or any Guarantee Subsidiary Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Securities or any Guarantee 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, advisers agents and reasonable fees and expenses of its counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.

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

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

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, Indenture or the Securities or any Senior Subordinated Guarantee may be prosecuted and enforced by the Trustee without the possession of any of the Securities or any Guarantee 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, advisers agents and reasonable fees and expenses of its counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, Indenture or the Securities or any Guarantee may be prosecuted and enforced by the Trustee without the possession of any of the Securities or any Guarantee 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, any predecessor Trustee under Section 6.7, its agents, advisers agents and reasonable fees and expenses of its counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims with respect to a series of the Securities under this Indenture, the Indenture or such series of Securities or any Guarantee may be prosecuted and enforced by the Trustee without the possession of any of the Securities or any Guarantee 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, advisers agents and reasonable fees and expenses of its counsel, be for the ratable benefit of the Holders of the such Securities in respect of which such judgment has been recovered.

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

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

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

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

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

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, Indenture or the Securities or any Guarantee may be prosecuted and enforced by the Trustee without the possession of any of the Securities or any Guarantee or the production produc- 61 - 54 - tion 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 agents, advisers agents and reasonable fees and expenses of its counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.

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

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, Indenture or the Securities or any Guarantee coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or any Guarantee 47 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 agreed upon compensation, expenses, disbursements and advances of the Trustee, its agents, advisers agents and reasonable fees and expenses of its counsel, be for the ratable benefit of the Holders of the Securities and coupons in respect of which such judgment has been recovered.