Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the 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 and as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due to the Trustee pursuant to Section 607, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 14 contracts
Samples: Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc)
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the 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 and as trustee of an express trusttrust in favor of the Holders of such Securities, 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 agents and counsel, counsel and any all other amounts due to the Trustee pursuant to under Section 6079.7, be for the ratable benefit of the such Holders of the such Securities in respect of which such judgment has been recovered.
Appears in 14 contracts
Samples: Senior Indenture (Mohawk Industries Inc), Mohawk Capital Luxembourg SA, Mohawk Capital Luxembourg SA
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the 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 and as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of all the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due owing to the Trustee pursuant to and any predecessor Trustee under Section 6076.07, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 11 contracts
Samples: Purchase Agreement (Carriage Services Inc), Purchase Agreement (Budget Group Inc), Indenture (Chemed Capital Trust)
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the 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 and 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 agents and counsel, counsel and any all other amounts due to the Trustee pursuant to under Section 6077.7, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 10 contracts
Samples: Indenture (Multiverse Acquisition Corp), Indenture (Talk Radio Network Inc), Universal Outdoor Inc
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the 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 and as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, . disbursements and advances of the Trustee, its agents and counsel, and for any other amounts due to the Trustee pursuant to under Section 6076.07, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 3 contracts
Samples: Banknorth Capital Trust Ii, Boston Private Financial Holdings Inc, Boston Private Financial Holdings Inc
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the 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 and as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and for any other amounts due to the Trustee pursuant to under Section 6076.07, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered. SECTION 5.06.
Appears in 2 contracts
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the 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 and as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, counsel and for any other amounts due to the Trustee pursuant to under Section 6076.07, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.. 47
Appears in 2 contracts
Samples: Boston Private Financial Holdings Inc, Boston Private Financial Holdings Inc
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or any of the Securities may be prosecuted and enforced by the Trustee without the possession of any of the 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 and as trustee of an express trust, and any recovery of or judgment shall, after provision for the payment of the reasonable compensation, compensation and reasonable properly documented expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts amount due to the Trustee pursuant to under Section 6076.12, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 1 contract
Samples: Indenture (Kimco Realty Corp)
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities or the Guarantees 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 agents and counsel, counsel and any all other amounts due to the Trustee pursuant to under Section 6076.7, be for the ratable benefit of the Holders of the Securities of such series in respect of which such judgment has been recovered.
Appears in 1 contract
Samples: Abitibi Consolidated Inc
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the 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 and as trustee of an express trusttrust in favor of the Holders of such Securities, 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 agents and counsel, counsel and any all other amounts due to the Trustee pursuant to under Section 6079.7, be for the ratable benefit of the such Holders of the such Securities in respect of which such judgment has been recovered.
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the 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 and 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 agents and counsel, counsel and any all other amounts due to the Trustee pursuant to under Section 6078.7, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 1 contract
Samples: Indenture (Efm Programming Inc)