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 the Guarantee may be prosecuted and enforced by the Trustees, or either of them, without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by either or both Trustees shall be brought in its or their own name as trustee(s) of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of each of the Trustees and their respective agents and counsel, 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: Indenture (Hydro One Holdings LTD), Indenture (Hydro One LTD), Indenture (Hydro One LTD)

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Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, Indenture or any of the Securities or the Guarantee Guarantees may be prosecuted and enforced by the Trustees, or either of them, Trustee without the possession of any of the Securities or the Guarantees or the production thereof in any proceeding relating thereto, and any such proceeding instituted by either or both Trustees the Trustee shall be brought in its or their own name as trustee(s) trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, and documented expenses, disbursements and advances of each of the Trustees Trustee, any Security Registrar and any Paying Agent, their respective agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Qimonda Finance LLC), Indenture (Qimonda Finance LLC)

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 the Guarantee any coupons may be prosecuted and enforced by the Trustees, or either of them, Trustee without the possession of any of the Securities or coupons or the production thereof in any proceeding relating thereto, and any such proceeding instituted by either or both Trustees the Trustee shall be brought in its or their own name as trustee(s) 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 each of the Trustees and their respective 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.

Appears in 2 contracts

Samples: Indenture (Homestead Village Inc), Indenture (Security Capital Group Inc/)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and of asserting claims under this Indenture, Indenture or under any of the terms established with respect to Securities or the Guarantee of any series may be prosecuted and enforced by the Trustees, or either of them, Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by either or both Trustees the Trustee shall be brought in its or their own name as trustee(s) trustee of an express trust, and any recovery of or judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of each of the Trustees and their respective Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Ambac Financial Group Inc), Indenture (Ambac Financial Group Inc)

Trustee May Enforce Claims Without Possession of Securities. or Coupons. All rights of action and claims under this IndentureIndenture or any of the ---------- Securities, the Securities any related Guarantees or the Guarantee any coupons may be prosecuted and enforced by the Trustees, or either of them, Trustee without the possession of any of the Securities or coupons or the production thereof in any proceeding relating thereto, and any such proceeding instituted by either or both Trustees the Trustee shall be brought in its or their own name as trustee(s) 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 each of the Trustees and their respective 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.

Appears in 2 contracts

Samples: Indenture (Cabot Industrial Properties Lp), Indenture (Cabot Industrial Trust)

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 the Guarantee coupons may be prosecuted and enforced by the Trustees, or either of them, Trustee without the possession of any of the Securities or coupons or the production thereof in any proceeding relating thereto, and any such proceeding instituted by either or both Trustees the Trustee shall be brought in its or their own name as trustee(s) 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 each of the Trustees and their respective 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.

Appears in 2 contracts

Samples: Indenture (Trinet Corporate Realty Trust Inc), Indenture (Bradley Operating L P)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, Indenture or the Securities or the Guarantee may be prosecuted and enforced by the TrusteesTrustee, or either including, prior to the Release Date, its rights as holder of them, the Senior Note Mortgage Bonds without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by either or both Trustees the Trustee shall be brought in its or their own name as trustee(s) 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 each of the Trustees and their respective Trustee, its agents and counsel, 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 (Public Service Co of Oklahoma)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, Indenture or the Securities or the Guarantee may be prosecuted and enforced by the Trustees, or either of them, Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by either or both Trustees the Trustee shall be brought in its or their own name as trustee(s) trustee of an express trust, and any recovery of judgment shall, after provision for the payment of all the amounts owing to the Trustee and any predecessor Trustee under Section 6.7 for the reasonable compensation, expenses, disbursements and advances of each of the Trustees and their respective Trustee, its agents and counsel, 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 (Hearst Argyle Television Inc)

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Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, Indenture or the Securities or the Guarantee of any series may be prosecuted and enforced by the Trustees, or either of them, Trustee to the fullest extent permitted by law without the possession of any of the Securities of any series or the production thereof in any proceeding relating thereto, and any such proceeding instituted by either or both Trustees the Trustee shall be brought in its or their own name as trustee(s) 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 each of the Trustees and their respective Trustee, its agents and counsel, 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: Senior Indenture (Biolife Solutions Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, the Indenture or under the Securities or the Guarantee of any series may be prosecuted and enforced by the Trustees, or either of them, Trustee without the possession of any of the Securities of such series or the related coupons or the production thereof in any proceeding relating thereto, and any such proceeding instituted by either or both Trustees the Trustee shall be brought in its or their own name as trustee(s) trustee of an express trust, and any recovery of judgment judg ment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of each of the Trustees and their respective Trustee, its agents and counsel, 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: Indenture (Xerox Corp)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture, Indenture or any of the Securities or the Guarantee Guarantees may be prosecuted and enforced by the Trustees, or either of them, Trustee without the possession of any of the Securities or the Guarantees or the production thereof in any proceeding relating thereto, and any such proceeding instituted by either or both Trustees the Trustee shall be brought in its or their own name as trustee(s) trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, compensation and documented expenses, disbursements and advances of each of the Trustees Trustee, any Security Registrar and any Paying Agent, their respective agents and counsel, 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 (Qimonda Finance LLC)

Trustee May Enforce Claims Without Possession of Securities. or Coupons ---------- All rights of action and claims under this Indenture, Indenture or the Securities or the Guarantee coupons may be prosecuted and enforced by the Trustees, or either of them, Trustee without the possession of any of the Securities or coupons or the production thereof in any proceeding relating thereto, and any such proceeding instituted by either or both Trustees the Trustee shall be brought in its or their own name as trustee(s) 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 each of the Trustees and their respective 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.

Appears in 1 contract

Samples: Indenture (Clearone Communications Inc)

Trustee May Enforce Claims Without Possession of Securities. or Coupons. ---------- All rights of action and claims under this Indenture, Indenture or the Securities or the Guarantee coupons may be prosecuted and enforced by the Trustees, or either of them, Trustee without the possession of any of the Securities or coupons or the production thereof in any proceeding relating thereto, and any such proceeding instituted by either or both Trustees the Trustee shall be brought in its or their own name as trustee(s) 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 each of the Trustees and their respective 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.

Appears in 1 contract

Samples: Indenture (Clearone Communications Inc)

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