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 as trustee of an express trust in favor of the Holders, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, disbursements and advances of the 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 3 contracts
Samples: Indenture (Hammond Residential LLC), Indenture (United States Filter Corp), Indenture (United States Filter Corp)
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 as trustee of an express trust in favor of the Holders, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, disbursements and advances of the Trustee, Trustee and its agents and counselcounsel and all other amounts due the Trustee under Section 7.7, 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 (Doskocil Manufacturing Co Inc), Indenture (Hallmark America Inc), Indenture (City Truck Holdings Inc)
Trustee May Enforce Claims Without Possession of. SecuritiesInvestor Certificates. ---------- All rights of action and claims under this Indenture any Pooling and --------------------- Servicing Agreement or the Securities Investor Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Securities Investor Certificates 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 in favor of the Holders, and any trustee. Any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recoveredobtained.
Appears in 2 contracts
Samples: Pooling Agreement (Huntsman Ici Chemicals LLC), Pooling Agreement (Huntsman Ici Holdings LLC)
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 as trustee of an express trust in favor of the Holders, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, disbursements and advances of the 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 (Jazz Casino Co LLC)
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 as trustee of an express trust in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, disbursements and advances of the 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 (HMC Merger Corp)
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 as trustee of an express trust in favor of the Holders, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, disbursements and advances of the Trustee, its agents and counselcounsel and all other amounts due the Trustee under Section 7.7, 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 (HMH Properties 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 as trustee of an express trust in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, disbursements and advances of the 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 (Regency Centers Lp)
Trustee May Enforce Claims Without Possession of. Securities. ---------- All rights of action and claims under this Indenture or the Securities or any coupon may be prosecuted and enforced by the 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 the Trustee shall be brought in its own name and as trustee of an express trust in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, disbursements and advances of the 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 (Viacom Inc)
Trustee May Enforce Claims Without Possession of. Securities. ---------- All rights of action and claims under this Indenture or Indenture, the Securities ---------- or any Security Guarantee 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 in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and fees, expenses, disbursements and advances of the 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 (MTL 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 in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Holders holders of the Securities in respect of which such judgment has been recovered.
Appears in 1 contract
Samples: Indenture (Atlantic Coast Entertainment Holdings Inc)
Trustee May Enforce Claims Without Possession of. Securities. ---------- All rights of action and claims under this Indenture or the ----------- Securities or the Guarantees 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 in favor of the Holderstrust, and any recovery of judgment shall, shall after provision for the payment of compensation tothe reasonable compensation, and expenses, disbursements and advances of the 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 (Crown Cork & Seal Co 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 33 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 as trustee of an express trust in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, disbursements and advances of the 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 (Seacor Smit 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 as trustee of an express trust in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, disbursements and advances of all amounts owing the Trustee, its agents and counselTrustee under Section 6.07, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 1 contract