Common use of Trustee May Enforce Claims Without Possession of 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 or the Coupons, if any, appertaining thereto may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or any of such 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 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 (Fortune Brands Inc)

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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 Coupons, if any, appertaining thereto of Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or any of such 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 trusttrust in favor of the Holders of such series, 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, be for the ratable benefit of the Holders of the Securities and Coupons of such series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Sun International Hotels LTD)

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 Coupons, if any, appertaining thereto may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or any of such 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 all the amounts owing to the Trustee and any predecessor Trustee under Section 6.07 the reasonable compensation, 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 (Nationwide Financial Services Capital Trust)

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

Appears in 1 contract

Samples: Indenture (Bergen Brunswig Corp)

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