Common use of Trustee May Enforce Claims Clause in Contracts

Trustee May Enforce Claims. without Possession of Securities or -------------------------------------------------------------- Coupons. ------- All rights of action and claims under this Indenture or any of the Securities or Coupons 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 as trustee of an express trust, and any recovery or judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder of the Securities or Coupons in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Subordinated Indenture (Partnerre LTD), Junior Subordinated Indenture (Partnerre LTD)

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Trustee May Enforce Claims. without Possession of Securities or -------------------------------------------------------------- Coupons. ------- All rights of action and claims under this Indenture or any of the Securities or Coupons 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 as trustee of an express trust, and any recovery or judgment, after provision for the payment of the reasonable compensation, expenses, disbursements disburseme nts and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder of the Securities or Coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Partnerre LTD)

Trustee May Enforce Claims. without Possession of Securities ----------------------------------------------------------- or -------------------------------------------------------------- Coupons. ------- ---------- All rights of action and claims under this Indenture or any of the Securities or Coupons 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 as trustee of an express trust, and any recovery or judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder of the Securities or Coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Partnerre LTD)

Trustee May Enforce Claims. without Possession of Securities or -------------------------------------------------------------- Coupons------------------------------------------------ Securities. ------- ---------- All rights of action and claims under this Indenture or any of the Securities or Coupons 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 as trustee of an express trust, and any recovery or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Cell Therapeutics Inc)

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Trustee May Enforce Claims. without Possession of Securities or -------------------------------------------------------------- Coupons------------------------------------------------ Securities. ------- ----------- All rights of action and claims under this Indenture or any of the Securities or Coupons 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, and any recovery or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Bally Total Fitness Holding Corp)

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