Common use of Trustee May File Proof of Claim Clause in Contracts

Trustee May File Proof of Claim. The Trustee is authorized to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel) and the Holders allowed in any judicial proceedings relative to the Company (or any other obligor upon the Notes), its creditors or its property and shall be entitled and empowered to collect, receive and distribute any money or other property payable or deliverable on any such claims and any custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee, and in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07 hereof. To the extent that the payment of any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07 hereof out of the estate in any such proceeding shall be denied for any reason, payment of the same shall be secured by a Lien on, and shall be paid out of, any and all distributions, dividends, money, securities and other properties that the Holders may be entitled to receive in such proceeding, whether in liquidation or under any plan of reorganization or arrangement or otherwise. Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.

Appears in 3 contracts

Samples: Indenture (Air Rental Supply Inc), Pacific Aerospace & Electronics Inc, Pacific Aerospace & Electronics Inc

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Trustee May File Proof of Claim. The Trustee is authorized to file such proofs In case of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel) and the Holders allowed in any judicial proceedings proceeding relative to the Company (or any other obligor upon the NotesSecurities), its creditors property or its property and creditors, the Trustee shall be entitled and empowered empowered, by intervention in such proceeding or otherwise, to collecttake any and all actions authorized under the Trust Indenture Act in order to have claims of the Holders and the Trustee allowed in any such proceeding. In particular, the Trustee shall be authorized to collect and receive and distribute any money moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the TrusteeTrustee and, and in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07 hereof607. To the extent that the payment No provision of any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07 hereof out of the estate in any such proceeding shall be denied for any reason, payment of the same shall be secured by a Lien on, and shall be paid out of, any and all distributions, dividends, money, securities and other properties that the Holders may be entitled to receive in such proceeding, whether in liquidation or under any plan of reorganization or arrangement or otherwise. Nothing herein contained this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder, Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding; provided, however, that the Trustee may, on behalf of the Holders, vote for the election of a trustee in bankruptcy or similar official and be a member of a creditors' or other similar committee.

Appears in 3 contracts

Samples: Indenture (Wendys International Inc), M I Schottenstein Homes Inc, Nuevo Energy Co

Trustee May File Proof of Claim. The Trustee is authorized to may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel) and the Holders Securityholder allowed in any judicial proceedings relative to the Company (or any other obligor upon on the NotesSecurities), its creditors or its property and shall be entitled and empowered to collect, collect and receive and distribute any money monies or other property payable or deliverable on any such claims and to distribute the same, and any custodian Custodian in any such judicial proceeding is hereby authorized by each Holder Securityholder to make such payments to the TrusteeTrustee and, and in the event that the Trustee shall consent to the making of such payments directly to the HoldersSecurityholders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07 hereof. To 9.07, and to the extent that the such payment of any such the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07 hereof out of the estate in any such proceeding proceedings shall be denied for any reason, payment of the same shall be secured by a Lien lien on, and shall be paid out of, any and all distributions, dividends, moneymonies, securities and other properties that property which the Holders Securityholders may be entitled to receive in such proceedingproceedings, whether in liquidation liquidation, or under any plan of reorganization or arrangement or otherwise. Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or the Trustee to authorize or accept or adopt on behalf of any Holder Securityholder any plan of or reorganization, arrangement, adjustment arrangement or composition affecting the Notes Securities or the rights of any HolderHolder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Appears in 1 contract

Samples: Birner Dental Management Services Inc

Trustee May File Proof of Claim. The Trustee is authorized to file such proofs In case of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel) and the Holders allowed in any judicial proceedings proceeding relative to the Company (or any other obligor upon the NotesSecurities), its creditors property or its property and creditors, the Trustee shall be entitled and empowered empowered, by intervention in such proceeding or otherwise, to collecttake any and all actions authorized under the Trust Indenture Act in order to have claims of the Holders and the Trustee allowed in any such proceeding. In particular, the Trustee shall be authorized to collect and receive and distribute any money moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the TrusteeTrustee and, and in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07 hereof607. To the extent that the payment No provision of any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07 hereof out of the estate in any such proceeding shall be denied for any reason, payment of the same shall be secured by a Lien on, and shall be paid out of, any and all distributions, dividends, money, securities and other properties that the Holders may be entitled to receive in such proceeding, whether in liquidation or under any plan of reorganization or arrangement or otherwise. Nothing herein contained this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder, Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding; provided, however, -------- -------- that the Trustee may, on behalf of the Holders, vote for the election of a trustee in bankruptcy or similar official and be a member of a creditors' or other similar committee.

Appears in 1 contract

Samples: Nuevo Energy Co

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Trustee May File Proof of Claim. The Trustee is authorized to may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel) and the Holders Securityholder allowed in any judicial proceedings relative to the Company (or any other obligor upon on the NotesSecurities), its creditors or its property and shall be entitled and empowered to collect, collect and receive and distribute any money monies or other property payable or deliverable on any such claims and to distribute the same, and any custodian Custodian in any such judicial proceeding is hereby authorized by each Holder Securityholder to make such payments to the TrusteeTrustee and, and in the event that the Trustee shall consent to the making of such payments directly to the HoldersSecurityholders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07 hereof. To 9.7, and to the extent that the such payment of any such the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07 hereof out of the estate in any such proceeding proceedings shall be denied for any reason, payment of the same shall be secured by a Lien lien on, and shall be paid out of, any and all distributions, dividends, moneymonies, securities and other properties that property which the Holders Securityholders may be entitled to receive in such proceedingproceedings, whether in liquidation liquidation, or under any plan of reorganization or arrangement or otherwise. Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or the Trustee to authorize or accept or adopt on behalf of any Holder Securityholder any plan of or reorganization, arrangement, adjustment arrangement or composition affecting the Notes Securities or the rights of any HolderHolder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Appears in 1 contract

Samples: Birner Dental Management Services Inc

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