Trustee May File Proofs of Claim. The Trustee 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 allowed in any judicial proceedings relative to the Company (or any other obligor on the Securities), its creditors or its property and shall be entitled and empowered to collect and receive any money or other property payable or deliverable on any such claims and to distribute the same, 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 9.7, and to the extent that such payment of the reasonable compensation, expenses, disbursements and advances in any such proceedings 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 property which the Holders may be entitled to receive in such proceedings, 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, on behalf of any Holder, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 23 contracts
Samples: Purchase Agreement (Lexar Media Inc), Indenture (Americredit Financial Services of Canada LTD), Indenture (Veritas Software Corp /De/)
Trustee May File Proofs of Claim. The Trustee may 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 Issuer (or any other obligor on upon the SecuritiesNotes including the Guarantors), its creditors or its property and shall be entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable 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 proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 23 contracts
Samples: Indenture (Cano Health, Inc.), Indenture (Healthcare Royalty, Inc.), Supplemental Indenture (Dycom Industries Inc)
Trustee May File Proofs of Claim. The Trustee may is authorized to file such proofs of claim and other papers or documents and to take such actions, including participating as a member, voting or otherwise, of any committee of creditors, 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 on the Securities), its a Subsidiary Guarantor or their respective creditors or its property properties and shall be entitled and empowered to collect collect, receive and receive distribute any money or other property payable or deliverable on any such claims and to distribute the same, and any Bankruptcy Custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07. To the extent that such the payment of the reasonable 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 out of the estate in any such proceedings 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 property properties which the Holders of the Securities may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 19 contracts
Samples: Patterson (Patterson Uti Energy Inc), Indenture (LGI Homes, Inc.), Patterson (Patterson Uti Energy Inc)
Trustee May File Proofs of Claim. The Trustee may 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 on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect participate as a member, voting or otherwise, of any official committee of creditors appointed in such matter and shall be entitled and empowered to collect, receive and distribute any money or other property payable or deliverable on any such claims and to distribute the sameclaims, and any Custodian custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07 hereof. To the extent that any such payment compensation, expenses and advances of the reasonable compensationTrustee and its agents and counsel, expenses, disbursements and advances any other amounts due the Trustee under Section 7.07 hereof out of the estate in any such proceedings proceeding, 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, moneymoneys, securities and any other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 14 contracts
Samples: Indenture (Mci Inc), Indenture (Mci Inc), Indenture (Intermedia Communications Inc)
Trustee May File Proofs of Claim. The Trustee may is authorized to file such proofs of claim and other papers or documents and to take such actions, including participating as a member, voting or otherwise, of any committee of creditors, 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 (Issuers or any other obligor on the Securities), its a Subsidiary Guarantor or their respective creditors or its property properties and shall be entitled and empowered to collect collect, receive and receive distribute any money or other property payable or deliverable on any such claims and to distribute the same, and any Bankruptcy Custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07. To the extent that such the payment of the reasonable 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 out of the estate in any such proceedings 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 property properties which the Holders of the Securities may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 12 contracts
Samples: Senior Indenture (Linn Energy, LLC), Indenture (EQT MIDSTREAM FINANCE Corp), Indenture (EQT MIDSTREAM FINANCE Corp)
Trustee May File Proofs of Claim. The Trustee may shall be authorized in its own name on behalf of the Holders of Notes and as the fondé de pouvoir (holder of the power of attorney) of the Holders of the Notes 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 on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 to make such payments to the Trustee andTrustee, 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 to the Trustee under Section 9.7, and to 7.06 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee and its agents and counsel, and any other amounts due to the Trustee under Section 7.06 hereof out of the estate in any such proceedings proceeding, 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, moneymoneys, securities and any other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 10 contracts
Samples: Indenture (Videotron Ltee), Subordination Agreement (Quebecor Media Inc), Subordination Agreement (Videotron Ltee)
Trustee May File Proofs of Claim. The Trustee may is authorized to file such proofs of claim and other papers or documents and to take such actions, including participating as a member, voting or otherwise, of any committee of creditors, 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 (Partnership or any other obligor on the Securities), its a Subsidiary Guarantor or their respective creditors or its property properties and shall be entitled and empowered to collect collect, receive and receive distribute any money or other property payable or deliverable on any such claims and to distribute the same, and any Bankruptcy Custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07. To the extent that such the payment of the reasonable 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 out of the estate in any such proceedings 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 property properties which the Holders of the Securities may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 9 contracts
Samples: Indenture (K-Sea Transportation Inc.), Indenture (K-Sea Transportation Inc.), Energy Transfer Equity, L.P.
Trustee May File Proofs of Claim. The Trustee may 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 of the Notes allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 to make such payments to the Trustee andTrustee, 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 to the Trustee under this Indenture, including without limitation, under Section 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due to the Trustee under this Indenture, including without limitation, under Section 7.07 hereof out of the estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 9 contracts
Samples: Indenture (Clearway Energy, Inc.), Indenture (Clearway Energy LLC), Indenture (Clearway Energy, Inc.)
Trustee May File Proofs of Claim. The Trustee may 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 of the Notes allowed in any judicial proceedings relative to the Company Issuer (or any other obligor on upon the SecuritiesNotes including the Guarantors), its creditors or its property and shall be entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money 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 of Notes to make such payments to the Trustee andTrustee, and in the event that the Trustee shall consent to the making of such payments directly to the HoldersHolders of the Notes, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable 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 proceedings proceeding, 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, money, securities and other property which properties that the Holders of the Notes may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder of Notes any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofof Notes, or to authorize the Trustee to vote in respect of the claim of any Holder of Notes in any such proceeding.
Appears in 8 contracts
Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)
Trustee May File Proofs of Claim. The Trustee may 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 Issuers (or any other obligor on upon the SecuritiesNotes including the Guarantors), its creditors or its property and shall be entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable 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 proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 7 contracts
Samples: Indenture (Organon & Co.), Indenture (Organon & Co.), Indenture (Organon & Co.)
Trustee May File Proofs of Claim. The Trustee may 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) ), the Agents and the Holders of the Notes allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes including the Guarantors), its creditors or its property and shall be entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money 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 to make such payments to the Trustee andTrustee, and in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee and the Agents any amount due to it them for the reasonable compensation, expenses, disbursements and advances of the Trustee, its the Agents, their agents and counsel, and any other amounts due the Trustee and the Agents under Section 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, the Agents, their agents and counsel, and any other amounts due the Trustee and the Agents under Section 7.07 hereof out of the estate in any such proceedings 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 property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 7 contracts
Samples: Indenture (Viavi Solutions Inc.), Indenture (Belden Inc.), Indenture (Belden Inc.)
Trustee May File Proofs of Claim. The Trustee may 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 of the Notes allowed in any judicial proceedings relative to the Company Issuer (or any other obligor on upon the SecuritiesNotes including the Guarantors), its creditors or its property and shall be entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07. To the extent that such the payment of the reasonable 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 out of the estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 7 contracts
Samples: SS&C Technologies Holdings Inc, Indenture (Hill-Rom Holdings, Inc.), Indenture (Hill-Rom Holdings, Inc.)
Trustee May File Proofs of Claim. The Trustee may 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 of the Securities of any series allowed in any judicial proceedings relative to the Company (Issuer or any other obligor on upon the Securities)Securities of that series, its their creditors or its their property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 of Securities of that series to make such payments to the Trustee andTrustee, and in the event that the Trustee shall consent to the making of such payments directly to the HoldersHolders of Securities of that series, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable 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 proceedings proceeding, 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, money, securities and other property which properties that the Holders of Securities of that series may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder of a Security any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder of a Security in any such proceeding.
Appears in 7 contracts
Samples: Indenture (Care Capital Properties, LP), Indenture (Care Capital Properties, LP), Indenture (Ventas Inc)
Trustee May File Proofs of Claim. The Trustee may 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 of the Notes allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.7 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.7 hereof out of the estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, 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 may be a member of the creditor's committee.
Appears in 7 contracts
Samples: RFS Hotel Investors Inc, United Musical Instruments Usa Inc, RFS Partnership Lp
Trustee May File Proofs of Claim. The Trustee may 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 Issuer (or any other obligor on upon the SecuritiesNotes including the Guarantors), its their creditors or its their property and shall be entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable 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 proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 7 contracts
Samples: Indenture (Hilton Worldwide Holdings Inc.), Indenture (Hilton Worldwide Holdings Inc.), Indenture (Hilton Worldwide Holdings Inc.)
Trustee May File Proofs of Claim. The Trustee may 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 on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect participate as a member, voting or otherwise, of any official committee of creditors appointed in such matter and shall be entitled and empowered to collect, receive and distribute any money or other property payable or deliverable on any such claims and to distribute the sameclaims, and any Custodian custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, 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 9.7, and to 5.07 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 5.07 hereof out of the estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 6 contracts
Samples: Collateral Agent Agreement (Arch Wireless Inc), Collateral Agent Agreement (Arch Wireless Inc), Collateral Agent Agreement (Arch Wireless Inc)
Trustee May File Proofs of Claim. The Trustee may 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 counselcounsel to the extent required to be paid under Section 7.07 hereof) and the Holders allowed in any judicial proceedings relative to the Company Issuer (or any other obligor on upon the SecuritiesNotes including the Guarantors), its creditors or its property and shall be entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money or other property payable or deliverable on any such claims and to distribute the sameclaims, and any Custodian custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andon behalf of such Holder, 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 counsel required to be paid under Section 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts required to be paid to the Trustee under Section 7.07 hereof out of the estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 5 contracts
Samples: Indenture (Iqvia Holdings Inc.), Indenture (Iqvia Holdings Inc.), Indenture (Quintiles IMS Holdings, Inc.)
Trustee May File Proofs of Claim. The Trustee 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 allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes, including the Guarantors), its creditors or its property and shall be is entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money or other property payable or deliverable on any such claims and to distribute the same, and any Custodian claims. Any custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, 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 and its agents and counsel, and any other amounts due the Trustee under Section 7.06 of this Indenture. 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 9.7, and to the extent that such payment 7.06 of this Indenture out of the reasonable compensation, expenses, disbursements and advances estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 5 contracts
Samples: Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.)
Trustee May File Proofs of Claim. The Trustee may for each Series of Notes 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 of the Notes of such Series allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes of such Series), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 of such Series to make such payments to the Trustee andTrustee, and in the event that the Trustee shall consent to the making of such payments directly to the HoldersHolders of such Series, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable 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 proceedings proceeding, 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, money, securities and other property which properties that the Holders of such Series may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 5 contracts
Samples: Indenture (Bally's Corp), Indenture (TimkenSteel Corp), Great Elm Group, Inc.
Trustee May File Proofs of Claim. The Trustee may 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 Issuers (or any other obligor on upon the SecuritiesNotes including the Guarantors), its their creditors or its their property and shall be entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.06 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.06 hereof out of the estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 5 contracts
Samples: Indenture (Summit Materials, Inc.), Indenture (Summit Materials, LLC), Indenture (Summit Materials, LLC)
Trustee May File Proofs of Claim. The Trustee may 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 of the Securities of any series allowed in any judicial proceedings relative to the Company (Issuer or any other obligor on upon the Securities)Securities of that series, its their creditors or its their property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 of Securities of that series to make such payments to the Trustee andTrustee, and in the event that the Trustee shall consent to the making of such payments directly to the HoldersHolders of Securities of that series, 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 9.7, and to 7.07. To the extent that such the payment of the reasonable 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 out of the estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders of Securities of that series may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder of a Security any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder of a Security in any such proceeding.
Appears in 5 contracts
Samples: Indenture (BRMK Management, Corp.), Indenture (Ventas Inc), BRMK Management, Corp.
Trustee May File Proofs of Claim. The Trustee may 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 of Notes allowed in any judicial proceedings relative to the Company (or any Guarantor or other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money or other property payable or deliverable on upon the conversion or exchange of the Notes or upon any such claims and to distribute the same, and any Custodian custodian in any such judicial proceeding is hereby authorized by each Holder of Notes to make such payments to the Trustee and, in the event that the Trustee shall expressly consent to the making of such payments directly to the HoldersHolders of Notes, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable 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 proceedings proceeding, 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, money, securities and other property which properties that the Holders of Notes may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder of Notes any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder of Notes in any such proceeding.
Appears in 5 contracts
Samples: Indenture (Vail Resorts Inc), Indenture (Vail Resorts Inc), Indenture (GHTV Inc)
Trustee May File Proofs of Claim. The Trustee may 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 compensationcompensation (as agreed in writing by the Issuers and the Trustee), expenses, disbursements and advances of the Trustee, its agents and counsel) and the Holders of the Notes allowed in any judicial proceedings relative to the Company Issuers (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 to make such payments to the Trustee andTrustee, 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 (as agreed in writing by the Issuers and the Trustee), expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under this Indenture. 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 9.7, and to the extent that such payment this Indenture out of the reasonable compensation, expenses, disbursements and advances estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 5 contracts
Samples: Indenture (Endo International PLC), Indenture (Endo International PLC), Indenture (Endo International PLC)
Trustee May File Proofs of Claim. The Trustee 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 Securityholders allowed in any judicial proceedings relative to the Company (or any other obligor on upon the Securities), its creditors or its property Property and shall be entitled and empowered to collect and receive any money moneys or other property Property payable or deliverable on any such claims and to distribute the same, and any Custodian in any such judicial proceeding proceedings is hereby authorized by each Holder Securityholder 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 HoldersSecurityholders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent and counsel, and any other amounts due the Trustee under Section 9.77.7, and unless prohibited by law or applicable regulations to the extent that such payment vote on behalf of the reasonable compensation, expenses, disbursements and advances Holders of Securities for the election of a trustee in any such proceedings 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 bankruptcy or other property which the Holders may be entitled to receive in such proceedings, whether in liquidation or under any plan of reorganization or arrangement or otherwiseperson performing similar functions. Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to, or, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder Securityholder in any such proceedingproceeding except, as aforesaid, for the election of a trustee in bankruptcy or person performing similar functions.
Appears in 5 contracts
Samples: Aircraft Second Mortgage and Security Agreement (Trans World Airlines Inc /New/), Aircraft Mortgage and Security Agreement (Trans World Airlines Inc /New/), Trans World Airlines Inc /New/
Trustee May File Proofs of Claim. The Trustee may 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 Issuers (or any other obligor on upon the SecuritiesNotes including the Guarantors), its their creditors or its their property and shall be entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable 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 proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 5 contracts
Samples: Indenture (Gates Industrial Corp PLC), Indenture (Hilton Worldwide Holdings Inc.), Indenture (Hilton Grand Vacations Inc.)
Trustee May File Proofs of Claim. The Trustee may is authorized to file such proofs of claim and other papers or documents and to take such actions, including participating as a member, voting or otherwise, of any committee of creditors, 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 (Partnership or any other obligor on the Securities), its a Subsidiary Guarantor or their respective creditors or its property properties and shall be entitled and empowered to collect collect, receive and receive distribute any money or other property payable or deliverable on any such claims and to distribute the same, and any Bankruptcy Custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07. To the extent that such the payment of the reasonable 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 out of the estate in any such proceedings 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 property properties which the Holders of the Debt Securities may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Debt Securities or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 5 contracts
Samples: Indenture (Energy Transfer LP), Indenture (Energy Transfer Partners, L.P.), Energy Transfer LP
Trustee May File Proofs of Claim. The Trustee may 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 of the Notes allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect participate as a member, voting or otherwise, of any official committee of creditors appointed in such matter and shall be entitled and empowered to collect, receive and distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable 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 proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 5 contracts
Samples: Global Crossing Holdings LTD, Metromedia Fiber Network Inc, Global Crossing LTD
Trustee May File Proofs of Claim. The Trustee may 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 (including accountants, experts or such other processionals as the Trustee deems necessary, advisable or appropriate) and counsel) and the Holders of the Notes allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled to participate as a member, voting or otherwise, of any official committee of creditors appointed in such matter and shall be entitled and empowered to collect collect, receive and receive distribute any money or other property payable or deliverable on any such claims and to distribute the sameclaims, and any Custodian custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, 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 9.7, and to 7.7. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.7 out of the estate in any such proceedings 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 property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Indenture (MxEnergy Holdings Inc), Indenture (Mobile Mini Inc), Indenture (Total Gas & Electricity (PA) Inc)
Trustee May File Proofs of Claim. The Trustee may 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 and actual out-of-pocket compensation, expenses, disbursements and advances of the Trustee, its agents and outside counsel) and the Holders of the Notes allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable any such reasonably and actual out-of-pocket compensation, expenses, disbursements and advances of the Trustee, its agents and outside counsel, and any other amounts due the Trustee under Section 7.07 hereof out of the estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc)
Trustee May File Proofs of Claim. The Trustee 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 Securityholders allowed in any judicial proceedings relative to the Company (or any other obligor on the Securities), its creditors or its property and shall be entitled and empowered to collect and receive any money monies or other property payable or deliverable on any such claims and to distribute the same, and any Custodian in any such judicial proceeding is hereby authorized by each Holder Securityholder 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 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 9.7, and to the extent that such payment of the reasonable compensation, expenses, disbursements and advances in any such proceedings 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, moneymonies, securities and other property which the Holders Securityholders may be entitled to receive in such proceedings, 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, on behalf of any HolderSecurityholder, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder Securityholder in any such proceeding.
Appears in 4 contracts
Samples: Indenture (Asc Holdings Inc), Indenture (Family Golf Centers Inc), American Skiing Co /Me
Trustee May File Proofs of Claim. The Trustee may 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 of the Notes allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.7 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.7 hereof out of the estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, 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 may be a member of the creditor’s committee.
Appears in 4 contracts
Samples: Indenture (BTG Inc /Va/), Indenture (CSK Auto Corp), Indenture (Lockheed Martin Corp)
Trustee May File Proofs of Claim. The Trustee 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 allowed in any judicial proceedings relative to the Company (or any other obligor on the Securities), its creditors or its property and shall be entitled and empowered to collect and receive any money or other property payable or deliverable on any such claims and to distribute the same, 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 9.79.07, and to the extent that such payment of the reasonable compensation, expenses, disbursements and advances in any such proceedings 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 property which the Holders may be entitled to receive in such proceedings, 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, on behalf of any Holder, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Indenture (Ask Jeeves Inc), Indenture (Thoratec Corp), Iac/Interactivecorp
Trustee May File Proofs of Claim. The Trustee may for each Series of Notes 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 of the Notes of such Series allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes of such Series), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 of such Series to make such payments to the Trustee andTrustee, and in the event that the Trustee shall consent to the making of such payments directly to the HoldersHolders of such Series, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable 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 proceedings proceeding, 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, money, securities and other property which properties that the Holders of such Series may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Indenture (Nerdwallet, Inc.), Indenture (Nerdwallet, Inc.), Indenture (Cineverse Corp.)
Trustee May File Proofs of Claim. The Trustee 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 allowed in any judicial proceedings relative to the Company (or any other obligor on the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect and receive any money or other property payable or deliverable on any such claims and to distribute the same, 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 9.77.7 hereof, and to the extent that such payment of the reasonable compensation, expenses, disbursements and advances in any such proceedings 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 property which the Holders may be entitled to receive in such proceedings, 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, on behalf of any Holder, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Bausch Health Companies (Bausch Health Companies Inc.), Bausch Health Companies (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.)
Trustee May File Proofs of Claim. The Trustee may shall be 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 or the Noteholder Collateral Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its the Noteholder Collateral Agent and their respective agents and counsel) and the Holders of the Notes allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money or other property payable or deliverable on any such claims and to distribute the same, and any Custodian custodian or trustee in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andor the Noteholder Collateral Agent, 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, the Noteholder Collateral Agent and their respective agents and counsel, and any other amounts due the Trustee or the Noteholder Collateral Agent under the Collateral Agreements and Section 7.07 (“Compensation and Indemnity”) 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 9.7, 7.07 (“Compensation and to the extent that such payment Indemnity”) hereof out of the reasonable compensation, expenses, disbursements and advances estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee or the Noteholder Collateral Agent, as the case may be, to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Intercreditor Agreement (Vantage Drilling CO), Indenture (Vantage Drilling CO), Indenture (Vantage Drilling CO)
Trustee May File Proofs of Claim. The Trustee may 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 and the Collateral Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its the Collateral Agent and their respective agents and counselcounsel to the extent required to be paid under Section 7.07 hereof) and the Holders allowed in any judicial proceedings relative to the Company Issuer (or any other obligor on upon the SecuritiesNotes including the Guarantors), its creditors or its property and shall be entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money or other property payable or deliverable on any such claims and to distribute the sameclaims, and any Custodian custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andon behalf of such Holder, and in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee and the Collateral Agent any amount due to it them for the reasonable compensation, expenses, disbursements and advances of the Trustee, its the Collateral Agent and their respective agents and counsel required to be paid under Section 7.07 hereof. To the extent that the payment of any such compensation, expenses, disbursements and advances of the Trustee, the Collateral Agent and their respective agents and counsel, and any other amounts due required to be paid to the Trustee and the Collateral Agent under Section 9.7, and to the extent that such payment 7.07 hereof out of the reasonable compensation, expenses, disbursements and advances estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, proceeding whether in liquidation or under any plan of reorganization or arrangement or otherwise. Nothing herein contained shall be deemed to authorize the Trustee or the Collateral Agent to authorize or consent to, or, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee or the Collateral Agent to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Indenture (Benefit Holding, Inc.), Indenture (Benefit Holding, Inc.), Indenture (Iqvia Holdings Inc.)
Trustee May File Proofs of Claim. The Trustee 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 properly incurred compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.05) and the Holders allowed in any judicial proceedings relative to any of the Company (Issuer or any other obligor on the Securities)Guarantors, its their creditors or its their property and shall be entitled and empowered to collect and receive and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders at their direction in any money election of a trustee in bankruptcy or other property payable or deliverable on any such claims and to distribute the samePerson performing similar functions, 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 properly incurred compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7.05. 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 to the Trustee under Section 9.7, and to the extent that such payment 7.05 hereof out of the reasonable compensation, expenses, disbursements and advances estate in any such proceedings proceeding, 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, money, securities and other property properties which the Holders may be entitled to receive in such proceedings, proceeding whether in liquidation or under any plan of reorganization or arrangement or otherwise. Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to, or, or accept or adopt on behalf of any Holder, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)
Trustee May File Proofs of Claim. The Trustee 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 properly incurred compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.05) and the Holders allowed in any judicial proceedings relative to any of the Company (Issuer or any other obligor on the Securities)Guarantors, its their creditors or its their property and shall be entitled and empowered to collect and receive and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders at their direction in any money election of a trustee in bankruptcy or other property payable or deliverable on any such claims and to distribute the samePerson performing similar functions, 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 properly incurred compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7.05. 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 to the Trustee under Section 9.7, and to the extent that such payment 7.05 hereof out of the reasonable compensation, expenses, disbursements and advances estate in any such proceedings proceeding, 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, money, money securities and other property properties which the Holders may be entitled to receive in such proceedings, proceeding whether in liquidation or under any plan of reorganization or arrangement or otherwise. Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to, or, or accept or adopt on behalf of any Holder, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Supplemental Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Carnival PLC), Indenture (Norwegian Cruise Line Holdings Ltd.)
Trustee May File Proofs of Claim. The Trustee may 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 (Issuer or any other obligor on upon the SecuritiesNotes (including the Guarantors), its their creditors or its their property and shall be entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.06 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.06 hereof out of the estate in any such proceedings proceeding 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Indenture (Clarios International Inc.), Indenture (Clarios International Inc.), Indenture (Clarios International Inc.)
Trustee May File Proofs of Claim. The Trustee 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 Securityholders allowed in any judicial proceedings relative to the Company (or any other obligor on the Securities), its creditors or its property and shall be entitled and empowered to collect and receive any money monies or other property payable or deliverable on any such claims and to distribute the same, and any Custodian in any such judicial proceeding is hereby authorized by each Holder Securityholder 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 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 9.7, and to the extent that such payment of the reasonable compensation, expenses, disbursements and advances in any such proceedings 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, moneymonies, securities and other property which the Holders Securityholders may be entitled to receive in such proceedings, 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, to or the Trustee to authorize or accept or adopt on behalf of any Holder, to authorize, accept or adopt Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder Securityholder in any such proceeding.
Appears in 4 contracts
Samples: Indenture (Waste Connections Inc/De), Indenture (Waste Connections Inc/De), Indenture (Nco Group Inc)
Trustee May File Proofs of Claim. The Trustee may is authorized to file such proofs of claim and other papers or documents and to take such actions, including participating as a member, voting or otherwise, of any committee of creditors, 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 (and any Guarantor or any other obligor on the Securities), its their respective creditors or its property properties and shall be entitled and empowered to collect collect, receive and receive distribute any money or other property payable or deliverable on any such claims and to distribute the same, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, 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 9.7, and to 6.07 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 6.07 hereof out of the estate in any such proceedings proceeding, 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, money, securities and other property properties which the Holders of the Securities may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Indenture (Environmental Procedures Inc), Indenture (Fiber Glass Systems Lp), Indenture (Pure Resources Inc)
Trustee May File Proofs of Claim. The Trustee 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 of the Notes allowed in any judicial proceedings relative to the Company Partnership (or any other obligor on upon the SecuritiesNotes, including the Subsidiary Guarantors), its creditors or its property and shall be is entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money or other property payable or deliverable on any such claims and to distribute the same, and any Custodian claims. Any custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, 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 and its agents and counsel, and any other amounts due the Trustee under Section 7.06. 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 9.7, and to the extent that such payment 7.06 out of the reasonable compensation, expenses, disbursements and advances estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Senior Notes Indenture (Equitrans Midstream Corp), Senior Notes Indenture (Equitrans Midstream Corp), Senior Notes Indenture (Equitrans Midstream Corp)
Trustee May File Proofs of Claim. The Trustee may 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), the Notes Collateral Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Notes Collateral Agent, its agents and counsel) and the Holders of the Notes allowed in any judicial proceedings relative to the Company Issuers (or any other obligor on upon the SecuritiesNotes including the Guarantors), its creditors or its property and shall be entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money 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 to make such payments to the Trustee andTrustee, 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 the Notes Collateral Agent, their agents and counsel, and any other amounts due the Trustee or Notes Collateral Agent under Section 7.07 hereof. To the extent that the payment of any such compensation, expenses, disbursements and advances of the Trustee, the Notes Collateral Agent, their agents and counsel, and any other amounts due the Trustee under Section 9.7, and to the extent that such payment 7.07 hereof out of the reasonable compensation, expenses, disbursements and advances estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Indenture (Viasat Inc), Indenture (Viasat Inc), Intercreditor Agreement
Trustee May File Proofs of Claim. The Trustee may 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 on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect participate as a member, voting or otherwise, of any official committee of creditors appointed in such matter and shall be entitled and empowered to collect, receive and distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable 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 proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Talecris Biotherapeutics Holdings Corp., Hanger Orthopedic Group Inc, Villa Pines Care LLC
Trustee May File Proofs of Claim. The Trustee may 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 of the Securities allowed in any judicial proceedings relative to the Company Issuers (or any other obligor on upon the Securities), its their creditors or its their property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 of the Securities to make such payments to the Trustee andTrustee, and in the event that the Trustee shall consent to the making of such payments directly to the HoldersHolders of the Securities, 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 9.7, and to 6.06 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 6.06 hereof out of the estate in any such proceedings proceeding, 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, money, securities and other property properties which the Holders of the Securities may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder of the Securities any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder of the Securities in any such proceeding.
Appears in 4 contracts
Samples: Indenture (Amerigas Finance Corp), Amerigas Partners Lp, Indenture (Amerigas Partners Lp)
Trustee May File Proofs of Claim. The Trustee may 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 on upon the SecuritiesNotes), its creditors or its property property, shall be entitled to participate as a member, voting or otherwise, of any official committee of creditors appointed in such matter, and shall be entitled and empowered to collect collect, receive and receive distribute any money or other securities or property payable or deliverable upon the conversion or exchange of the Notes or on any such claims and to distribute the same, and any Custodian custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, 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 9.7, and to 7.7 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.7 hereof out of the estate in any such proceedings 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, money and securities and other property which that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Toys R Us Property Co II, LLC, Toys R Us Inc, Toys R Us Property Co I, LLC
Trustee May File Proofs of Claim. The Trustee may 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 Issuer (or any other obligor on upon the SecuritiesNotes including the Guarantors), its creditors or its property and shall be entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.06 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.06 hereof out of the estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Indenture (Performance Food Group Co), Indenture (Performance Food Group Co), Indenture (Performance Food Group Co)
Trustee May File Proofs of Claim. The Trustee 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 Securityholders allowed in any judicial proceedings relative to the Company (or any other obligor on the Securities)Issuer, its creditors or its property and shall be entitled and empowered to collect and receive and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any money election of a trustee in bankruptcy or other property payable or deliverable on any such claims and to distribute the samePerson performing similar functions, 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 compensation and reasonable expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7.07. 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 9.7, and to the extent that such payment 7.07 hereof out of the reasonable compensation, expenses, disbursements and advances estate in any such proceedings 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 property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (Century Communities, Inc.)
Trustee May File Proofs of Claim. The Trustee may 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 counselcounsel and all other amounts due to the Trustee pursuant to Section 7.07 hereof) and the Holders of the Notes allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the any such 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 proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding, in each case absent express authorization from such Holder. Notwithstanding the foregoing or any proof of claim that may have been filed by the Trustee, the parties hereto acknowledge and agree that the Holder or Beneficial Owner shall have the right to participate individually in any receivership, insolvency, liquidation, bankruptcy, reorganization, concurso mercantil, quiebra, arrangement, adjustment, composition, or other judicial proceeding relative to the Company or any Guarantor or the property of the Company or such Guarantor or their creditors, to the extent such participation is permissible under applicable law, and to collect and receive any moneys or other property payable or deliverable on any such claims and to distribute the same in accordance with this Indenture.
Appears in 4 contracts
Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc)
Trustee May File Proofs of Claim. The Trustee 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 and the Agents (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its the Agents and their agents and counsel) and the Holders allowed in any judicial proceedings relative to the Company (or any other obligor on the Securities)Company, its Subsidiaries or their respective creditors or its property and shall be entitled and empowered to collect and receive properties and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any money election of a trustee in bankruptcy or other property payable or deliverable on any such claims and to distribute the samePerson performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and the Agents and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee and the Agents any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its the Agent, their agents and counsel, and any other amounts due the Trustee and the Agents under Section 9.7, and to 7.6. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, the Agents, their agents and counsel, and any other amounts due to the Trustee and the Agents under Section 7.6 out of the estate in any such proceedings proceeding 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, money, securities and other property which properties that the Holders Holder may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of or reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Samples: Indenture (Palomar Holdings, Inc.), Indenture (Heritage Insurance Holdings, Inc.), FEDERATED NATIONAL HOLDING Co
Trustee May File Proofs of Claim. The Trustee may 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 of the Guarantors (or any other obligor on upon the Securities), its Notes) or their respective creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money or other property payable or deliverable on any such claims and to distribute the same, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, and in the event that the Trustee shall will 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 9.7, and to 8.07. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 8.07 out of the estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, 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 4 contracts
Samples: Supplemental Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.)
Trustee May File Proofs of Claim. The Trustee 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, expenses disbursements and advances of the TrusteeTrustee (including counsel, its agents and counselaccountants, experts or such other professionals as the Trustee deems necessary, advisable or appropriate)) and the Holders allowed in any judicial proceedings relative to the Company (Issuers, BP I or any other obligor on the Securities)Senior Secured Note Guarantor, its their creditors or its property and their property, shall be entitled and empowered to collect and receive participate as a member, voting or otherwise, of any money official committee of creditors appointed in such matters and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other property payable or deliverable on any such claims and to distribute the samePerson performing similar functions, 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 its counsel, and any other amounts due the Trustee under Section 7.07. 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 9.7, and to the extent that such payment 7.07 hereof out of the reasonable compensation, expenses, disbursements and advances estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Senior Secured Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Reynolds Group Holdings LTD), Secured Notes Indenture (Beverage Packaging Holdings (Luxembourg) v S.A.), Stock Purchase Agreement (RenPac Holdings Inc.)
Trustee May File Proofs of Claim. The Trustee 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 allowed in any judicial proceedings relative to the Company (or any other obligor on the Securities), its creditors or its property and shall be entitled and empowered to collect and receive any money or other property payable or deliverable on any such claims and to distribute the same, 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 9.78.07, and to the extent that such payment of the reasonable compensation, expenses, disbursements and advances in any such proceedings 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 property which the Holders may be entitled to receive in such proceedings, 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, on behalf of any Holder, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, 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 (Meritor Inc), Indenture (Arvinmeritor Inc), Indenture (Arvinmeritor Inc)
Trustee May File Proofs of Claim. The Trustee may 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 counselcounsel to the extent required to be paid under Section 7.07 hereof) and the Holders allowed in any judicial proceedings relative to the Company Issuer (or any other obligor on upon the SecuritiesNotes, including the Guarantors), its creditors or its property and shall be entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money or other property payable or deliverable on any such claims and to distribute the sameclaims, and any Custodian custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andon behalf of such Holder, 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 counsel required to be paid under Section 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts required to be paid to the Trustee under Section 7.07 hereof out of the estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, 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 (Iqvia Holdings Inc.), Indenture (Iqvia Holdings Inc.), Indenture (Iqvia Holdings Inc.)
Trustee May File Proofs of Claim. The Each Trustee may and the Collateral Agent shall be 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 Trustees and the Collateral Agent, as applicable (including any claim for the reasonable compensation, expenses, disbursements and advances of the TrusteeTrustees, its the Collateral Agent and their respective agents and counsel) and the Holders of the Notes allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 to make such payments to a Trustee or the Trustee andCollateral Agent, and in the event that the Trustee Trustees shall consent to the making of such payments directly to the Holders, to pay to the each Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the TrusteeTrustees, its the Collateral Agent or their respective agents and counsel, and any other amounts due the Trustee or the Collateral Agent under the Collateral Agreements and Section 9.7, and to 7.06 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustees, their agents and counsel, and any other amounts due the Trustees under Section 7.06 hereof out of the estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, proceeding whether in liquidation or under any plan of reorganization or arrangement or otherwise. Nothing herein contained shall be deemed to authorize the Trustee Trustees to authorize or consent to, or, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee Trustees or the Collateral Agent, as the case may be, to vote in respect of the claim of any Holder in any such proceeding.
Appears in 3 contracts
Samples: Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD)
Trustee May File Proofs of Claim. The Trustee may shall be 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 of Notes of any Series allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes of any Series), its creditors assets or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 of Notes of any Series to make such payments to the Trustee andTrustee, and in the event that the Trustee shall consent to the making of such payments directly to the HoldersHolders of each such affected Series, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee and its agents and counsel, and any other amounts due the Trustee under Section 7.07 hereof out of the estate in any such proceedings proceeding, 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, moneymoneys, securities and any other property which properties that the Holders of Notes of any Series may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 3 contracts
Samples: Securities Indenture (Centene Corp), Centene Corp, Securities Indenture (Centene Corp)
Trustee May File Proofs of Claim. The Trustee may 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 of the Notes allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable 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 proceedings proceeding, shall be denied for any reason, payment of the same shall be secured by a lien Lien on, and shall be paid out of, and to secure the payment of same, the Trustee is hereby granted an interest security in, any and all distributions, dividends, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, 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 (Complete Production Services, Inc.), Indenture (Grant Prideco Inc), Grant Prideco Inc
Trustee May File Proofs of Claim. The Trustee 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 Securityholders allowed in any judicial proceedings relative to the Company (or any other obligor on upon the Securities), its creditors or its property and shall be entitled and empowered to collect and receive any money moneys or other property payable or deliverable on any such claims and to distribute the same, and any Custodian in any such judicial proceeding proceedings is hereby authorized by each Holder Securityholder 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 HoldersSecurityholders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent and counsel, and any other amounts due the Trustee under Section 9.77.7, and unless prohibited by law or applicable regulations to the extent that such payment vote on behalf of the reasonable compensation, expenses, disbursements and advances Holders of Securities for the election of a trustee in any such proceedings 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 bankruptcy or other property which the Holders may be entitled to receive in such proceedings, whether in liquidation or under any plan of reorganization or arrangement or otherwiseperson performing similar functions. Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to, or, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder Securityholder in any such proceedingproceeding except, as aforesaid, for the election of a trustee in bankruptcy or person performing similar functions.
Appears in 3 contracts
Samples: License Agreement (Trans World Airlines Inc /New/), License Agreement (Trans World Airlines Inc /New/), Trans World Airlines Inc /New/
Trustee May File Proofs of Claim. The Trustee 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 properly Incurred compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.05) and the Holders allowed in any judicial proceedings relative to any of the Company (Issuers or any other obligor on the Securities)Guarantors, its their creditors or its their property and shall be entitled and empowered to collect and receive and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders at their direction in any money election of a trustee in bankruptcy or other property payable or deliverable on any such claims and to distribute the samePerson performing similar functions, 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 properly Incurred compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7.05. 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 to the Trustee under Section 9.7, and to the extent that such payment 7.05 out of the reasonable compensation, expenses, disbursements and advances estate in any such proceedings proceeding, 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, money, money securities and other property properties which the Holders may be entitled to receive in such proceedings, proceeding whether in liquidation or under any plan of reorganization or arrangement or otherwise. Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to, or, or accept or adopt on behalf of any Holder, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereof, 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 (Ardagh Group S.A.), Indenture (Ardagh Group S.A.), Indenture (Ardagh Finance Holdings S.A.)
Trustee May File Proofs of Claim. The In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or other judicial proceeding relative to the Company or the property of the Company or its creditors, the Trustee may (irrespective of whether the principal of the Notes shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand on the Company for the payment of overdue principal or interest) shall be entitled and empowered, by intervention in such proceeding or otherwise, (1) to file and prove a claim for the whole amount of principal (including the Fundamental Change Purchase Price, if applicable) and premium, if any, and interest owing and unpaid in respect of the Notes and 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 any other amounts due to the Trustee hereunder) and of the Holders of Notes allowed in any such judicial proceedings relative to the Company proceeding, and (or any other obligor on the Securities), its creditors or its property and shall be entitled and empowered 2) to collect and receive any money moneys or other property payable or deliverable on any such claims claim and to distribute the same, ; and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding proceedings is hereby authorized by each Holder of Notes 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 HoldersHolders of Notes, 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, counsel and any other amounts due the Trustee under Section 9.7, and to the extent that such payment of the reasonable compensation, expenses, disbursements and advances in any such proceedings 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 property which the Holders may be entitled to receive in such proceedings, whether in liquidation or under any plan of reorganization or arrangement or otherwisethis Indenture. Nothing contained herein contained shall be deemed to authorize the Trustee to authorize or consent toto or accept, or, or adopt on behalf of any HolderHolder of a Note, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereof, thereof or to authorize the Trustee to vote in respect of the claim of any Holder of a Note in any such proceeding.
Appears in 3 contracts
Samples: Indenture (Mannkind Corp), Indenture (Mannkind Corp), Mannkind Corp
Trustee May File Proofs of Claim. The In case there shall be pending proceedings for the bankruptcy or for the reorganization of the Corporation or any other obligor on the Notes under Title 11, United States Code, or any other applicable law, or in case a receiver or trustee shall have been appointed for the property of the Corporation or such other obligor, or in the case of any other similar judicial proceedings relative to the Corporation or other obligor upon the Notes, or to the creditors or property of the Corporation or such other obligor, the Trustee, irrespective of whether the principal of the Notes shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee may shall have made any demand pursuant to the provisions of this Section 5.04, shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount of principal and interest owing and unpaid in respect of the Notes and, in case of any judicial proceedings, 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 amounts due to the reasonable compensation, expenses, disbursements Trustee pursuant to Section 6.06) and advances of the Trustee, its agents and counsel) and the Holders Noteholders allowed in any such judicial proceedings relative to the Company (Corporation or any other obligor on the Securities)Notes, its or to the creditors or its property of the Corporation or such other obligor, unless prohibited by applicable law and shall be entitled regulations, to vote on behalf of the holders of the Notes in any election of a trustee or a standby trustee in arrangement, reorganization, liquidation or other bankruptcy or insolvency proceedings or person performing similar functions in comparable proceedings, and empowered to collect and receive any money moneys or other property payable or deliverable on any such claims claims, and to distribute the same, same after the deduction of its charges and expenses; and any Custodian receiver, assignee or trustee in any such judicial proceeding bankruptcy or reorganization is hereby authorized by each Holder of the Noteholders to make such payments to the Trustee Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to the HoldersNoteholders, to pay to the Trustee any amount due such amounts as shall be sufficient to it for the cover reasonable compensationcompensation to, expensesand expenses of, disbursements and advances of the Trustee, its agents each predecessor Trustee and their respective agents, attorneys and counsel, and any all other amounts due to the Trustee under pursuant to Section 9.7, and to the extent that such payment of the reasonable compensation, expenses, disbursements and advances in any such proceedings 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 property which the Holders may be entitled to receive in such proceedings, whether in liquidation or under any plan of reorganization or arrangement or otherwise6.06. Nothing herein contained shall be deemed construed to authorize the Trustee to authorize or consent to, or, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Noteholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereof, holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder Noteholder in any such proceeding. All rights of action and of asserting claims under this Indenture, or under any series of the Notes, may be enforced by the Trustee without the possession of any of the Notes of such series, or the production thereof on any trial or other proceeding relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to the terms of this Indenture, be for the ratable benefit of the holders of such series of Notes. In any proceedings brought by the Trustee (and also any proceedings involving the interpretation of any provision of this Indenture to which the Trustee shall be a party), the Trustee shall be held to represent all the holders of the Notes, and it shall not be necessary to make any holders of the Notes parties to any such proceedings.
Appears in 3 contracts
Samples: Indenture (Flushing Financial Corp), Indenture (Flushing Financial Corp), Indenture (State Bancorp Inc)
Trustee May File Proofs of Claim. The Trustee 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 allowed in any judicial proceedings relative to the Company (or any other obligor on the Securities), its creditors or its property and shall be entitled and empowered to collect and receive any money or other property payable or deliverable on any such claims and to distribute the same, 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 9.712.6, and to the extent that such payment of the reasonable compensation, expenses, disbursements and advances in any such proceedings 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 property which the Holders may be entitled to receive in such proceedings, 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, on behalf of any Holder, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, 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 (Cheniere Energy Inc), Indenture (Cheniere Energy Inc), Indenture (Unisource Energy Corp)
Trustee May File Proofs of Claim. The Trustee may 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 of the Notes allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes including the Co-Issuer and the Guarantors), its creditors or its property and shall be entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable 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 proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, 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 (DJO Finance LLC), Intercreditor Agreement (DJO Finance LLC), Indenture (ReAble Therapeutics Finance LLC)
Trustee May File Proofs of Claim. The Trustee may 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 of the Notes allowed in any judicial proceedings relative to the Company Issuer (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 to make such payments to the Trustee andTrustee, 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 to the Trustee under Section 9.7, and to hereunder. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee hereunder out of the estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, 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 (Taylor Morrison Home Corp), Indenture (Taylor Morrison Home Corp), Supplemental Indenture (Taylor Morrison Home Corp)
Trustee May File Proofs of Claim. The Trustee 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 allowed in any judicial proceedings relative to the Company (or any other obligor on the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect and receive any money or other property payable or deliverable on any such claims and to distribute the same, 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 9.7, and to the extent that such payment of the reasonable compensation, expenses, disbursements and advances in any such proceedings 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 property which the Holders may be entitled to receive in such proceedings, 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, on behalf of any Holder, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Clearwire Corp), Securities Purchase Agreement (Clearwire Corp), Securities Purchase Agreement (Clearwire Corp)
Trustee May File Proofs of Claim. The Trustee may 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 and actual out-of-pocket compensation, expenses, disbursements and advances of the Trustee, its agents and outside counsel) and the Holders of the Securities allowed in any judicial proceedings relative to the Company (or any other obligor on upon the Securities), its creditors or its property and shall will be entitled and empowered to collect collect, receive and receive distribute any money 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 to make such payments to the Trustee andTrustee, and in the event that the Trustee shall will 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 9.7, and to 7.07 hereof. To the extent that such the payment of the any such reasonable and actual out-of-pocket compensation, expenses, disbursements and advances of the Trustee, its agents and outside counsel, and any other amounts due the Trustee under Section 7.07 hereof out of the estate in any such proceedings shall proceeding, will be denied for any reason, payment of the same shall will be secured by a lien on, and shall will be paid out of, any and all distributions, dividends, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, proceeding whether in liquidation or under any plan of reorganization or arrangement or otherwise. Nothing herein contained shall will be deemed to authorize the Trustee to authorize or consent to, or, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereofHolder, 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 (Metropcs Communications Inc), Indenture (MetroPCS Finance, Inc.), Indenture (MetroPCS Finance, Inc.)
Trustee May File Proofs of Claim. The In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or other judicial proceeding relative to the Company or any other obligor upon the Securities or the property of the Company or of such other obligor or their creditors, the Trustee (irrespective of whether the principal of the Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand on the Company for the payment of overdue principal, premium, if any, or interest) shall be entitled and empowered, by intervention in such proceeding or otherwise, (i) to file a proof of claim for the whole amount of principal (and premium, if any), or such portion of the principal amount of any series of Original Issue Discount Securities or Indexed Securities as may be specified in the terms of such series, and interest, if any, owing and unpaid in respect of the Securities and 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 of the Holders allowed in any such judicial proceedings relative to the Company proceeding, and (or any other obligor on the Securities), its creditors or its property and shall be entitled and empowered ii) to collect and receive 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 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 9.7, and to the extent that such payment of the reasonable compensation, expenses, disbursements and advances in any such proceedings 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 property which the Holders may be entitled to receive in such proceedings, whether in liquidation or under any plan of reorganization or arrangement or otherwisehereunder. Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to, or, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 3 contracts
Samples: Taseko Mines LTD, High Tide Inc., Northern Dynasty Minerals LTD
Trustee May File Proofs of Claim. The Trustee 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 allowed in any judicial proceedings relative relating to the Company (or any other obligor on the Securities)Issuers, its their creditors or its their property and shall be entitled and empowered to collect and receive 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 proceedings 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 agent and counsel, and any other amounts due the Trustee under Section 7.07. To the extent that the payment of any such compensation, expenses, disbursements and advances of the Trustee, their respective agents and counsel, and any other amounts due the Trustee under Section 9.7, and to the extent that such payment or Agent hereunder out of the reasonable compensation, expenses, disbursements and advances estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding. The Trustee shall be entitled to participate as a member of any official committee of creditors in the matters as it deems necessary or advisable.
Appears in 3 contracts
Samples: Supplemental Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.)
Trustee May File Proofs of Claim. The Trustee 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 of the Notes allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes, including the Guarantors), its creditors or its property and shall be is entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money or other property payable or deliverable on any such claims and to distribute the same, and any Custodian claims. Any custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, 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 and its agents and counsel, and any other amounts due the Trustee under Section 7.07. 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 9.7, and to the extent that such payment 7.07 out of the reasonable compensation, expenses, disbursements and advances bankruptcy estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, 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 (Concordia Healthcare Corp.), Indenture (Concordia Healthcare Corp.), Pledge and Security Agreement (Concordia International Corp.)
Trustee May File Proofs of Claim. The In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or other judicial proceeding relative to the Company or the property of the Company or its creditors, the Trustee may (irrespective of whether the principal of the Notes (including the Fundamental Change Repurchase Price, if applicable) shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand on the Company for the payment of overdue principal or interest) shall be entitled and empowered, by intervention in such proceeding or otherwise, (1) to file and prove a claim for the whole amount of principal (including the Fundamental Change Repurchase Price, if applicable) and interest owing and unpaid in respect of the Notes and 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 any other amounts due to the Trustee hereunder) and of the Holders of Notes allowed in any such judicial proceedings relative to the Company proceeding, and (or any other obligor on the Securities), its creditors or its property and shall be entitled and empowered 2) to collect and receive any money moneys or other property payable or deliverable on any such claims claim and to distribute the same, ; and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding proceedings is hereby authorized by each Holder of Notes 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 HoldersHolders of Notes, 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, counsel and any other amounts due the Trustee under Section 9.7, and to the extent that such payment of the reasonable compensation, expenses, disbursements and advances in any such proceedings 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 property which the Holders may be entitled to receive in such proceedings, whether in liquidation or under any plan of reorganization or arrangement or otherwisethis Indenture. Nothing contained herein contained shall be deemed to authorize the Trustee to authorize or consent toto or accept, or, or adopt on behalf of any HolderHolder of a Note, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereof, thereof or to authorize the Trustee to vote in respect of the claim of any Holder of a Note in any such proceeding.
Appears in 3 contracts
Samples: Greenbrier Companies Inc, Indenture (Cenveo, Inc), Indenture (Greenbrier Companies Inc)
Trustee May File Proofs of Claim. The Trustee may 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 Issuers (or any other obligor on upon the Securities), its their respective creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 to make such payments to the Trustee 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 9.7, and to 5.6 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 5.6 hereof out of the estate in any such proceedings proceeding, 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, money, securities and other property properties which the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding. If the Trustee does not file a proper claim or proof of debt in the form required in any such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the Credit Agent shall have the right to file and is hereby authorized to file an appropriate claim for and on behalf of the Holders.
Appears in 3 contracts
Samples: Indenture (Dennys Holdings Inc), Indenture (Dennys Holdings Inc), Indenture (Advantica Restaurant Group Inc)
Trustee May File Proofs of Claim. The Trustee 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 allowed in any judicial proceedings relative to the Company Issuer or the Guarantors (or any other obligor on the Securities), its creditors or its property and shall be entitled and empowered to collect and receive any money or other property payable or deliverable on any such claims and to distribute the same, and any Custodian receiver 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 to the Trustee under Section 9.78.07, and to the extent that such payment of the reasonable compensation, expenses, disbursements and advances in any such proceedings 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 property which the Holders may be entitled to receive in such proceedings, 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, on behalf of any Holder, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, 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 (Northstar Realty Finance Corp.), Indenture (Northstar Realty Finance Corp.), Indenture (Northstar Realty)
Trustee May File Proofs of Claim. The Trustee may 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 and the Collateral Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, the Collateral Agent, its agents and counsel) and the Holders of Notes allowed in any judicial proceedings relative to the Company Issuers (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 to make such payments to the Trustee andTrustee, 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, the Collateral Agent, its agents and counsel, and any other amounts due the Trustee or the Collateral Agent under Section 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, the Collateral Agent, its agents and counsel, and any other amounts due the Trustee or the Collateral Agent under Section 7.07 hereof out of the estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, 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 (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP), Indenture (NGL Energy Partners LP)
Trustee May File Proofs of Claim. The Trustee may 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 compensationcompensation (as agreed in writing by the Issuers and the Trustee), expenses, disbursements and advances of the Trustee, its agents and counsel) and the Holders allowed in any judicial proceedings relative to the Company Issuers (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 to make such payments to the Trustee andTrustee, 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 (as agreed in writing by the Issuers and the Trustee), expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under this Indenture. 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 9.7, and to the extent that such payment this Indenture out of the reasonable compensation, expenses, disbursements and advances estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 3 contracts
Samples: Paying Agent (Endo International PLC), Supplemental Indenture (Endo International PLC), Collateral Trust Agreement (Endo International PLC)
Trustee May File Proofs of Claim. The In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or other judicial proceeding relating to the Company, the Guarantors or any other obligor upon the Securities, or the property of the Company, the Guarantors or of such other obligor or their creditors, the Trustee shall be entitled and empowered, by intervention in such proceeding or otherwise, to take 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 file and prove a claim for the whole amount, or such lesser amount as may be provided for in the Securities, of principal and premium, if any, and interest owing and unpaid in respect of the Securities and 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 of the Holders allowed in any such judicial proceedings relative to the Company (or any other obligor on the Securities), its creditors or its property proceeding; and shall be entitled and empowered to collect and receive 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 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 9.7, and to the extent that such payment 6.07. No provision of the reasonable compensation, expenses, disbursements and advances in any such proceedings 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 property which the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, 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: O&M Halyard, Inc., Owens & Minor Inc/Va/, Owens & Minor Distribution, Inc.
Trustee May File Proofs of Claim. The Trustee may 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 (including accountants, experts or such other processionals as the Trustee deems necessary, advisable or appropriate) and counsel) counsel and the Holders of the Notes allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money or other property payable or deliverable on any such claims and to distribute the sameclaims, and any Custodian custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, 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 9.7, and to 7.7. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.7 out of the estate in any such proceedings 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 property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, 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 (Davis-Standard CORP), Indenture (Davis-Standard CORP), Town Sports International Inc
Trustee May File Proofs of Claim. The Trustee may 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 of the Notes allowed in any judicial proceedings relative to the Company Issuer (or any other obligor on upon the SecuritiesNotes), its the Issuer’s creditors or its the Issuer’s property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 of a Note to make such payments to the Trustee andTrustee, and in the event that the Trustee shall consent to the making of such payments directly to the HoldersHolders of the Notes, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable 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 proceedings proceeding, 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, money, securities and other property properties which the Holders of the Notes may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder of a Note any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder of a Note thereof, or to authorize the Trustee to vote in respect of the claim of any Holder of a Note in any such proceeding.
Appears in 3 contracts
Samples: Contingent Value Rights Agreement (Akumin Inc.), Supplemental Indenture (Akumin Inc.), Akumin Inc.
Trustee May File Proofs of Claim. The Trustee 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 allowed in any judicial proceedings relative to the Company (or any other obligor on the Securities), its creditors or its property and shall be entitled and empowered to collect and receive any money or other property payable or deliverable on any such claims and to distribute the samesame and to take any other action with respect to such claims, including participation as a member of any official committee of creditors appointed in the matters as it deems necessary or advisable, 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 9.7, and to the extent that such payment of the reasonable compensation, expenses, disbursements and advances in any such proceedings 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 property which the Holders may be entitled to receive in such proceedings, 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, on behalf of any Holder, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 3 contracts
Samples: Registration Rights Agreement (Citigroup Inc), Citigroup Inc, Brooks Automation Inc
Trustee May File Proofs of Claim. The Trustee may 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 on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect participate as a member, voting or otherwise, of any official committee of creditors appointed in such matter and shall be entitled and empowered to collect, receive and distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07 hereof. To the extent that any such payment compensation, expenses and advances of the reasonable compensationTrustee and its agents and counsel, expenses, disbursements and advances any other amounts due the Trustee under Section 7.07 hereof out of the estate in any such proceedings proceeding, 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, moneymoneys, securities and any other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 3 contracts
Samples: S&c Resale Co, S&c Holdco 3 Inc, S&c Resale Co
Trustee May File Proofs of Claim. The Trustee 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, taxes, disbursements and advances of the Trustee, its agents and counsel) and the Holders Securityholders allowed in any judicial proceedings relative relating to the Company (or any other obligor on upon the Securities), its any of their respective creditors or its property any of their respective property, and shall be entitled and empowered to collect and receive any money monies or other property payable or deliverable on any such claims and to distribute the same, and any Custodian in any such judicial proceeding proceedings is hereby authorized by each Holder Securityholder 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 HoldersSecurityholders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, taxes, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 9.7, and to the extent that such 7.07. The Company's payment of the reasonable compensation, expenses, disbursements and advances in any such proceedings shall be denied for any reason, payment of the same obligations under this Section 6.09 shall be secured by a lien on, and shall be paid out of, any and all distributions, dividends, money, securities and other property which in accordance with the Holders may be entitled to receive in such proceedings, whether in liquidation or under any plan provisions of reorganization or arrangement or otherwiseSection 7.07. Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to, or, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder Securityholder in any such proceeding.
Appears in 3 contracts
Samples: Amcast Radio Sales Inc, Chancellor Media Mw Sign Corp, Chancellor Media Mw Sign Corp
Trustee May File Proofs of Claim. The Trustee 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 properly Incurred compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.05) and the Holders allowed in any judicial proceedings relative to any of the Company (Issuers or any other obligor on the Securities)Guarantors, its their creditors or its their property and shall be entitled and empowered to collect and receive and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders at their direction in any money election of a trustee in bankruptcy or other property payable or deliverable on any such claims and to distribute the samePerson performing similar functions, 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 properly Incurred compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7.05. 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 to the Trustee under Section 9.7, and to the extent that such payment 7.05 hereof out of the reasonable compensation, expenses, disbursements and advances estate in any such proceedings proceeding, 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, money, money securities and other property properties which the Holders may be entitled to receive in such proceedings, proceeding whether in liquidation or under any plan of reorganization or arrangement or otherwise. Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to, or, or accept or adopt on behalf of any Holder, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 3 contracts
Samples: Senior Indenture (Ardagh Finance Holdings S.A.), Senior Indenture (Ardagh Finance Holdings S.A.), Secured Indenture (Ardagh Finance Holdings S.A.)
Trustee May File Proofs of Claim. The In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or other judicial proceeding relative to the Company or the property of the Company or its creditors, the Trustee may (irrespective of whether the principal of the Notes (including the Fundamental Change Repurchase Price, if applicable) shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand on the Company for the payment of overdue principal or interest) shall be entitled and empowered, by intervention in such proceeding or otherwise, (1) to file and prove a claim for the whole amount of principal (including the Fundamental Change Repurchase Price, if applicable) and interest owing and unpaid in respect of the Notes and 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 any other amounts due to the Trustee hereunder) and of the Holders of Notes allowed in any such judicial proceedings relative to the Company proceeding, and (or any other obligor on the Securities), its creditors or its property and shall be entitled and empowered 2) to collect and receive any money moneys or other property payable or deliverable on any such claims claim and to distribute the same, ; and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding proceedings is hereby authorized by each Holder of Notes 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 HoldersHolders of Notes, 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 this Indenture. 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 9.7, and to the extent that such payment out of the reasonable compensation, expenses, disbursements and advances estate in any such proceedings proceeding, shall be denied unpaid 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 property which properties that the Holders may be entitled to receive in such proceedings, proceeding whether in liquidation or under any plan of reorganization or arrangement or otherwise. Nothing contained herein contained shall be deemed to authorize the Trustee to authorize or consent toto or accept, or, or adopt on behalf of any HolderHolder of a Note, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereof, thereof or to authorize the Trustee to vote in respect of the claim of any Holder of a Note in any such proceeding.
Appears in 2 contracts
Samples: First Supplemental Indenture (Greenbrier Companies Inc), Indenture (Greenbrier Companies Inc)
Trustee May File Proofs of Claim. The Trustee 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 Securityholders allowed in any judicial proceedings relative to the Company (or any other obligor on the Securities)Issuer, its creditors or its property and shall be entitled and empowered to collect and receive any money or other property payable or deliverable on any such claims and to distribute the same, and any Custodian custodian in any such judicial proceeding proceedings is authorized 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 to the Trustee under Section 9.7, and to 7.7. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.7 hereof out of the estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, liquidation, arrangement, adjustment or composition affecting the Securities or the rights of any 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 may be a member of the creditors' committee.
Appears in 2 contracts
Samples: Senior Indenture (Mesa Inc), Mesa Inc
Trustee May File Proofs of Claim. The Trustee may 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 of the Notes allowed in any judicial proceedings relative to the Company Issuer (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect participate as a member in any official committee of creditors appointed in such matter and to collect, receive and distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable 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 proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Samples: Indenture (Hca Inc/Tn), HCA Holdings, Inc.
Trustee May File Proofs of Claim. The Trustee may 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, fees, expenses, disbursements and advances of the Trustee, its agents and counsel) and the Holders of the Notes allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 to make such payments to the Trustee andTrustee, 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, fees, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 9.7, and to or in connection with this Indenture. To the extent that such the payment of the reasonable any such compensation, fees, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under or in connection with this Indenture out of the estate in any such proceedings proceeding, shall be denied for any reason, payment of the same shall be secured by a lien perfected, first priority Lien on, and shall be paid out of, any and all distributions, dividends, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, proceeding whether in liquidation or under any plan of reorganization or arrangement or otherwise, and such Lien in favor of a predecessor Trustee shall be senior to the Lien in favor of the current Trustee. Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to, or, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Samples: Supplemental Indenture (Local Insight Yellow Pages, Inc.), Clearview Cinema Group Inc
Trustee May File Proofs of Claim. The Subject to the terms of the Intercreditor Agreement and the Collateral Documents, the Trustee may 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 of the Notes allowed in any judicial proceedings relative to the Company Co-Obligors or any Guarantor (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money or other securities or 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 to make such payments to the Trustee andTrustee, 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 9.77.07 hereof. Subject to the terms of the Intercreditor Agreement and the Collateral Documents, and to the extent that such the payment of the reasonable 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 proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Samples: Indenture (Duane Reade), Indenture (Duane Reade Holdings Inc)
Trustee May File Proofs of Claim. The Trustee may 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 Issuer (or any other obligor on upon the SecuritiesNotes), its creditors or its property Property and shall be entitled and empowered to collect participate as a member, voting or otherwise, of any official committee of creditors appointed in such matter and shall be entitled and empowered to collect, receive and distribute any money or other property Property payable or deliverable on any such claims and to distribute the same, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07 hereof. To the extent that any such payment compensation, expenses and advances of the reasonable compensationTrustee and its agents and counsel, expenses, disbursements and advances any other amounts due the Trustee under Section 7.07 hereof out of the estate in any such proceedings proceeding, 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, moneymoneys, securities and any other property which Properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Samples: Indenture (GameStop Corp.), Indenture (GameStop Corp.)
Trustee May File Proofs of Claim. The Trustee may 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, fees, expenses, disbursements and advances of the Trustee, its agents and counsel) and the Holders of the Notes allowed in any judicial proceedings relative to the Company Issuers (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 to make such payments to the Trustee andTrustee, 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, fees, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 9.7, and to or in connection with this Indenture. To the extent that such the payment of the reasonable any such compensation, fees, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under or in connection with this Indenture out of the estate in any such proceedings proceeding, shall be denied for any reason, payment of the same shall be secured by a lien perfected, first priority Lien on, and shall be paid out of, any and all distributions, dividends, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, proceeding whether in liquidation or under any plan of reorganization or arrangement or otherwise, and such Lien in favor of a predecessor Trustee shall be senior to the Lien in favor of the current Trustee. Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to, or, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Samples: Alliance Laundry Holdings LLC, Alliance Laundry Holdings LLC
Trustee May File Proofs of Claim. The Trustee may 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 Issuers, the Subsidiary Guarantors (or any other obligor on upon the SecuritiesNotes), its their creditors or its their property and shall be entitled and empowered to collect participate as a member, voting or otherwise, of any official committee of creditors appointed in such matter and shall be entitled and empowered to collect, receive and distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to hereunder. To the extent that any such payment compensation, expenses and advances of the reasonable compensationTrustee and its agents and counsel, expenses, disbursements and advances any other amounts due the Trustee hereunder out of the estate in any such proceedings proceeding, 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, moneymoneys, securities and any other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Samples: Execution Version, Execution Version
Trustee May File Proofs of Claim. The Trustee may 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 of any series of Notes allowed in any judicial proceedings relative to the Company or any Guarantor (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money or other securities or 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 of Notes of such series to make such payments to the Trustee andTrustee, and in the event that the Trustee shall consent to the making of such payments directly to the HoldersHolders of Notes of such series, 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 9.7, and to 7.07. To the extent that such the payment of the reasonable 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 out of the estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders of Notes of such series may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Samples: Indenture (California Resources Corp), Indenture (Occidental Petroleum Corp /De/)
Trustee May File Proofs of Claim. The Trustee 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 counselTrustee Expenses) and the Holders allowed in any Insolvency or Liquidation Proceeding or other judicial proceedings proceeding relative to the Company (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute to Holders any money or other property payable or deliverable on any such claims and to distribute the same, and each Holder authorizes any Custodian in any such Insolvency or Liquidation Proceeding or other judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, in the event that and if the Trustee shall consent to the making of such payments directly to the Holders any such Custodian is hereby authorized to make such payments directly to the Holders, and to pay to the Trustee any amount due to it hereunder for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counselTrustee Expenses, and any other amounts due the Trustee under Section 9.7, and to 7.07. To the extent that such the payment of any such Trustee Expenses, and any other amounts due the reasonable compensation, expenses, disbursements and advances Trustee under Section 7.07 out of the estate in any such proceedings proceeding, 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, money, securities and other property properties which the Holders may be entitled to receive in such proceedingsproceeding, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceedingInsolvency or Liquidation Proceeding.
Appears in 2 contracts
Samples: Indenture (Gfsi Inc), Indenture (Gfsi Inc)
Trustee May File Proofs of Claim. The Trustee 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 any other amounts due the Trustee under Section 7.07) and the Holders allowed in any judicial proceedings relative to the Company (or any other obligor on of the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect and receive any money monies, securities or other property payable or deliverable on upon conversion or exchange of the Notes or upon 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 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 9.7, and to 7.07. To the extent that such the payment of the reasonable 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 proceedings proceeding, shall be denied unpaid 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 property which properties that the Holders may be entitled to receive in such proceedings, proceeding whether in liquidation or under any plan of reorganization or arrangement or otherwise. Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to, or, or accept or adopt on behalf of any Holder, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding; provided, however, the Trustee may vote for the election of a trustee in bankruptcy or similar person and be a member of a creditors’ or other similar committee.
Appears in 2 contracts
Samples: Supplemental Indenture (Steel Dynamics Inc), Execusion Version (Steel Dynamics Inc)
Trustee May File Proofs of Claim. The Trustee may 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 and Notes Collateral Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its Notes Collateral Agent and their agents and counsel) and the Holders of the Notes allowed in any judicial proceedings relative to the Company Issuer or any Guarantor (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money 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 to make such payments to the Trustee andTrustee, and in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee and Notes Collateral Agent any amount due to it each of them for the reasonable compensation, expenses, disbursements and advances of the Trustee, Notes Collateral Agent, their agents and counsel, and any other amounts due the Trustee and Notes Collateral Agent 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 and Notes Collateral Agent under Section 9.7, and to the extent that such payment 7.07 hereof out of the reasonable compensation, expenses, disbursements and advances estate in any such proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Samples: Imola Merger Corporation (Ingram Micro Holding Corp), Imola Merger Corporation (Ingram Micro Holding Corp)
Trustee May File Proofs of Claim. The In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or other judicial proceeding relative to the Company or the property of the Company or its creditors, the Trustee may (irrespective of whether the principal of the Notes shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand on the Company for the payment of overdue principal or interest) shall be entitled and empowered, by intervention in such proceeding or otherwise, (1) to file and prove a claim for the whole amount of principal (including the Redemption Price and the Fundamental Change Purchase Price, if applicable) and premium, if any, and interest owing and unpaid in respect of the Notes and 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 any other amounts due to the Trustee hereunder) and of the Holders of Notes allowed in any such judicial proceedings relative to the Company proceeding, and (or any other obligor on the Securities), its creditors or its property and shall be entitled and empowered 2) to collect and receive any money moneys or other property payable or deliverable on any such claims claim and to distribute the same, ; and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding proceedings is hereby authorized by each Holder of Notes 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 HoldersHolders of Notes, 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, counsel and any other amounts due the Trustee under Section 9.7, and to the extent that such payment of the reasonable compensation, expenses, disbursements and advances in any such proceedings 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 property which the Holders may be entitled to receive in such proceedings, whether in liquidation or under any plan of reorganization or arrangement or otherwisethis Indenture. Nothing contained herein contained shall be deemed to authorize the Trustee to authorize or consent toto or accept, or, or adopt on behalf of any HolderHolder of a Note, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereof, thereof or to authorize the Trustee to vote in respect of the claim of any Holder of a Note in any such proceeding.
Appears in 2 contracts
Samples: Indenture (Mannkind Corp), Indenture (Mannkind Corp)
Trustee May File Proofs of Claim. The Trustee may is authorized (a) to file proofs of claim for the whole amount of the principal of, premium, if any, interest and Liquidated Damages, if any, on the Subordinated Notes and to file such proofs proof 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 of the Subordinated Notes allowed in any such judicial proceedings relative and (b) to the Company (or any other obligor on the Securities)collect, its creditors or its property receive and shall be entitled and empowered to collect and receive distribute any money 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.07 hereof. To the extent that such the payment of the reasonable 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 proceedings proceeding, 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, money, securities and other property which properties that the Holders may be entitled to receive in such proceedings, proceeding whether in liquidation or under any plan of reorganization or arrangement or otherwise, prior to any payment to such Holder. Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to, or, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Subordinated Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Samples: Indenture (Sf Holdings Group Inc), Indenture (Sf Holdings Group Inc)
Trustee May File Proofs of Claim. The Trustee 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 allowed in any judicial proceedings relative to the Company (or any other obligor on the SecuritiesSecurities or the Guarantee), its creditors or its property and shall be entitled and empowered to collect and receive any money or other property payable or deliverable on any such claims and to distribute the same, and any Custodian Receiver 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 9.79.07, and to the extent that such payment of the reasonable compensation, expenses, disbursements and advances in any such proceedings 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 property which the Holders may be entitled to receive in such proceedings, 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, on behalf of any Holder, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Samples: Indenture (Bowater Inc), Indenture (AbitibiBowater Inc.)
Trustee May File Proofs of Claim. The Trustee 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 any other amounts due the Trustee under Section 7.6) and the Holders allowed in any judicial proceedings relative to the Company (Issuers or any other obligor on the Securities)Subsidiary Guarantor, its their creditors or its their property and shall be entitled and empowered to collect and receive and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders at their direction in any money election of a trustee in bankruptcy or other property payable or deliverable on any such claims and to distribute the samePerson performing similar functions, and any Custodian 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 its counsel, and any other amounts due the Trustee under Section 7.6. The Trustee shall be entitled and empowered to participate as a member of any official committee of creditors appointed in any such matter. 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 9.7, and to the extent that such payment 7.6 hereof out of the reasonable compensation, expenses, disbursements and advances estate in any such proceedings 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 property which properties that the Holders may be entitled to receive in such proceedings, proceeding whether in liquidation or under any plan of reorganization or arrangement or otherwise. Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to, or, or accept or adopt on behalf of any Holder, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Trustee May File Proofs of Claim. The Trustee 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 counselTrustee Expenses) and the Holders allowed in any Insolvency or Liquidation Proceeding or other judicial proceedings proceeding relative to the Company (or any other obligor on upon the Securities), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute to Holders any money or other property payable or deliverable on any such claims and to distribute the same, and each Holder authorizes any Custodian in any such Insolvency or Liquidation Proceeding or other judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, in the event that and if the Trustee shall consent to the making of such payments directly to the Holders any such Custodian is hereby authorized to make such payments directly to the Holders, and to pay to the Trustee any amount due to it hereunder for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counselTrustee Expenses, and any other amounts due the Trustee under Section 9.7, and to 7.07. To the extent that such the payment of any such Trustee Expenses, and any other amounts due the reasonable compensation, expenses, disbursements and advances Trustee under Section 7.07 out of the estate in any such proceedings proceeding, 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, money, securities and other property properties which the Holders may be entitled to receive in such proceedingsproceeding, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceedingInsolvency or Liquidation Proceeding.
Appears in 2 contracts
Samples: Indenture (Jordan Industries Inc), Jordan Industries Inc
Trustee May File Proofs of Claim. The Trustee may 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 (including accountants, experts or such other professionals as the Trustee deems necessary, advisable or appropriate) and counsel) counsel and the Holders of the Notes allowed in any judicial proceedings relative to the Company (or any other obligor on upon the SecuritiesNotes), its creditors or its property and shall be entitled and empowered to collect collect, receive and receive distribute any money or other property payable or deliverable on any such claims and to distribute the sameclaims, and any Custodian custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, 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 9.7, and to 7.7. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.7 out of the estate in any such proceedings 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 property which properties that the Holders may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereofHolder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Samples: Indenture (Crum & Forster Holdings Corp), Crum & Forster Holdings Corp
Trustee May File Proofs of Claim. The Trustee may 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 counselcounsel and any other amounts due the Trustee under Section 7.7 hereof) and the Holders allowed in any judicial proceedings relative to the Company any Issuer or any Guarantor (or any other obligor on upon the SecuritiesNotes), its their creditors or its their property and shall be entitled and empowered to collect collect, receive and receive distribute any money or securities 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 to make such payments to the Trustee andTrustee, 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 9.7, and to 7.7 hereof. To the extent that such the payment of the reasonable any such compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.7 hereof out of the estate in any such proceedings proceeding 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, money, securities and other property which properties that the Holders of the Notes may be entitled to receive in such proceedings, 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, to or accept or adopt on behalf of any Holder, to authorize, accept or adopt Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities Notes or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Samples: Supplemental Indenture (Meristar Hospitality Corp), Credit Agreement (Meristar Hospitality Corp)