Common use of Warrant Agent May Institute All Proceedings Clause in Contracts

Warrant Agent May Institute All Proceedings. (1) The Warrant Agent shall also have the power at any time and from time to time to institute and to maintain such suits and proceedings as it may be advised shall be necessary or advisable to preserve and protect its interests and the interests of the Warrantholders. (2) Any such suit or proceeding instituted by the Warrant Agent may be brought in the name of the Warrant Agent as trustee of an express trust, and any recovery of judgment shall be for the rateable benefit of the holders of the Warrants subject to the provisions of this Indenture. In any proceeding brought by the Warrant Agent (and also any proceeding in which a declaratory judgment of a court may be sought as to the interpretation or construction of any provision of this Indenture, to which the Warrant Agent shall be a party) the Warrant Agent shall be held to represent all the holders of the Warrants, and it shall not be necessary to make any holders of the Warrants parties to any such proceeding.

Appears in 4 contracts

Samples: Warrant Indenture (Crystallex International Corp), Warrant Indenture (World Heart Corp), Warrant Indenture (World Heart Corp)

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Warrant Agent May Institute All Proceedings. (1) The Warrant Agent shall also have the power at any time and from time to time to institute and to maintain such suits and proceedings Proceedings as it may be advised shall be necessary or advisable to preserve and protect its interests and the interests of the Warrantholders. (2) . Any such suit or proceeding Proceeding instituted by the Warrant Agent may be brought in the name of the Warrant Agent as trustee of an express trust, and any recovery of judgment shall be for the rateable benefit of the holders of the Warrants Warrantholders subject to the provisions of this Indenture. In any proceeding Proceeding brought by the Warrant Agent (and also any proceeding Proceeding in which a declaratory judgment of a court may be sought as to the interpretation or construction of any provision of this Indenture, to which the Warrant Agent shall be a party) the Warrant Agent shall be held to represent all the holders of the WarrantsWarrantholders, and it shall not be necessary to make any holders of the Warrants Warrantholders parties to any such proceedingProceeding.

Appears in 1 contract

Samples: Warrant Indenture

Warrant Agent May Institute All Proceedings. (1) The Warrant Agent shall will also have the power at any time and from time to time to institute and to maintain such suits and proceedings as it may be advised shall will be necessary or advisable to preserve and protect its interests and the interests of the Warrantholders. (2) Any such suit or proceeding instituted by the Warrant Agent may be brought in the name of the Warrant Agent as trustee of an express trust, and any recovery of judgment shall will be for the rateable benefit of the holders of the Warrants subject to the provisions of this Indenture. In any proceeding brought by the Warrant Agent (and also any proceeding in which a declaratory judgment of a court may be sought as to the interpretation or construction of any provision of this Indenture, to which the Warrant Agent shall will be a party) the Warrant Agent shall will be held to represent all the holders of the Warrants, and it shall will not be necessary to make any holders of the Warrants parties to any such proceeding.

Appears in 1 contract

Samples: Warrant Indenture

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Warrant Agent May Institute All Proceedings. (1) The Warrant Agent shall will also have the power at any time and from time to time to institute and to maintain such suits and proceedings as it may be advised shall will be necessary or advisable to preserve and protect its interests and the interests of the Warrantholders. (2) Any such suit or proceeding instituted by the Warrant Agent may be brought in the name of the Warrant Agent as trustee of an express trustAgent, and any recovery of judgment shall will be for the rateable benefit of the holders of the Warrants subject to the provisions of this Series I and Series II Warrant Indenture. In any proceeding brought by the Warrant Agent (and also any proceeding in which a declaratory judgment of a court may be sought as to the interpretation or construction of any provision of this Series I and Series II Warrant Indenture, to which the Warrant Agent shall will be a party) ), the Warrant Agent shall will be held to represent all the holders of the Warrants, and it shall will not be necessary to make any holders of the Warrants parties to any such proceeding.

Appears in 1 contract

Samples: Warrant Indenture (World Color Press Inc.)

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