Common use of Indenture Trustee May Enforce Claims Without Possession of Notes Clause in Contracts

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or any of the Notes may be prosecuted and enforced by the Indenture Trustee without the possession of any of the Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding instituted by the Indenture Trustee, at the written direction of the Holders of Notes representing more than 50% of the Class Note Balance of the Outstanding Notes shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered after payment of amounts required to be paid pursuant to paragraph (i) of Section 5.07 hereof.

Appears in 15 contracts

Sources: Indenture (NovaStar Certificates Financing LLC), Indenture (Accredited Mortgage Loan Trust 2005-1), Indenture (Accredited Mortgage Loan Trust 2004-4)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or any of the Notes may be prosecuted and enforced by the Indenture Trustee without the possession of any of the Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding instituted by the Indenture Trustee, at the written direction of the Holders of Notes representing more than 50% of the Class Note Balance of the Outstanding Notes Insurer, shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be for the ratable benefit of the Holders of the Notes and the Note Insurer in respect of which such judgment has been recovered after payment of amounts required to be paid pursuant to paragraph clause (ia) of Section 5.07 hereof.

Appears in 13 contracts

Sources: Indenture (Prudential Securities Secured Financing Corp), Indenture (Prudential Securities Secured Financing Corp), Indenture (Morgan Stanley Abs Capital I Inc)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or any of the Notes may be prosecuted and enforced by the Indenture Trustee without the possession of any of the Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding instituted by the Indenture Trustee, at the written direction of the Holders of Notes representing more than 50% of the Class Note Balance of the Outstanding Notes Insurer, shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be for the ratable benefit of the Holders of the Notes and the Note Insurer in respect of which such judgment has been recovered after payment of amounts required to be paid pursuant to paragraph clause (i) of Section 5.07 hereof5.07.

Appears in 11 contracts

Sources: Indenture (Wachovia Mortgage Loan Trust, LLC), Indenture (Wachovia Mortgage Loan Trust, LLC), Indenture (Wachovia Asset Funding Trust, LLC)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or any of the Notes may be prosecuted and enforced by the Indenture Trustee without the possession of any of the Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding instituted by the Indenture Trustee, at the written direction of the Holders of Notes representing more than 50% of the Class Note Balance of the Outstanding Notes Insurer, shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be for the ratable benefit of the Holders of the Notes and the Note Insurer in respect of which such judgment has been recovered after payment of amounts required to be paid pursuant to paragraph (ia) of Section 5.07 hereof.

Appears in 8 contracts

Sources: Indenture (Accredited Mortgage Loan Trust 2004-2), Indenture (Accredited Home Lenders Inc Mortgage Loan Trust 2004-1), Indenture (Accredited Mortgage Loan Trust 2003-3)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or any of the Notes may be prosecuted and enforced by the Indenture Trustee without the possession of any of the Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding instituted by the Indenture Trustee, at the written direction of the Holders of Notes representing more than 50% of the Class Note Balance of the Outstanding Notes Insurer, shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be for the ratable benefit of the Holders of the Notes and the Note Insurer in respect of which such judgment has been recovered after payment of amounts required to be paid pursuant to paragraph (ia) of Section 5.07 hereof.

Appears in 3 contracts

Sources: Indenture (Accredited Home Lenders Inc), Indenture (Accred Home LNDRS Inc Ac Mor Ln Tr 2002-1 as Bk Nt Se 2002-1), Indenture (Accred Home LNDRS Inc Ac Mor Ln Tr 2002-1 as Bk Nt Se 2002-1)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or any of the Notes may be prosecuted and enforced by the Indenture Trustee without the possession of any of the Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding instituted by the Indenture Trustee, Trustee at the written direction of the Holders of Notes representing more than 50% of the Class Note Balance of the Outstanding Notes Insurer shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be for the ratable benefit of the Holders of the related Class of Notes and the Note Insurer in respect of which such judgment has been recovered after payment of amounts required to be paid pursuant to paragraph clause (ia) of Section 5.07 hereof5.07.

Appears in 3 contracts

Sources: Indenture (Residential Asset Funding Corp), Indenture (Residential Asset Funding Corp), Indenture (Residential Asset Funding Corp)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or any of the Notes may be prosecuted and enforced by the Indenture Trustee without the possession of any of the Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding instituted by the Indenture Trustee, at the written direction of the Holders of Notes representing more than 50% of the Class Note Principal Balance of the Outstanding Notes shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered after payment of amounts required to be paid pursuant to paragraph (ia) of Section 5.07 hereof.

Appears in 1 contract

Sources: Indenture (Accredited Mortgage Loan Trust 2004-3)