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

Indenture Trustee May Enforce Claims Without Possession of Notes. (a) In all Proceedings brought by the Indenture Trustee (and also any Proceedings involving the interpretation of any provision of this Indenture to which the Indenture Trustee shall be a party), the Indenture Trustee shall be held to represent all of the Noteholders, and it shall not be necessary to make any Noteholder a party to any such Proceedings. (b) All rights of action and claims under this Indenture, the related Supplement or any of the Notes may be prosecuted and enforced by the Indenture Trustee without the possession of such Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding instituted by the Indenture Trustee shall be brought in its own name as trustee of an express trust, and any recovery whether by judgment, settlement or otherwise shall, after provision for the payment of the reasonable compensation, expenses, and disbursements incurred and advances made, by the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders of the Notes, subject to the subordination of payments among Classes of a particular Series as set forth in the related Supplement for such Series.

Indenture Trustee May Enforce Claims Without Possession of Notes. (a) In all Proceedings brought by the Indenture Trustee (and also any Proceedings involving the interpretation of any provision of this Indenture to which the Indenture Trustee shall be a party), the Indenture Trustee shall be held to represent all of the Noteholders, and it shall not be necessary to make any Noteholder a party to any such Proceedings. (b) All rights of action and claims under this Indenture, the related Supplement or any of the Notes may be prosecuted and enforced by the Indenture Trustee without the possession of such Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding instituted by the Indenture Trustee shall be brought in its own name as trustee of an express trust, and any recovery whether by judgment, settlement or otherwise shall, after provision for the payment of the reasonable compensation, expenses, and disbursements incurred and advances made, by the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes, subject to the subordination of payments among Classes of a particular Series as set forth in the related Supplement for such SeriesSupplement.

Indenture Trustee May Enforce Claims Without Possession of Notes. (a) In all Proceedings brought by the Indenture Trustee (and also any Proceedings involving the interpretation of any provision of this Indenture to which the Indenture Trustee shall be a party), the Indenture Trustee shall be held to represent all of the Noteholders, and it shall not be necessary to make any Noteholder a party to any such Proceedings. (b) All rights of action actions and claims under this Indenture, the related Supplement Indenture or any of the Notes may be prosecuted and enforced by the Indenture Trustee without the possession of such any of the Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding Proceedings instituted by the Indenture Trustee shall be brought in its own name as trustee Indenture Trustee of an express trust, and any recovery whether by judgment, settlement or otherwise shall, after provision for the payment of the reasonable compensation, expenses, and disbursements incurred and advances made, by of the Indenture Trustee, its agents and counsel, be for the Note Insurer and the ratable benefit of the Noteholders Holders of the Notes, subject to the subordination of payments among Classes of a particular Series as set forth in the related Supplement for such Series.

Indenture Trustee May Enforce Claims Without Possession of Notes. (a) In all Proceedings brought by the Indenture Trustee (and also any Proceedings involving the interpretation of any provision of this Indenture to which the Indenture Trustee shall be a party), the Indenture Trustee shall be held to represent all of the Noteholders, and it shall not be necessary to make any Noteholder a party to any such Proceedings. (b) All rights of action and claims under this Indenture, the related Supplement or any of the Notes may be prosecuted and enforced by the Indenture Trustee without the possession of such Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding instituted by the Indenture Trustee shall be brought in its own name as trustee of an express trust, and any recovery whether by judgment, settlement or otherwise shall, after provision for the payment of the reasonable compensation, expenses, and disbursements incurred and advances made, by the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes, subject to the subordination of payments among Classes of a particular Series as set forth in the related Supplement for such Series.

Indenture Trustee May Enforce Claims Without Possession of Notes. (a) In all Proceedings brought by the Indenture Trustee (and also any Proceedings involving the interpretation of any provision of this Indenture to which the Indenture Trustee shall be a party), the Indenture Trustee shall be held to represent all of the Noteholders, and it shall not be necessary to make any Noteholder a party to any such Proceedings. (b) All rights of action actions and claims under this Indenture, the related Supplement Indenture or any of the Notes may be prosecuted and enforced by the Indenture Trustee without the possession of such any of the Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding Proceedings instituted by the Indenture Trustee shall be brought in its own name as trustee Indenture Trustee of an express trust, and any recovery whether by judgment, settlement or otherwise shall, after provision for the payment of the reasonable compensation, expenses, and disbursements incurred and advances made, by of the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders of the Notes, subject to the subordination of payments among Classes of a particular Series as set forth in the related Supplement for such SeriesNoteholders.

Indenture Trustee May Enforce Claims Without Possession of Notes. (a) In all Proceedings brought by the Indenture Trustee (and also any Proceedings involving the interpretation of any provision of this Indenture to which the Indenture Trustee shall be a party), the Indenture Trustee shall be held to represent all of the Noteholders, and it shall not be necessary to make any Noteholder a party to any such Proceedings. (b) All rights of action and claims under this Indenture, the related Supplement or any of the Notes may be prosecuted and enforced by the Indenture Trustee without the possession of such Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding instituted by the Indenture Trustee shall be brought in its own name as trustee of an express trust, and any recovery whether by judgment, settlement or otherwise shall, after provision for the payment of the reasonable compensation, expenses, and disbursements incurred and advances made, by the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes, subject to the subordination of payments among Classes of a particular Series as set forth in the related Supplement for such SeriesSupplement.

Indenture Trustee May Enforce Claims Without Possession of Notes. (a) In all Proceedings brought by the Indenture Trustee (and also any Proceedings involving the interpretation of any provision of this Indenture to which the Indenture Trustee shall be a party), the Indenture Trustee shall be held to represent all of the Noteholders, and it shall not be necessary to make any Noteholder a party to any such Proceedings. (b) All rights of action actions and claims under this Indenture, the related Supplement Indenture or any of the Notes may be prosecuted and enforced by the Indenture Trustee without the possession of such any of the Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding Proceedings instituted by the Indenture Trustee shall be brought in its own name as trustee Indenture Trustee of an express trust, and any recovery whether by judgment, settlement or otherwise shall, after provision for the payment of the reasonable compensation, expenses, and disbursements incurred and advances made, by of the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes, subject to the subordination of payments among Classes of a particular Series as set forth in the related Supplement for such Series.

Indenture Trustee May Enforce Claims Without Possession of Notes. (a) In all Proceedings brought by the Indenture Trustee (and also any Proceedings involving the interpretation of any provision of this Indenture to which the Indenture Trustee shall be a party), the Indenture Trustee shall be held to represent all of the Noteholders, and it shall not be necessary to make any Noteholder a party to any such Proceedings. (b) All rights of action actions and claims under this Indenture, the related Supplement Indenture or any of the Notes may be prosecuted and enforced by the Indenture Trustee without the possession of such any of the Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding Proceedings instituted by the Indenture Trustee shall be brought in its own name as trustee Indenture Trustee of an express trust, and any recovery whether by judgment, settlement or otherwise shall, after provision for the payment of the reasonable compensation, expenses, and disbursements incurred and advances made, by of the Indenture Trustee, its agents and counsel, be for MBIA and the ratable benefit of the Noteholders Holders of the Notes, subject to the subordination of payments among Classes of a particular Series as set forth in the related Supplement for such Series.

Indenture Trustee May Enforce Claims Without Possession of Notes. (a) In all Proceedings proceedings brought by the Indenture Trustee (and also any Proceedings proceedings involving the interpretation of any provision of this Indenture to which the Indenture Trustee shall be a party), the Indenture Trustee shall be held to represent all of the Noteholders, and it shall not be necessary to make any Noteholder a party to any such Proceedingsproceedings. (b) All rights of action actions and claims under this Indenture, the related Supplement Indenture or any of the Notes may be prosecuted and enforced by the Indenture Trustee without the possession of such any of the Notes or the production thereof in any Proceeding proceeding relating thereto, and any such Proceeding proceedings instituted by the Indenture Trustee shall be brought in its own name as trustee Indenture Trustee of an express trust, and any recovery whether by judgment, settlement or otherwise shall, after provision for the payment of the reasonable compensation, expenses, and disbursements incurred and advances made, by of the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes, subject to the subordination of payments among Classes of a particular Series as set forth in the related Supplement for such SeriesNotes and MBIA.

Indenture Trustee May Enforce Claims Without Possession of Notes. (a) In all Proceedings brought by the Indenture Trustee (and also any Proceedings involving the interpretation of any provision of this Indenture to which the Indenture Trustee shall be a party), the Indenture Trustee shall be held to represent all of the Noteholders, and it shall not be necessary to make any Noteholder a party to any such Proceedings. (b) All rights of action and claims under this Indenture, the related Supplement or any of the such Notes may be prosecuted and enforced by the Indenture Trustee without the possession of such any of the Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding instituted by the Indenture Trustee shall be brought in its own name as trustee of an express trust, and any recovery whether by judgment, settlement or otherwise shall, after provision for the payment of the reasonable compensation, expenses, and disbursements incurred and advances made, by the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes, subject to the subordination of payments among Classes of a particular Series as set forth in the related Supplement for such SeriesSupplement.

Indenture Trustee May Enforce Claims Without Possession of Notes. (a) In all Proceedings brought by the Indenture Trustee (and also any Proceedings involving the interpretation of any provision of this Indenture to which the Indenture Trustee shall be a party), the Indenture Trustee shall be held to represent all of the NoteholdersNoteholders of the affected Series, and it shall not be necessary to make any affected Noteholder a party to any such Proceedings. (b) All rights of action and claims under this Indenture, the related Supplement or any of the such Notes may be prosecuted and enforced by the Indenture Trustee without the possession of such any of the Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding instituted by the Indenture Trustee shall be brought in its own name as trustee of an express trust, and any recovery whether by judgment, settlement or otherwise shall, after provision for the payment of the reasonable compensation, expenses, and disbursements incurred and advances made, by the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders Holders of the NotesNotes of the affected Series, subject to the subordination of payments among Classes of a particular Series as set forth in the related Supplement for such SeriesSupplement.