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, the Sale and Servicing Agreement or 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, any such proceeding instituted by the Indenture Trustee shall be brought in its own name or in its capacity as Indenture Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders in respect of which such judgment has been recovered.

Appears in 3 contracts

Sources: Indenture (Superior Bank FSB Afc Mortgage Ln Asset Bk Notes Ser 1999-3), Indenture (Superior Bank FSB Afc Mort Ln Asset Backed Notes Ser 2000 2), Indenture (Afc Mortgage Loan Asset Backed Notes Series 2000-1)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, the Sale and Servicing Agreement Indenture or 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, any and such proceeding instituted by the Indenture Trustee shall be brought in its own name or in its capacity as Indenture Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements disbursement and advances of the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders in respect of which such judgment has been recovered.

Appears in 3 contracts

Sources: Indenture (Morgan Stanley Abs Capital I Inc), Indenture (Sequoia HELOC Trust 2004-1), Indenture (Greenpoint Mortgage Securities Inc/)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, the Sale and Servicing Agreement or 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, any and such proceeding instituted by the Indenture Trustee shall be brought in its own name or in its capacity as Indenture Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements disbursement and advances of the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders in respect of which such judgment has been recovered.

Appears in 2 contracts

Sources: Indenture (Advanta Conduit Receivables Inc), Indenture (Advanta Mortgage Conduit Services Inc)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, the Sale and Servicing Agreement Indenture or 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 Proceeding relating thereto, and any such proceeding Proceeding instituted by the Indenture Trustee shall be brought in its own name or in its capacity as Indenture Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders and any other parties entitled thereto pursuant to the applicable Indenture Supplement in respect of which such judgment has been recoveredobtained.

Appears in 2 contracts

Sources: Master Indenture (Compucredit Corp), Master Indenture (Compucredit Corp)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, the Sale and Servicing Agreement Indenture or 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 shall be brought in its own name or in its capacity as Indenture Trustee. Any trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes in respect of which such judgment has been recovered.

Appears in 2 contracts

Sources: Indenture (Provident Lease Receivables Corp), Indenture (Provident Lease Receivables Corp)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, the Sale and Servicing Agreement Indenture or 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 shall be brought in its own name or in its capacity name, as Indenture Trustee. Any trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes in respect of which such judgment has been recovered.

Appears in 2 contracts

Sources: Indenture (Saul B F Real Estate Investment Trust), Indenture (Saul B F Real Estate Investment Trust)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, the Sale and Servicing Agreement Indenture or 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 Proceeding relating thereto, and any such proceeding Proceeding instituted by the Indenture Trustee shall be brought in its own name or in its capacity as Indenture Trustee. Any trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders Holders in respect of which such judgment has been recovered.

Appears in 1 contract

Sources: Trust Indenture and Security Agreement (Commercial Assets Inc)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, the Sale and Servicing Agreement Indenture or 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 shall will be brought in its own name or in its capacity as Indenture Trustee. Any trustee, and any recovery of judgment shallwill, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee, Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes in respect of which such judgment has been recovered.

Appears in 1 contract

Sources: Amendment to Indenture (Enova International, Inc.)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, the Sale and Servicing Agreement Indenture or 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 shall be brought in its own name or in its capacity as Indenture Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders in respect of which such judgment has been recovered.

Appears in 1 contract

Sources: Indenture (HPSC Inc)

Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture, the Sale and Servicing Agreement Indenture or 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, any and such proceeding instituted by the Indenture Trustee shall be brought in its own name or in its capacity as Indenture Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements disbursement and advances of the Indenture Trustee, its agents and counsel, be for the ratable benefit of the Noteholders and the Note Insurer in respect of which such judgment has been recovered.

Appears in 1 contract

Sources: Indenture (Advanta Conduit Receivables Inc)