Common use of Proceedings by Trustee Clause in Contracts

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 7 contracts

Sources: Indenture (Florida Banks Inc), Indenture (Gateway Bancshares Inc /Ga/), Indenture (Intervest Bancshares Corp)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder has occurred, has not been waived and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual necessary to protect and enforce any of such rights, either by suit at law or in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, Indenture or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 6 contracts

Sources: Indenture (Newmont Usa LTD), Indenture (Newmont Usa LTD), Indenture (Newmont Mining Corp /De/)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder hereunder, the Trustee may Trustee, in its discretion discretion, may proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 5 contracts

Sources: Indenture (Equistar Funding Corp), Indenture (Betzdearborn Inc), Indenture (Lyondell Chemical Co)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder and subject to the provisions of Section 7.7 hereof, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, Indenture or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 5 contracts

Sources: Indenture (Penn Treaty American Corp), Indenture (Penn Treaty American Corp), Indenture (Penn Treaty American Corp)

Proceedings by Trustee. In case of an Event of Default ------------------------ ----------------------- hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 5 contracts

Sources: Indenture (First Banks, Inc), Indenture (First Banks, Inc), Indenture (First Banks Inc)

Proceedings by Trustee. In case of an Event of Default ------------------------ ---------------------- hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 5 contracts

Sources: Indenture (Alabama National Bancorporation), Indenture (New South Bancshares Inc), Indenture (First Banks, Inc)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 4 contracts

Sources: Indenture (Hennessy Advisors Inc), Indenture (Gulf Island Services, L.L.C.), Indenture (Perma-Pipe International Holdings, Inc.)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder under this Indenture, the Trustee may in its discretion may proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Securityholders by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity inequity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other proper remedy or legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 4 contracts

Sources: Subordinated Indenture (Synovus Financial Corp), Junior Subordinated Indenture (Synovus Financial Corp), Junior Subordinated Indenture (Synovus Financial Corp)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder has occurred, has not been waived and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit at law or in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, Indenture or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 4 contracts

Sources: Indenture (Textron Financial Canada Funding Corp), Indenture (Newmont Mining Corp), Indenture (Textron Financial Canada Funding Corp)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder Default, the Trustee may may, in its discretion and without the possession of any of the Notes or the production thereof in any proceeding related thereto, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 3 contracts

Sources: Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder under this Indenture, the Trustee may in its discretion may proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Noteholders by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other proper remedy or legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 3 contracts

Sources: Indenture (Synovus Financial Corp), Indenture (Synovus Financial Corp), Indenture (Synovus Financial Corp)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder has occurred, has not been waived and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy equity or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, Indenture or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Sources: Indenture (Ahold Finance Usa Inc), Indenture (Ahold Finance Usa Inc)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder occurs with respect to Notes and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Sources: Indenture (Trenwick Group Inc), Indenture (Trenwick Group Inc)

Proceedings by Trustee. In case of an Event of a Default ------------------------ hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Sources: Indenture (Vineyard National Bancorp), Indenture (Union National Financial Corp / Pa)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder that is continuing the Trustee may may, in its discretion discretion, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Sources: Indenture (SM Energy Co), Indenture (SM Energy Co)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder has occurred, has not been waived and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture and by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy equity or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, Indenture or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Sources: Subordinated Debt Indenture (Stolt Offshore S A), Subordinated Debt Indenture (Stolt Offshore S A)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder known ---------------------- to a Responsible Officer of the Trustee, the Trustee may may, in its discretion discretion, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Sources: Indenture (At Home Corp), Indenture (Viropharma Inc)

Proceedings by Trustee. In case of an Event of Default ------------------------ ---------------------- hereunder has occurred, has not been waived and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit at law or in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, Indenture or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Sources: Indenture (Newmont Gold Co), Indenture (Newmont Gold Co)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding proceedings in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Sources: Indenture (Zenith Electronics Corp)

Proceedings by Trustee. In case of an Event of Default ------------------------ ---------------------- hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding proceedings in bankruptcy or otherwiseother wise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Sources: Indenture (Zenith Electronics Corp)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder hereunder, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Sources: Indenture (Conifer Holdings, Inc.)

Proceedings by Trustee. In case of an Event of Default ------------------------ ------------------------- hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Sources: Indenture (Intervest Bancshares Corp)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder ---------------------- hereunder, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Sources: Indenture (Emc Corp)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture hidenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Sources: Indenture (Service 1st Bancorp)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder hereunder, the Trustee may may, in its discretion discretion, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Sources: Indenture (WPX Energy, Inc.)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or and to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Sources: Indenture (Unifi Inc)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in to it under this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Sources: Senior Unsecured Note Indenture (Nevada Power Co)

Proceedings by Trustee. In case of an Event of Default ------------------------ hereunder ---------------------- shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Sources: Indenture (Park Electrochemical Corp)