Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the Trustee, any predecessor Trustee and other Persons under Section 6.6, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 226 contracts
Sources: Junior Subordinated Indenture (Renasant Corp), Junior Subordinated Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (Ameris Bancorp)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII XIII and after provision for the payment of all the amounts owing the Trustee, Trustee and any predecessor Trustee and other Persons under Section 6.66.7, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 81 contracts
Sources: Junior Subordinated Indenture (Gainsco Inc), Junior Subordinated Indenture (American Safety Insurance Group LTD), Junior Subordinated Indenture (Florida Community Banks Inc)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the Trustee, Trustee and any predecessor Trustee and other Persons under Section 6.66.7, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 49 contracts
Sources: Indenture (PVH Corp. /De/), Indenture (PVH Corp. /De/), Junior Subordinated Indenture (Asbc Capital Ii)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the Trustee, Trustee and any predecessor Trustee and other Persons under Section 6.66.07, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 14 contracts
Sources: Junior Subordinated Indenture (Nationwide Financial Services Inc/), Junior Subordinated Indenture (Nationwide Financial Services Inc/), Indenture (Western Wireless Corp)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing to the Trustee, Trustee and any predecessor Trustee and other Persons under Section 6.66.07, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 6 contracts
Sources: Junior Subordinated Indenture (Commonwealth Bankshares Inc), Junior Subordinated Indenture (Guaranty Capital Trust I), Junior Subordinated Indenture (Commonwealth Bankshares Inc)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing reasonable compensation, expenses, disbursements and advances of the Trustee, any predecessor Trustee its agents and other Persons under Section 6.6counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recoveredSecurities.
Appears in 6 contracts
Sources: Indenture (National Rural Utilities Cooperative Finance Corp /Dc/), Indenture (Vault Holding 1, LLC), Indenture (Vault Holding 1, LLC)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the Trustee, Trustee and any predecessor Trustee and other Persons under Section 6.6607, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 6 contracts
Sources: Junior Subordinated Indenture (Hartford Capital Iv /De/), Senior Indenture (Universal American Financial Corp), Junior Subordinated Indenture (Nevada Power Co)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name or as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the Trustee, Trustee and any predecessor Trustee and other Persons under Section 6.66.7, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 4 contracts
Sources: Junior Subordinated Indenture (Evans Capital Trust III), Trust Agreement (Privatebancorp Capital Trust Iv), Junior Subordinated Indenture (Bridge Statutory Capital Trust I)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article ARTICLE XII and after provision for the payment of all the amounts owing the Trustee, any predecessor Trustee and other Persons under Section SECTION 6.6, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 4 contracts
Sources: Junior Subordinated Indenture (Bankatlantic Bancorp Inc), Junior Subordinated Indenture (Uici), Junior Subordinated Indenture (Bankatlantic Bancorp Inc)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the Trustee, any predecessor Trustee and other Persons under Section 6.6, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered. SECTION 5.6.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (Simmons First National Corp), Junior Subordinated Indenture (Simmons First National Corp), Junior Subordinated Indenture (Simmons First National Corp)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or and/or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the Trustee, any predecessor Trustee and other Persons under Section 6.6, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 3 contracts
Sources: Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities Senior Notes may be prosecuted and enforced by the Trustee without the possession of any of the Securities Senior Notes or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the Trustee, any predecessor Trustee and other Persons under Section 6.6, be for the ratable benefit of the Holders of the Securities Senior Notes in respect of which such judgment has been recovered.
Appears in 3 contracts
Sources: Indenture (Novastar Financial Inc), Indenture (Novastar Financial Inc), Indenture (Novastar Financial Inc)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or and/or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the Trustee, any predecessor Trustee and other Persons under Section 6.6, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 3 contracts
Sources: Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc), Indenture (Meadowbrook Insurance Group Inc)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the Trustee, any predecessor Trustee and other Persons under Section 6.6, . be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Macon Financial Corp.), Junior Subordinated Indenture (Extra Space Storage Inc.)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities or the Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the Guarantees or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII XIII and after provision for the payment of all the amounts owing the Trustee, Trustee and any predecessor Trustee and other Persons under Section 6.66.7, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Banponce Corp), Junior Subordinated Indenture (Banponce Trust Ii)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities or the Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the Guarantees or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the Trustee, Trustee and any predecessor Trustee and other Persons under Section 6.66.7, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Popular North America Capital Trust Iii), Junior Subordinated Indenture (Popular North America Capital Trust I)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the Trustee, any predecessor Trustee and other Persons under Section 6.6, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.. [TPW: NYLEGAL:665375.4] 20965-00009 07/19/2007 07:27 PM
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Independent Bank Corp /Mi/), Trust Agreement (Independent Bank Corp /Mi/)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding proceedings relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing reasonable compensation, expenses, disbursements and advances of the Trustee, any predecessor Trustee its agents and other Persons under Section 6.6counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 1 contract
Sources: Senior Subordinated Indenture (Service Corporation International)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the ----------- Trustee, any predecessor Trustee and other Persons under Section 6.6, be for the ----------- ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 1 contract
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series or any related Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the Trustee, Trustee and any predecessor Trustee and other Persons under Section 6.66.7, its agents and counsel, be for the ratable benefit of the Holders of the Securities of such series in respect of which such judgment has been recovered.
Appears in 1 contract
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the Trustee, any predecessor Trustee and other Persons under Section 6.6, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered. SECTION 5.
Appears in 1 contract
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the Trustee, Trustee and any predecessor Trustee and other Persons under Section 6.6, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 1 contract
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII XIV and after provision for the payment of all the amounts owing the Trustee, Trustee and any predecessor Trustee and other Persons under Section 6.66.7, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Everest Re Capital Trust Iii)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the Trustee, Trustee and any predecessor Trustee and other Persons under Section 6.66.7, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered. SECTION 5.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Republic New York Capital Iv)
Trustee May Enforce Claim Without Possession of Securities. All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII and after provision for the payment of all the amounts owing the Trustee, any predecessor Trustee and other Persons under Section 6.6, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 1 contract
Sources: Indenture (RAIT Financial Trust)
Trustee May Enforce Claim Without Possession of Securities. 44- All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, subject to Article XII XIII and after provision for the payment of all the amounts owing the Trustee, Trustee and any predecessor Trustee and other Persons under Section 6.66.7, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 1 contract