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

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates (including in respect of the Certificate Insurer's rights of subrogation) may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceedings relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders (or the Certificate Insurer in respect of any right or interest as to which the Certificate Insurer is subrogated) in respect of which such judgment has been recovered in accordance with the terms of this Agreement.

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates (including in respect of the Certificate Insurer's rights of subrogation) may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceedings proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as TrusteeTrustee for the benefit of all Holders of such Certificates and the Certificate Insurer, subject to the provisions of this Agreement. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders (or the Certificate Insurer in respect of any right or interest as to which the Certificate Insurer is subrogated) in respect of which such judgment has been recovered in accordance with the terms of this Agreementrecovered.

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates (including in respect of the Certificate Insurer's rights of subrogation) may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceedings relating theretothereto(including in respect of the Financial Guaranty Insurer's rights of subrogation), and any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered (or the Certificate Financial Guaranty Insurer in respect of any right or interest as to which the Certificate Financial Guaranty Insurer is subrogated) in respect of which such judgment has been recovered in accordance with the terms of this Agreement.

Trustee May Enforce Claims Without Possession of Certificates. (a) All rights of action and claims under this Agreement or the Certificates (including in respect of the Certificate Insurer's rights of subrogation) may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceedings proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as TrusteeTrustee for the benefit of all Holders of such Certificates, subject to the provisions of this Agreement. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders (or the Certificate Insurer in respect of any right or interest as to which the Certificate Insurer is subrogated) in respect of which such judgment has been recovered in accordance with the terms of this Agreementrecovered.

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates (including in respect of the Certificate Insurer's rights of subrogation) may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceedings proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as TrusteeTrustee and shall be consented to, prior to institution, by Bond Insurer. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, compensation and reasonable out-of-pocket expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders (or the Certificate and Bond Insurer in respect of any right or interest as to which the Certificate Insurer is subrogated) in respect of which such judgment has been recovered in accordance with the terms of this Agreementobtained.

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates (including in respect of the Certificate Insurer's rights of subrogation) may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceedings proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as TrusteeTrustee for the benefit of all Holders of such Certificates, subject to the provisions of this Agreement. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders (or the Certificate Insurer in respect of any right or interest as to which the Certificate Insurer is subrogated) in respect of which such judgment has been recovered in accordance with the terms of this Agreementrecovered.

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates (including in respect of the Certificate Insurer's rights of subrogation) may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceedings relating theretothereto (including in respect of the Financial Guaranty Insurer's rights of subrogation), and any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered (or the Certificate Financial Guaranty Insurer in respect of any right or interest as to which the Certificate Financial Guaranty Insurer is subrogated) in respect of which such judgment has been recovered in accordance with the terms of this Agreement.

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates (including in respect of the Certificate Insurer's rights of subrogation) may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceedings relating theretothereto(including in respect of the Financial Guaranty Insurer's rights of 110 116 subrogation), and any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered (or the Certificate Financial Guaranty Insurer in respect of any right or interest as to which the Certificate Financial Guaranty Insurer is subrogated) in respect of which such judgment has been recovered in accordance with the terms of this Agreement.