Trustee May Enforce Claims 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 such 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 in favor of the Holders of such Securities, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, disbursements and advances of the Trustee and its agents and counsel and all other amounts due the Trustee under Section 9.7, be for the ratable benefit of such Holders of such Securities in respect of which such judgment has been recovered.
Appears in 14 contracts
Sources: Senior Indenture (Mohawk Industries Inc), Senior Subordinated Indenture (Mohawk Capital Luxembourg SA), Senior Indenture (Mohawk Capital Luxembourg SA)
Trustee May Enforce Claims 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 such 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 in favor of the Holders of such Securitiestrust, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, disbursements and advances of all the amounts owing to the Trustee and its agents and counsel and all other amounts due the any predecessor Trustee under Section 9.76.07, be for the ratable benefit of such the Holders of such the Securities in respect of which such judgment has been recovered.
Appears in 11 contracts
Sources: Indenture (Budget Group Inc), Indenture (Calpine Corp), Indenture (Chemed Capital Trust)
Trustee May Enforce Claims 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 such 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 in favor of the Holders of such SecuritiesHolders, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel and all other amounts due the Trustee under Section 9.77.7, be for the ratable benefit of such the Holders of such the Securities in respect of which such judgment has been recovered.
Appears in 10 contracts
Sources: Indenture (Noble Broadcast Group Inc /Oh/), Indenture (Noble Broadcast Group Inc /Oh/), Indenture (Community Distributors Inc)
Trustee May Enforce Claims 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 such 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 in favor of the Holders of such SecuritiesHolders, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, disbursements and advances of the Trustee and its agents and counsel and all other amounts due the Trustee under Section 9.77.7, be for the ratable benefit of such the Holders of such the Securities in respect of which such judgment has been recovered.
Appears in 8 contracts
Sources: Indenture (Wichita Manufacturing Inc), Indenture (Sun Healthcare Group Inc), Indenture (HPSC Inc)
Trustee May Enforce Claims 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 such 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 in favor of the Holders of such Securitiestrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel and all for any other amounts due the Trustee under Section 9.76.07, be for the ratable benefit of such the Holders of such the Securities in respect of which such judgment has been recovered.
Appears in 6 contracts
Sources: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Capital Trust I), Indenture (Goodyear Capital Trust I)
Trustee May Enforce Claims 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 such 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 in favor of the Holders of such Securitiestrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, . disbursements and advances of the Trustee and Trustee, its agents and counsel counsel, and all for any other amounts due the Trustee under Section 9.76.07, be for the ratable benefit of such the Holders of such the Securities in respect of which such judgment has been recovered.
Appears in 3 contracts
Sources: Indenture (Banknorth Capital Trust Ii), Indenture (Boston Private Financial Holdings Inc), Indenture (Boston Private Financial Holdings Inc)
Trustee May Enforce Claims 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 such 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 in favor of the Holders of such Securitiestrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel counsel, and all for any other amounts due to the Trustee under Section 9.76.07, be for the ratable benefit of such the Holders of such the Securities in respect of which such judgment has been recovered. SECTION 5.06.
Appears in 2 contracts
Sources: Indenture (Toro Co), Indenture (Toro Co)
Trustee May Enforce Claims 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 such 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 in favor of the Holders of such Securitiestrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel and all for any other amounts due the Trustee under Section 9.76.07, be for the ratable benefit of such the Holders of such the Securities in respect of which such judgment has been recovered.. 47
Appears in 2 contracts
Sources: Indenture (Boston Private Financial Holdings Inc), Indenture (Boston Private Financial Holdings Inc)
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities or the Guarantees of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such Securities 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 in favor of the Holders of such Securitiestrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel and all other amounts due to the Trustee under Section 9.76.7, be for the ratable benefit of such the Holders of the Securities of such Securities series in respect of which such judgment has been recovered.
Appears in 1 contract
Sources: Indenture (Abitibi Consolidated Inc)
Trustee May Enforce Claims 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 such 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 in favor of the Holders of such Securitiestrust, and any recovery of judgment shall, subject to Article Eleven and after provision for the payment of compensation to, and expenses, disbursements and advances of all the amounts owing the Trustee and any predecessor Trustee under Section 607, its agents and counsel and all other amounts due the Trustee under Section 9.7counsel, be for the ratable benefit of such the Holders of such the Securities in respect of which such judgment has been recovered.
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or any of the Securities may be prosecuted and enforced by the Trustee without the possession of any of such 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 in favor of the Holders of such Securitiestrust, and any recovery of or judgment shall, after provision for the payment of the reasonable compensation to, and reasonable properly documented expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel counsel, and all any other amounts amount due to the Trustee under Section 9.76.12, be for the ratable benefit of such the Holders of such the Securities in respect of which such judgment has been recovered.
Appears in 1 contract
Sources: Indenture (Kimco Realty Corp)
Trustee May Enforce Claims 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 such 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 in favor of the Holders of such Securities, and any recovery of judgment shall, after provision for the payment of reasonable compensation to, and expenses, disbursements and advances of the Trustee and its agents and counsel and all other amounts due the Trustee under Section 9.7, be for the ratable benefit of such Holders of such Securities in respect of which such judgment has been recovered.
Appears in 1 contract