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

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series 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, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agent and counsel, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 33 contracts

Sources: Senior Indenture (OneBeacon Insurance Group, Ltd.), Annual Report, Senior Indenture (Plains Exploration & Production Co)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture Indenture, or the Securities of any series 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 and as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, fees, expenses, disbursements and advances of the Trustee, its agent agents and counsel, be for the ratable benefit of the Holders of the Securities of the such series in respect of which such judgment has been recovered.

Appears in 2 contracts

Sources: Indenture (Cccisg Capital Trust), Indenture (RCN Corp /De/)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series of Securities 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 trusttrust in favor of the Holders of such series, and any recovery of judgment shall, after provision for the payment of the reasonable compensationcompensation to, and expenses, disbursements and advances of the Trustee, its agent agents and counsel, be for the ratable benefit of the Holders of the Securities of the such series in respect of which such judgment has been recovered.

Appears in 2 contracts

Sources: Indenture (Sun International Hotels LTD), Indenture (Ggri Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of with respect to any series of Securities 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 and as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, fees and expenses, disbursements and advances of the Trustee, its agent agents and counsel, be for the ratable benefit of the Holders of the Securities of the such series in respect of which such judgment has been recovered.

Appears in 2 contracts

Sources: Indenture (Geo MCF Lp, LLC), Indenture (Geo MCF Lp, LLC)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series 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, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, Trustee and its agent agents and counsel, be for the ratable benefit of the Holders of the Securities of the series such series, in respect of which such judgment has been recovered.

Appears in 2 contracts

Sources: Indenture (AV Homes, Inc.), Indenture (Avatar Holdings Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee for the Securities of such series 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 such Trustee shall be brought in its own name as 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 such Trustee, its agent agents and counsel, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.

Appears in 1 contract

Sources: Indenture (Lehman Brothers Inc//)