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

Trustee May Enforce Claims Without Possession of. Securities. All rights of action and claims ---------- under this Indenture or under the Securities of any series, or coupons (if any) appertaining thereto, may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or coupons appertaining thereto 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 agents and counsel and any other amounts due the Trustee under Section 8.07, be for the ratable benefit of the Holders of the Securities of such series and coupons appertaining thereto in respect of which such judgment has been recovered.

Appears in 1 contract

Sources: Indenture (National Commerce Bancorporation)

Trustee May Enforce Claims Without Possession of. Securities. All rights of action and claims ---------- under this Indenture or under the ----------- Securities of any series, or coupons (if any) appertaining thereto, may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or coupons appertaining thereto 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 agents and counsel and any other amounts due the Trustee under Section 8.07, be for the ratable benefit of the Holders of the Securities of such series and coupons appertaining thereto in respect of which such judgment has been recovered.

Appears in 1 contract

Sources: Indenture (National Commerce Bancorporation)

Trustee May Enforce Claims Without Possession of. Securities. ---------- All rights of action and claims ---------- under this Indenture or under the Securities of any seriesseries or the Coupons, or coupons (if any) , appertaining thereto, thereto may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or coupons appertaining thereto any of such Coupons 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 agents and counsel and any other amounts due the Trustee under Section 8.07counsel, be for the ratable benefit of the Holders of the Securities of such series and coupons appertaining thereto Coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Sources: Indenture (Fortune Brands Inc)