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

Trustee May Enforce Claims Without Possession of. Subordinated Securities. All rights of action and claims under this ----------------------- Subordinated Indenture or the Subordinated Securities of any series or Coupons appertaining to such Subordinated Securities may be prosecuted and enforced by the Trustee to the fullest extent permitted by law without the possession of any of the Subordinated Securities of any series or Coupons appertaining to such Subordinated 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, 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 to the Trustee under Section 7.06, be for the ratable benefit of the Holders of the Subordinated Securities or Coupons in respect of which such judgment has been recovered.

Trustee May Enforce Claims Without Possession of. Subordinated Securities. All rights of action and claims under this ----------------------- Subordinated Indenture or the Subordinated Securities of any series or Coupons appertaining to such Subordinated Securities Securities, may be prosecuted and enforced by the Trustee to the fullest extent permitted by law without the possession of any of the Subordinated Securities of any series or Coupons appertaining to such Subordinated Securities, or the production thereof in any proceeding relating thereto 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 to the Trustee under Section 7.06counsel, be for the ratable benefit of the Holders of the Subordinated Securities or Coupons in respect of which such judgment has been recovered.