Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the Notes, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 707. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 45 contracts
Sources: Indenture (Core & Main, Inc.), Indenture (Core & Main, Inc.), Indenture (Envision Healthcare Corp)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee, any predecessor Trustee and the Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the Notes, its creditors or its property and, unless prohibited by law or applicable regulations, properties. The Trustee may vote on behalf of the Holders in collect and receive any election of a trustee in bankruptcy moneys or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.06. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 34 contracts
Sources: Investment Agreement (Viavi Solutions Inc.), Investment Agreement (Global Payments Inc), Indenture (Azz Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings proceeding relative to the Company (or any other obligor upon the NotesSecurities), its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in and shall be entitled and empowered to collect and receive any election of a trustee in bankruptcy moneys or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian custodian in any such judicial proceeding proceedings is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.08 hereof. No provision of Nothing contained in this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 27 contracts
Sources: Subordinated Indenture (Precipio, Inc.), Senior Indenture (Northwest Biotherapeutics Inc), Subordinated Indenture (Northwest Biotherapeutics Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07) and the Holders allowed in any judicial proceedings relative to the Company (or any other obligor upon of the Notes), its creditors or its property andand shall be entitled and empowered to collect and receive any monies, unless prohibited by law securities or applicable regulations, may vote on behalf other property payable or deliverable upon conversion or exchange of the Holders in Notes or upon any election of a trustee in bankruptcy or other Person performing similar functionssuch claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to to, or accept or adopt on behalf of any Holder Holder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 26 contracts
Sources: Indenture (Sothebys), Indenture (SPX FLOW, Inc.), Indenture (SPX FLOW, Inc.)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel) and the Holders Noteholders allowed in any judicial proceedings relative to the Company Company, the Guarantor, any of the Subsidiaries or any other obligor upon the Notes, its their respective creditors or its property properties and, unless prohibited by law or applicable regulations, may be entitled and empowered to participate as a member of any official committee of creditors appointed in such matter and, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 707. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding7.07 hereof.
Appears in 24 contracts
Sources: Indenture (Bungeltd), Indenture (Bungeltd), Indenture Agreement (Bunge Limited Finance Corp)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative relating to the Company or any other obligor upon the NotesCompany, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the HoldersHolders (it being understood it shall be under no obligation to do so), to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to to, or accept or adopt adopt, on behalf of any Holder Holder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 17 contracts
Sources: Indenture (Rithm Capital Corp.), Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee, any predecessor Trustee and the Holders Securityholders allowed in any judicial proceedings relative to the Company or any other obligor upon the Notes, its creditors or its property and, unless prohibited by law or applicable regulations, properties. The Trustee may vote on behalf of the Holders in collect and receive any election of a trustee in bankruptcy moneys or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 14 contracts
Sources: Indenture (WebMD Health Corp.), Indenture (WebMD Health Corp.), Exchange Agreement (James River Coal CO)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders Securityholders allowed in any judicial proceedings relative to the Company (or any other obligor upon on the NotesSecurities), its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in and shall be entitled to and empowered to collect and receive any election of a trustee in bankruptcy money or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian custodian in any such judicial proceeding proceedings is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent and its counsel, and any other amounts due the Trustee under Section 7077.07 hereof. No provision of this Indenture Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder Securityholder in any such proceeding.
Appears in 11 contracts
Sources: Subordinated Indenture (Midwest Banc Holdings Inc), Senior Indenture (Midwest Banc Holdings Inc), Indenture (Guitar Center Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07) and the Holders allowed in any judicial proceedings relative to the Company (or any other obligor upon of the Notes), its creditors or its property andand shall be entitled and empowered to collect and receive any monies, unless prohibited by law securities or applicable regulations, may vote on behalf other property payable or deliverable upon conversion or exchange of the Holders in Notes or upon any election of a trustee in bankruptcy or other Person performing similar functionssuch claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to to, or accept or adopt on behalf of any Holder Holder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 11 contracts
Sources: Indenture (Silgan Holdings Inc), Indenture (Pagemart Wireless Inc), Indenture (Dobson Communications Corp)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the Notes, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 707. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 11 contracts
Sources: Indenture (WEX Inc.), Indenture (US Foods Holding Corp.), Indenture (US Foods Holding Corp.)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07) and the Holders allowed in any judicial proceedings relative to the Company (or any other obligor upon of the Notes), its their creditors or its their property andand shall be entitled and empowered to collect and receive any monies, unless prohibited by law securities or applicable regulations, may vote on behalf other property payable or deliverable upon conversion or exchange of the Holders in Notes or upon any election of a trustee in bankruptcy or other Person performing similar functionssuch claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to to, or accept or adopt on behalf of any Holder Holder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 9 contracts
Sources: Indenture (Earthlink Inc), Indenture (Earthlink Inc), Indenture (PAETEC Holding Corp.)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.06) and the Holders allowed in any judicial proceedings relative to the Company (or any other obligor upon of the Notes), its creditors or its property andand shall be entitled and empowered to collect and receive any monies, unless prohibited by law securities or applicable regulations, may vote on behalf other property payable or deliverable upon conversion or exchange of the Holders in Notes or upon any election of a trustee in bankruptcy or other Person performing similar functionssuch claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent and its counsel, and any other amounts due the Trustee under Section 7077.06. No provision of this Indenture Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to to, or accept or adopt on behalf of any Holder Holder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 8 contracts
Sources: Indenture (Acme Metals Inc /De/), Indenture (Powertel Inc /De/), Indenture (American Trans Air Execujet Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings proceeding relative to the Company (or any other obligor upon the NotesSecurities), its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in and shall be entitled and empowered to collect and receive any election of a trustee in bankruptcy moneys or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian custodian in any such judicial proceeding proceedings is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.8 hereof. No provision of Nothing contained in this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 7 contracts
Sources: Senior Indenture (Fuelcell Energy Inc), Subordinated Indenture (Fuelcell Energy Inc), Senior Indenture (Fuelcell Energy Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company (or any other obligor upon on the Notes), its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in and shall be entitled to and empowered to collect and receive any election of a trustee in bankruptcy money or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian custodian in any such judicial proceeding proceedings is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.06. No provision of this Indenture Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 7 contracts
Sources: Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/), Supplemental Indenture (Owens-Illinois Group Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the Notes, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 707. No provision of this Supplemental Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 7 contracts
Sources: Ninth Supplemental Indenture (Graphic Packaging Holding Co), Seventh Supplemental Indenture (Graphic Packaging Holding Co), Eighth Supplemental Indenture (Graphic Packaging Holding Co)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the NotesGuarantor, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due to the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes such Holder or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 7 contracts
Sources: Indenture (Jefferson Capital, Inc. / DE), Indenture (Jefferson Capital, Inc. / DE), Indenture (Jefferson Capital, Inc. / DE)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim claim, statements of interest and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for reasonable compensation, expenses disbursements and advances of the Trustee (including counsel, accountants, experts or such other professionals as the Trustee deems necessary, advisable or appropriate)) and the Holders holders allowed in any judicial proceedings relative to the Company Issuer or the Parent Guarantor, any other obligor upon the NotesSubsidiary Pledgor, its their creditors or its property their property, shall be entitled to participate as a member, voting or otherwise, of any official committee of creditors appointed in such matters and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holdersholders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 707. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding7.07.
Appears in 6 contracts
Sources: Indenture (CAESARS ENTERTAINMENT Corp), Indenture (CAESARS ENTERTAINMENT Corp), Indenture (Harrahs Entertainment Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due to the Trustee under Section 7.7) and the Holders Securityholders allowed in any judicial proceedings relative relating to the Company Issuer, their creditors or their property and shall be entitled and empowered to participate as a member, voting or otherwise, of any official committee appointed for such matter, to collect and receive any monies or other obligor securities or property payable or deliverable upon the Notes, its creditors conversion or its property and, unless prohibited by law or applicable regulations, may vote on behalf exchange of the Holders in Securities or upon any election of a trustee in bankruptcy or other Person performing similar functionssuch claims and to distribute the same, and any Custodian in any such judicial proceeding proceedings is hereby authorized by each Holder Securityholder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the HoldersSecurityholders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent and its counsel, and any other amounts due the Trustee under Section 7077.7. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder Securityholder in any such proceeding.
Appears in 6 contracts
Sources: Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07) and the Holders allowed in any judicial proceedings relative to the Company (or any other obligor upon of the Notes), its creditors or its property andand shall be entitled and empowered to collect and receive any monies, unless prohibited by law securities or applicable regulations, may vote on behalf other property payable or deliverable upon conversion or exchange of the Holders in Notes or upon any election of a trustee in bankruptcy or other Person performing similar functionssuch claims and to distribute the same, and any Custodian custodian, receiver, assignee, síndico, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to to, or accept or adopt on behalf of any Holder Holder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 6 contracts
Sources: Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern), Indenture (Kansas City Southern)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel) and the Holders Securityholders allowed in any judicial proceedings relative to the Company Parent Guarantor, the Issuer or any the other obligor upon Subsidiaries of the Notes, Parent Guarantor or its or their respective creditors or its property properties and, unless prohibited by law or applicable regulations, may be entitled and empowered to participate as a member of any official committee of creditors appointed in such matter and may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.7. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 6 contracts
Sources: Indenture (ANTERO RESOURCES Corp), Indenture (Antero Resources LLC), Indenture (Antero Resources LLC)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company (or any other obligor upon on the Notes), its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in and shall be entitled to and empowered to collect and receive any election of a trustee in bankruptcy money or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian custodian in any such judicial proceeding proceedings is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 5 contracts
Sources: Indenture (Owens-Illinois Group Inc), Indenture (Owens-Illinois Group Inc), Indenture (Owens Illinois Inc /De/)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative relating to the Company or any other obligor upon the NotesIssuers, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the HoldersHolders (it being understood it shall be under no obligation to do so), to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to to, or accept or adopt adopt, on behalf of any Holder Holder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 5 contracts
Sources: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07) and the Holders allowed in any judicial proceedings relative to the Company (or any other obligor upon of the NotesSecurities), its creditors or its property andand shall be entitled and empowered to collect and receive any monies, unless prohibited by law securities or applicable regulations, may vote on behalf other property payable or deliverable upon conversion or exchange of the Holders in Securities or upon any election of a trustee in bankruptcy or other Person performing similar functionssuch claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to to, or accept or adopt on behalf of any Holder Holder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Sources: Senior Guaranteed Notes Indenture (Impsat Corp), Indenture (Winstar Communications Inc), Senior Notes Indenture (Impsat Fiber Networks Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the Notes, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the compensation and reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 707. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Sources: Indenture (Xerox Corp), Indenture (Xerox Corp), Indenture (Xerox Corp)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable expenses and disbursements of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07) and the Holders allowed in any judicial proceedings relative relating to the Company or any other obligor upon the Notes, its any of their respective creditors or its any of their respective property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in and shall be entitled and empowered to collect and receive any election of a trustee in bankruptcy monies or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian in any such judicial proceeding proceedings is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, expenses and disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of The Company's payment obligations under this Indenture Section 6.09 shall be deemed to authorize secured in accordance with the Trustee to authorize or consent to or accept or adopt on behalf provisions of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.Section 7.07
Appears in 4 contracts
Sources: Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Trustee, the Note Collateral Agent and the Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the Notes, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 707. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 4 contracts
Sources: Indenture (Ambac Financial Group Inc), Indenture (Ambac Financial Group Inc), Indenture (Ambac Financial Group Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due to the Trustee under Section 7.07) and the Holders Securityholders allowed in any judicial proceedings relative relating to the Company Issuers, their creditors or their property and shall be entitled and empowered to participate as a member, voting or otherwise, of any official committee appointed for such matter, to collect and receive any monies or other obligor securities or property payable or deliverable upon the Notes, its creditors conversion or its property and, unless prohibited by law or applicable regulations, may vote on behalf exchange of the Holders in Securities or upon any election of a trustee in bankruptcy or other Person performing similar functionssuch claims and to distribute the same, and any Custodian in any such judicial proceeding proceedings is hereby authorized by each Holder Securityholder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the HoldersSecurityholders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder Securityholder in any such proceeding.
Appears in 3 contracts
Sources: Indenture (Quality Distribution Inc), Indenture (Quality Distribution Inc), Indenture (Quality Distribution Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders Securityholders allowed in any judicial proceedings relative to the Company or any other obligor upon the NotesCompany, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 3 contracts
Sources: Indenture (Ric Holding Inc), Indenture (Riverwood Holding Inc), Indenture (Riverwood Holding Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel) and the Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the NotesCompany, its Subsidiaries or its or their respective creditors or its property properties and, unless prohibited by law or applicable regulations, may be entitled and empowered to participate as a member of any official committee of creditors appointed in such matter and may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 707. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding7.7.
Appears in 3 contracts
Sources: Indenture (Gibraltar Industries, Inc.), Indenture (Conexant Systems Inc), Indenture (Gibraltar Industries, Inc.)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the NotesIssuer, its creditors or its property andproperty. Any receiver, unless prohibited by law trustee, liquidator, conciliador or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy sequestrator (or other Person performing similar functions, and any Custodian official) in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, Taxes, disbursements and advances of the Trustee, its agents agent and its counsel, and any other amounts due to the Trustee under pursuant to Section 7077.07. No provision of this Indenture Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 3 contracts
Sources: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company (or any other obligor upon on the Notes), its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in and shall be entitled to and empowered to collect and receive any election of a trustee in bankruptcy money or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian custodian in any such judicial proceeding proceedings is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 3 contracts
Sources: Indenture (Owens Illinois Group Inc), Indenture (Owens-Illinois Healthcare Packaging Inc.), Indenture (Owens Illinois Group Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for reasonable compensation, expenses disbursements and advances of the Trustee (including counsel, accountants, experts or such other professionals as the Trustee deems necessary, advisable or appropriate)), the agents hereunder and the Holders of Notes then outstanding allowed in any judicial proceedings relative to any of the Company Issuers or any other obligor upon the NotesGuarantors, its creditors or its property property, shall be entitled to participate as a member, voting or otherwise, of any official committee of creditors appointed in such matters and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian custodian of the Notes in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 707. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding7.06.
Appears in 2 contracts
Trustee May File Proofs of Claim. The In any case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or other any judicial proceeding relative to the Company (or any Guarantor or other obligor upon the Securities), its property or its creditors, the Trustee may file shall be entitled and empowered, by intervention in such proofs of claim proceeding or otherwise, to take any and other papers or documents as may be necessary or advisable all actions authorized under the Trust Indenture Act in order to have the claims of the Trustee Holders and the Holders Trustee allowed in any judicial proceedings relative such proceeding. In particular, the Trustee shall be authorized to the Company or collect and receive any other obligor upon the Notes, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy moneys or other Person performing similar functions, property payable or deliverable on any such claims and to distribute the same; and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 707607. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Sources: Indenture (Express Scripts Inc), Indenture (Priorityhealthcare.com, Inc.)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings proceeding relative to the Company (or any other obligor upon the NotesSecurities, including any Guarantor), its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in and shall be entitled and empowered to collect and receive any election of a trustee in bankruptcy moneys or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian custodian in any such judicial proceeding proceedings is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.08 hereof. No provision of Nothing contained in this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Sources: Indenture (Lear Corp Eeds & Interiors), Indenture (Lear Corp Eeds & Interiors)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings proceeding relative to the Company (or any other obligor upon the Notes, including any Guarantor), its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in and shall be entitled and empowered to collect and receive any election of a trustee in bankruptcy moneys or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian custodian in any such judicial proceeding proceedings is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07 hereof. No provision of Nothing contained in this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Sources: Indenture (Lear Corp /De/), Indenture (Lear Corp /De/)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the NotesCompany, its creditors or its property and, unless prohibited by law any receiver, trustee, assignee, liquidator, custodian or applicable regulations, may vote on behalf of the Holders in similar official under any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian Bankruptcy Law in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the HoldersHolders (it being understood it shall be under no obligation to do so), to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt to, or, on behalf of any Holder Holder, to authorize, accept or adopt any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities of the applicable series or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Sources: Indenture (PJC Manchester Realty LLC), Indenture Agreement (PJC Manchester Realty LLC)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel reasonably incurred) and the Holders of the Notes allowed in any judicial proceedings relative to the Company Issuer (or any other obligor upon the Notes, including the Guarantors), its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders and is entitled and empowered to participate as a member in any election official committee of a trustee creditors appointed in bankruptcy such matter and to collect, receive and distribute any money or other Person performing similar functions, and property payable or deliverable on any Custodian such claims. Any custodian in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee andTrustee, and in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements disbursements, indemnities and advances of the Trustee, Trustee and its agents and its counselcounsel reasonably incurred, and any other amounts due the Trustee under Section 707. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.Section
Appears in 2 contracts
Sources: Indenture (Auna S.A.), Indenture (Auna S.A.A.)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company any Issuer or any other obligor upon the Notes, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 707. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Sources: Indenture (Univar Solutions Inc.), Indenture (Univar Inc.)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel) and the Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the NotesCompany, its Subsidiaries or its or their respective creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functionsproperties, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under this Indenture, including, but not limited to, Section 7077.7. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Debt Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Sources: Debt Securities Indenture (Black & Decker Corp), Indenture (Black & Decker Corp)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07) and the Holders allowed in any judicial proceedings relative to the Company Issuer (or any other obligor upon of the Notes), its creditors or its property andand shall be entitled and empowered to collect and receive any monies, unless prohibited by law securities or applicable regulations, may vote on behalf other property payable or deliverable upon conversion or exchange of the Holders in Notes or upon any election of a trustee in bankruptcy or other Person performing similar functionssuch claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to to, or accept or adopt on behalf of any Holder Holder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Sources: Indenture (Manitowoc Foodservice, Inc.), Indenture (Manitowoc Co Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders Securityholders allowed in any judicial proceedings relative to the Company or any other obligor upon the NotesCompany, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Trustee, the Collateral Agent and the Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the Notes, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee and the Collateral Agent any amount due it to each of them for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee and the Collateral Agent under Section 707. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Sources: Indenture (L Brands, Inc.), Indenture (US Foods Holding Corp.)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee, any predecessor Trustee and the Holders Securityholders allowed in any judicial proceedings relative to the Company or any other obligor upon the Notes, its creditors or its property and, unless prohibited by law or applicable regulations, properties. The Trustee may vote on behalf of the Holders in collect and receive any election of a trustee in bankruptcy moneys or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.7. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Sources: Indenture (Terremark Worldwide Inc), Indenture (Terremark Worldwide Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee, any predecessor Trustee and the Security Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the Notes, its creditors or its property and, unless prohibited by law or applicable regulations, properties. The Trustee may vote on behalf of the Holders in collect and receive any election of a trustee in bankruptcy moneys or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 707. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Sources: Indenture (Fairmont Hotels & Resorts Inc), Indenture (Axcan Pharma Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the NotesNotes of any series, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 707. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes of any series or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Sources: Indenture (Hertz Corp), Indenture (Hertz Corp)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company Issuers or any other obligor upon the Notes, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 707. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Sources: Indenture (RSC Equipment Rental, Inc.), Indenture (RSC Equipment Rental, Inc.)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the Notes, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Sources: Loan Agreement (Sirva Inc), Indenture (Relocation Management Systems Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Trustee, the Collateral Agent and the Holders Securityholders allowed in any judicial proceedings relative to the Company or any other obligor upon the NotesCompany, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its the Collateral Agent and each of their agents and its counsel, and any other amounts due the Trustee or Collateral Agent, as applicable, under Section 7077.07. No provision of this Indenture shall be deemed to authorize the Trustee or Collateral Agent to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, compromise, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof or to authorize the Trustee or Collateral Agent to vote in respect of the claim of any Holder in any such proceeding.
Appears in 2 contracts
Sources: Indenture (Petroquest Energy Inc), Indenture (PetroQuest Energy, L.L.C.)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.06) and the Holders allowed in any judicial proceedings relative to the Company (or any other obligor upon of the Notes), its creditors or its property andand shall be entitled and empowered to collect and receive any monies, unless prohibited by law notes or applicable regulations, may vote on behalf 60 54 other property payable or deliverable upon conversion or exchange of the Holders in Notes or upon any election of a trustee in bankruptcy or other Person performing similar functionssuch claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent and its counsel, and any other amounts due the Trustee under Section 7077.06. No provision of this Indenture Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to to, or accept or adopt on behalf of any Holder Holder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 6.07) and the Holders allowed in any judicial proceedings relative to the Company (or any other obligor upon of the NotesSecurities), its their creditors or its their property andand shall be entitled and empowered to collect and receive any monies, unless prohibited by law securities or applicable regulations, may vote on behalf other property payable or deliverable upon conversion or exchange of the Holders in Securities or upon any election of a trustee in bankruptcy or other Person performing similar functionssuch claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7076.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to to, or accept or adopt on behalf of any Holder Holder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Time Warner Telecom Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders Securityholders allowed in any judicial proceedings relative to the Company or any other obligor upon the NotesCompany, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that if the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Metallurg Holdings Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders Noteholders allowed in any judicial proceedings relative to the Company or any other obligor upon the NotesCompany, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein shall be deemed to authorize empower the Trustee to authorize or consent to to, or accept or adopt on behalf of any Holder Holder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof Holder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceedingproceedings.
Appears in 1 contract
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including, without limitation, any claim for the compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due to the Trustee hereunder) and the Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the NotesGuarantor, its their respective creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functionstheir respective properties, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.06. No provision of this Indenture Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Cosan Ltd.)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders of the Notes allowed in any judicial proceedings relative to the Company or any other obligor upon the NotesCVS, its CVS' creditors or its property CVS' property, and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders of Notes in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder of a Note to make payments to the Trustee Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to the HoldersHolders of Notes, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the to Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder of a Note any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof of a Note thereof, or to authorize the Trustee to vote in respect of the claim of any Holder of a Note in any such proceeding.
Appears in 1 contract
Sources: Indenture (CVS Corp)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company (or any other obligor upon Obligor on the Notes), its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in and shall be entitled to and empowered to collect and receive any election of a trustee in bankruptcy money or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian custodian in any such judicial proceeding proceedings is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.06. No provision of this Indenture Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Indenture (O-I Glass, Inc. /DE/)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07) and the Holders allowed in any judicial proceedings relative to the Company Issuer (or any other obligor upon of the Notes), its creditors or its property andand shall be entitled and empowered to collect and receive any monies, unless prohibited by law securities or applicable regulations, may vote on behalf other property payable or deliverable upon conversion or exchange of the Holders in Notes or upon any election of a trustee in bankruptcy or other Person performing similar functionssuch claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to to, or accept or adopt on behalf of any Holder Holder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Smurfit-Stone Container Enterprises Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders Securityholders allowed in any judicial proceedings relative to the Company (or any other obligor upon on the NotesSecurities), its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in and shall be entitled to and empowered to collect and receive any election of a trustee in bankruptcy money or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian custodian in any such judicial proceeding proceedings is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent 22 28 and its counsel, and any other amounts due the Trustee under Section 7077.07 hereof. No provision of this Indenture Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder Securityholder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Libbey Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for amounts due the Trustee under Section 5.06) and the Holders allowed in any judicial proceedings proceeding relative to the Company Issuer or any other obligor upon the NotesGuarantor, its creditors or its property andand shall be entitled and empowered to collect and receive any moneys, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy securities or other Person performing similar functionsproperty payable or deliverable upon conversion or exchange of Notes or upon any such claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments payment directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7075.06. No provision of this Indenture Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to to, or accept or adopt on behalf of any Holder Holder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Indenture (PCCW LTD)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders Securityholders allowed in any judicial proceedings relative to the Company or any other obligor upon the NotesCompany, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein shall be deemed to authorize empower the Trustee to authorize or consent to to, or accept or adopt on behalf of any Holder Securityholder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof Securityholder, or to authorize the Trustee to vote in respect of the claim of any Holder Securityholder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Radio One Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company Issuer or any other obligor upon the NotesSenior Subordinated Securities, its their respective creditors or its their property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in and shall be entitled and empowered to collect and receive any election of a trustee in bankruptcy moneys or other Person performing similar functions, property payable or deliverable on any such claims and to distribute the same and any Custodian custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Senior Subordinated Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company (or any other obligor upon on the NotesSecurities), its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in and shall be entitled to and empowered to collect and receive any election of a trustee in bankruptcy money or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian custodian in any such judicial proceeding proceedings is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing contained herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.. 41
Appears in 1 contract
Sources: Indenture (NHW Auburn LLC)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings proceeding relative to the Company or any other obligor upon the NotesCompany, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in and shall be entitled and empowered to collect and receive any election of a trustee in bankruptcy moneys or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian in any such judicial proceeding proceedings is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements dis- bursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07 of this Indenture. No provision of Nothing contained in this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Polyone Corp)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel) and the Holders Noteholders allowed in any judicial proceedings relative to the Company or the Guarantors (or any other obligor upon the Notes), its any of their respective creditors or any of their respective property and shall be entitled and empowered to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same after deduction of its property and, unless prohibited by law or applicable regulations, may vote on behalf charges and expenses to the extent that any such charges and expenses are not paid out of the Holders estate in any election of a trustee in bankruptcy or other Person performing similar functions, such proceedings and any Custodian custodian in any such judicial proceeding is hereby authorized by each Holder Noteholder to make such payments to the Trustee andTrustee, and in the event that the Trustee shall consent to the making of such payments directly to the HoldersNoteholders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07 hereof. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder Noteholder in any such proceedingproceedings.
Appears in 1 contract
Sources: Indenture (Outdoor Systems Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel) and the Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the NotesDutch Co-Issuer, its Subsidiaries (including the U.S. Co-Issuer) or their respective creditors or its property properties and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders (pursuant to the written direction of Holders of a majority in principal amount of the then-outstanding Notes) in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.6. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of or reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Atotech LTD)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders Securityholders allowed in any judicial proceedings relative to the Company Company, Holdings, any Subsidiary or any other obligor upon the Notes, its their respective creditors or its property properties and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture 68 61 Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Notes securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder Securityholder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Ero Marketing Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company Subsidiary Guarantors (or any other obligor upon the Notes), its creditors or its property and, unless prohibited by law and shall be entitled and empowered to collect and receive any monies or applicable regulations, may vote other property payable or deliverable on behalf any such claims and to distribute the same after deduction of its charges and expenses to the extent that any such charges and expenses are not paid out of the Holders estate in any election of a trustee in bankruptcy or other Person performing similar functions, such proceedings and any Custodian custodian in any such judicial proceeding is hereby authorized by each Holder Noteholder to make such payments to the Trustee andTrustee, and in the event that the Trustee shall consent to the making of such payments directly to the HoldersNoteholders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07 hereof. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder Noteholder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder Noteholder in any such proceedingproceedings.
Appears in 1 contract
Sources: Indenture (Cityscape Corp)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due to the Trustee under Section 7.7) and the Holders allowed in any judicial proceedings relative relating to the Company or any other obligor upon the NotesIssuer, its creditors or its property andand shall be entitled and empowered to participate as a member, unless prohibited by law voting or applicable regulationsotherwise, may vote on behalf of any official committee appointed for such matter, to collect and receive any monies or other securities or property payable or deliverable upon the conversion or exchange of the Holders in Securities or upon any election of a trustee in bankruptcy or other Person performing similar functionssuch claims and to distribute the same, and any Custodian in any such judicial proceeding proceedings is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent and its counsel, and any other amounts due the Trustee under Section 7077.7. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Verasun Energy Corp)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders Securityholders allowed in any judicial proceedings relative to the Company or any other obligor upon the NotesCompany, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Enodis PLC)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee, any predecessor Trustee and the Holders Noteholders allowed in any judicial proceedings relative to the Company or any other obligor upon the Notes, its creditors or its property and, unless prohibited by law or applicable regulations, properties. The Trustee may vote on behalf of the Holders in collect and receive any election of a trustee in bankruptcy moneys or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Millipore Corp /Ma)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders of the Notes allowed in any judicial proceedings relative to the Company or any other obligor upon Company, the Notes, its Company's creditors or its property the Company's property, and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the to Trustee under Section 7078.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Goss Holdings Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07) and the Holders allowed in any judicial proceedings relative to the Company Obligors (or any other obligor upon of the Notes), its their creditors or its their property andand shall be entitled and empowered to collect and receive any monies, unless prohibited by law securities or applicable regulations, may vote on behalf other property payable or deliverable upon conversion or exchange of the Holders in Notes or upon any election of a trustee in bankruptcy or other Person performing similar functionssuch claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to to, or accept or adopt on behalf of any Holder Holder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Time Warner Telecom LLC)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 7.07) and the Holders allowed in any judicial proceedings relative to the Company FelCor LP (or any other obligor upon of the Notes), its creditors or its property andand shall be entitled and empowered to collect and receive any monies, unless prohibited by law securities or applicable regulations, may vote on behalf other property payable or deliverable upon conversion or exchange of the Holders in Notes or upon any election of a trustee in bankruptcy or other Person performing similar functionssuch claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture Nothing herein contained shall be deemed to authorize empower the Trustee to authorize or consent to to, or accept or adopt on behalf of any Holder Holder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Guaranty Agreement (Kingston Plantation Development Corp)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company or any other obligor upon the NotesCompany, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that if the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.06. No provision of Nothing in this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof Holder, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Carriage Services Inc)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings proceeding relative to the Company or any other obligor upon the NotesCompany, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in and shall be entitled and empowered to collect and receive any election of a trustee in bankruptcy moneys or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian in any such judicial proceeding proceedings is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07 of this Indenture. No provision of Nothing contained in this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Pall Corp)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and the Holders allowed in any judicial proceedings relative to the Company either Issuer or any other obligor upon the Notes, its creditors or its property and, unless prohibited by law or applicable regulations, may vote on behalf of the Holders in any election of a trustee in bankruptcy or other Person performing similar functions, and any Custodian in any such judicial proceeding is hereby authorized by each Holder to make payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.07. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Consolidated Communications Texas Holdings, Inc.)
Trustee May File Proofs of Claim. The Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee, any predecessor Trustee and the Holders allowed in any judicial proceedings relative to the Company Issuer or any other obligor upon the Notes, its creditors or its property and, unless prohibited by law or applicable regulations, properties. The Trustee may vote on behalf of the Holders in collect and receive any election of a trustee in bankruptcy moneys or other Person performing similar functionsproperty payable or deliverable on any such claims and to distribute the same, and any Custodian custodian, receiver, assignee, trustee, liquidator, sequestrator or similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and its counsel, and any other amounts due the Trustee under Section 7077.06. No provision of this Indenture Nothing herein contained shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Notes Securities or the rights of any Holder thereof thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding.
Appears in 1 contract
Sources: Indenture (Toll Brothers Inc)