Common use of Collection of Indebtedness and Suits for Enforcement by Trustee Clause in Contracts

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 16 contracts

Samples: Entergy Mississippi Inc, Indenture (Atlantic City Electric Co), Indenture (Ies Utilities Inc)

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Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 16 contracts

Samples: Indenture (Txu Corp /Tx/), Texas Utilities (Texas Utilities Co /Tx/), Texas Utilities (Texas Utilities Co /Tx/)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event The Company covenants that (1) in case default shall be made in the payment of Default described in clause (a) any installment of interest on any Security of any series, as and when the same shall become due and payable, and such default shall have continued for a period of 30 days, or (b2) in case default shall be made in the payment of Section 801 the principal of (and premium, if any, on) any Security of any series on its Maturity and such default shall have occurred and be continuingcontinued for a period of five business days, the Company shallthen, upon demand of the Trustee, the Company will pay to itthe Trustee, for the benefit of the Holders of the such Securities of the series with respect to which such Event of Default shall have occurredseries, the whole amount that then shall have become due and payable on all such Securities for principal (and premium, if any, and ) or interest, if anyor both, andas the case may be, with interest upon the overdue principal and (to the extent permitted by that payment of such interest is enforceable under applicable law, ) upon overdue installments of interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in borne by the Securities during the period of such Securities, default; and, in addition thereto, such further amount as shall be sufficient to cover any amounts due reasonable compensation to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name agents, attorneys and counsel, and all other expenses and liabilities incurred, and all advances made, by the Trustee except as trustee a result of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment its negligence or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situatedbad faith. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 14 contracts

Samples: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described specified in clause (aSection 501(i) or (b501(ii) of Section 801 shall have occurred occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any Guarantor (in accordance with the applicable Guarantee) or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Company, any Guarantor or any other obligor upon such Securitiesthe Notes, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series under this Indenture or any Guarantee by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, including, seeking recourse against any Guarantor pursuant to the terms of any Guarantee, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy including, without limitation, seeking recourse against any Guarantor pursuant to the terms of a Guarantee, or to enforce any other proper remedy, subject however to Section 513. No recovery of any such judgment upon any property of the Company or any Guarantor shall affect or impair any rights, powers or remedies of the Trustee or the Holders.

Appears in 13 contracts

Samples: Registration Rights Agreement (Alliance Imaging Inc /De/), Indenture (Alliance HealthCare Services, Inc), Supplemental Indenture (Accuride Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of principal, premium or interest specified in clause (a) or (b) of Section 801 shall have occurred 6.1 occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredNotes, the whole amount then due and payable on such Securities Notes for principal, premium, interest and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, ) and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securitiesborne by the Notes, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907reasonable costs and expenses of collection, including compensation to, and reasonable expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securitiesthe Notes, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 10 contracts

Samples: Indenture (Cast Alloys Inc), Indenture (Neenah Foundry Co), Indenture (Neenah Foundry Co)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event The Issuers covenant that if a default shall occur in respect of Default described in clause (a) the payment of any principal of or (b) of Section 801 shall have occurred interest when due and be continuingpayable on any Secured Notes, the Company shallIssuers will, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders Holder of the Securities of the series with respect to which such Event of Default shall have occurredSecured Notes, the whole amount amount, if any, then due and payable on such Securities Secured Notes for principal and premium, if any, and interest, if any, interest with interest upon the overdue principal and, to the extent permitted by lawthat payments of such interest shall be legally enforceable, interest on premium, if any, and on any upon overdue principal and installments of interest, at the rate or rates prescribed therefor in such Securitiesapplicable Interest Rate, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee under Section 907and its agents and counsel. If the Company shall Issuers fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may may, and shall, subject to the terms of this Indenture (including Section 6.3(e)) upon direction of a Majority of the Controlling Class, institute a judicial proceeding Proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding Proceeding to judgment or final decree decree, and may enforce the same against the Company Issuer or any other obligor upon such Securities the Secured Notes and collect the moneys Monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situatedAssets. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion discretion, and shall, subject to the terms of this Indenture (including Section 6.3(e)) upon written direction of a Majority of the Controlling Class, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Secured Parties by such appropriate judicial proceedings Proceedings as the Trustee shall deem most effectual (if no such direction is received by the Trustee) or as the Trustee may be directed by a Majority of the Controlling Class, to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture herein or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.remedy or legal or equitable right vested in the Trustee by this Indenture or by law. In case there shall be pending Proceedings relative to either of the Issuers or any other obligor upon the Secured Notes under the Bankruptcy Law or any other applicable bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have been appointed for or taken possession of the Issuer its respective property or such other obligor or its property, or in case of any other comparable Proceedings relative to the Issuer or other obligor upon the Secured Notes, or the creditors or property of the Issuer or the Co-Issuer or such other obligor, the Trustee, regardless of whether the principal of any Secured Notes shall then be due and payable as therein expressed or by declaration or otherwise and regardless of whether the Trustee shall have made any demand pursuant to the provisions of this Section 5.3, shall be entitled and empowered, by intervention in such Proceedings or otherwise:

Appears in 9 contracts

Samples: Indenture and Security Agreement (Blue Owl Capital Corp), Indenture and Security Agreement (Owl Rock Capital Corp), Indenture and Security Agreement (Blue Owl Capital Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of principal, premium, interest or Liquidated Damages specified in clause (a1) or (b2) of Section 801 shall have occurred 6.1 occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal, premium (if any), interest, Liquidated Damages and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any), and interest, if any, and, to the extent permitted by law, interest on premium, if any, Liquidated Damages and on any overdue principal and interest, at the rate or rates prescribed therefor in such borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs, fees and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 8 contracts

Samples: Indenture (Total Renal Care Holdings Inc), Antec Corp, Halter Marine Group Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a1) or (b2) of Section 801 shall have 501 has occurred and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have has occurred, the whole amount then due and payable on such Securities for principal (and premium, if any, ) and interest, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907607. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem deems most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 7 contracts

Samples: Indenture (China Gerui Advanced Materials Group LTD), Indenture (Core Molding Technologies Inc), Indenture (Core Molding Technologies Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuing, the Company or the Guarantor shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, interest and interestAdditional Amounts, if any, and, to the extent permitted by law, interest on any overdue principal, premium, interest and Additional Amounts, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor herein or in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. Unless otherwise specified pursuant to Section 301 with respect to any series of Securities, the rate or rates at which Securities shall bear interest on overdue principal, premium, interest and Additional Amounts shall be, to the extent permitted by law, the same rate or rates at which such Securities shall bear interest prior to maturity. If the Company or the Guarantor shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company Company, the Guarantor or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Company, the Guarantor or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 7 contracts

Samples: Indenture (Txu Eastern Holdongs LTD), Indenture (Txu Europe Funding I L P), Txu Europe Funding I L P

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 901 shall have occurred and be continuingoccurred, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 9071007. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 6 contracts

Samples: Indenture (PPL Electric Utilities Corp), Oncor Electric Delivery Co, Mdu Resources Group Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event The Company covenants that, if default is made in the payment of Default described in clause (a) the principal of or (b) of Section 801 interest on any Security when the same shall have occurred become due and be continuingpayable, the Company shallwill, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, interest and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on any overdue principal and on any overdue interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to the Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of the Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 5 contracts

Samples: Indenture (Vault Holding 1, LLC), Indenture (iCap Vault 1, LLC), Indenture (Vault Holding 1, LLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 10.01 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series Bonds with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities Bonds for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 90711.07. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities Bonds and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesBonds, wherever situated. If an Event of Default with respect The Trustee shall, to Securities the extent permitted by law, be entitled to xxx and recover judgment as aforesaid either before, during or after the pendency of any series shall have occurred proceedings for the enforcement of the lien of this Indenture, and be continuingin case of a sale of the Mortgaged Property or any part thereof and the application of the proceeds of sale as aforesaid, the Trustee may Trustee, in its discretion proceed own name and as trustee of an express trust, shall be entitled to protect enforce payment of, and enforce its rights to receive, all amounts then remaining due and unpaid upon the rights Bonds then Outstanding for principal, premium, if any, and interest, if any, for the benefit of the Holders thereof, and shall be entitled to recover judgment for any portion of the same remaining unpaid, with interest as aforesaid. No recovery of any such judgment by the Trustee and no levy of any execution upon any such judgment upon any of the Mortgaged Property or any other property of the Company shall affect or impair the lien of this Indenture upon the Mortgaged Property or any part thereof or any rights, powers or remedies of the Trustee hereunder, or any rights, powers or remedies of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedyBonds.

Appears in 5 contracts

Samples: Indenture of Mortgage (PG&E Corp), Indenture of Mortgage (PG&E Corp), Indenture of Mortgage (PG&E Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interestin- terest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 5 contracts

Samples: FPL Group Capital Inc, Montana Power Co /Mt/, Texas Utilities Co /Tx/

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described specified in clause (aSection 501(1) or (b501(2) of Section 801 shall have occurred hereof occurs and be continuingis continuing with respect to the Notes, the Company shallwill, upon demand of the Trustee, pay to it, the Trustee for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredNotes, the whole amount then due and payable on such Securities Notes for principal (and premium, if any, ) and interest, and interest on any overdue principal (and premium, if any, ) and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on upon any overdue principal and installment of interest, at the rate or rates prescribed therefor in borne by such SecuritiesNotes, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesNotes, wherever situated. If an Event of Default occurs and is continuing with respect to Securities of any series shall have occurred and be continuingthe Notes, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series under this Indenture and the Note Guarantees by such appropriate judicial proceedings as the Trustee shall deem most effectual necessary to protect and enforce any such rights, rights whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 5 contracts

Samples: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Aircastle LTD)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 701 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907807. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 5 contracts

Samples: Indenture (Washington Water Power Capital Iii), Avista Corp, Washington Water Power Co

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described specified in clause (aSections 5.01(a) or (b5.01(b) occurs with respect to the Securities of Section 801 shall have occurred and be continuingany series, the Company shall, upon demand of the Trustee, pay to itin its own name as trustee of an express trust, (i) may institute a judicial proceeding for the benefit collection of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities of that series for principal (and premium, if any, ) and interest, and interest on any overdue principal (and premium, if any, ) and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on upon any overdue principal and installment of interest, at the rate or rates prescribed therefor in such Securitiesborne by the Securities of that series, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If costs and expenses of collection, including the Company shall fail to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trustcounsel, may institute a judicial proceeding for the collection of the sums so due and unpaid, (ii) may prosecute such proceeding to judgment or final decree decree, and (iii) may enforce the same against the Company or any other obligor upon such the Securities of that series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securitiesthe Securities of that series, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such that series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 4 contracts

Samples: Braskem Finance LTD, Braskem Finance LTD, Braskem Finance LTD

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described specified in clause (a) Section 5.1.1 or (b) of Section 801 shall have occurred and be continuing5.1.2 occurs, the Company shall, upon demand of the Trustee, pay to itin its own name as trustee of an express trust, (i) may institute a judicial proceeding for the benefit collection of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, interest on any overdue principal and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on upon any overdue principal and installment of interest, at the rate or rates prescribed therefor in such borne by the Securities, any Additional Amounts due with respect to the Securities and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If costs and expenses of collection, including the Company shall fail to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trustcounsel, may institute a judicial proceeding for the collection of the sums so due and unpaid, (ii) may prosecute such proceeding to judgment or final decree and (iii) may enforce the same against the Company Company, the Guarantor or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Company, the Guarantor or any other obligor upon such the Securities, wherever situated. If an Event of Default occurs and is continuing with respect to Securities of any series shall have occurred and be continuingseries, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such that series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rightsavailable proceeding at law or in equity, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 4 contracts

Samples: Indenture (Embraer - Empresa Brasileira De Aeronautica S.A.), Indenture (Embraer - Empresa Brasileira De Aeronautica S.A.), Embraer S.A.

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event The Company covenants that if default is made in the payment of Default described in clause (a1) any installment of interest on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days or (b2) the principal of Section 801 shall have occurred (and be continuingpremium, if any, on) any Security of any series at the Maturity thereof or otherwise, the Company shallwill, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of the such Securities of the each series with respect to which such Event of Default shall have occurredso affected, the whole amount then due and payable on such Securities of such series for principal (and premium, if any, and ) or interest, if any, or both, as the case may be, with interest upon the overdue principal and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on any upon overdue principal and installments of interest, at the rate or rates prescribed therefor in per annum borne by the Securities during the period of such Securities, default; and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such the Securities of each series so affected and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securitiesthe Securities of each series so affected, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 4 contracts

Samples: Indenture (El Paso Natural Gas Co), Burlington Resources Finance Co, Energy Partners LTD

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of principal, premium, or interest specified in clause (a1) or (b2) of Section 801 shall have occurred 6.1 occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and premiumprincipal, premium (if any, ) and interest, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal and interest, at the rate or rates prescribed therefor in such borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any the costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee and its agents and counsel and all other amounts due to the Trustee under Section 9077.7. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 4 contracts

Samples: Indenture (Multiverse Acquisition Corp), Indenture (Talk Radio Network Inc), Jacor Communications Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause The Company covenants that if (a) default is made in the payment of any interest on any Security when such interest becomes due and payable and such default continues for a period of 30 days, or (b) default is made in the payment of Section 801 shall have occurred and be continuingthe principal of (or premium, if any, on) any Security at the Maturity thereof, then the Company shallwill, upon written demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any, ) and interest, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an any Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 4 contracts

Samples: Indenture (New York State Electric & Gas Corp), Indenture (Energy East Corp), Energy East Corp

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuingoccurred, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 4 contracts

Samples: Indenture (PPL Energy Supply LLC), Southwestern Electric Power Co, Aep Capital Trust Iii

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described specified in clause (aSections 5.01(1), 5.01(2) or (b5.01(3) occurs with respect to Securities of Section 801 shall have occurred and be continuingany series, the Company shallwill, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of the such Securities of the series with respect to which such Event of Default shall have occurredand any coupons appertaining thereto, the whole amount then due and payable on such Securities and coupons for principal (and premium, if any, ) and interest, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal and installments of interest, at the rate or rates prescribed therefor in such SecuritiesSecurities and coupons, and, in addition thereto, such further amount as shall be sufficient to cover any the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel and all other amounts due to the Trustee under Section 9076.07. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon Securities of such Securities series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon Securities of such Securitiesseries, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series and any related coupons by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 4 contracts

Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in clause occurs under Section 501(1), (a2), (3) or (b4) of Section 801 shall have occurred and be continuing, with respect to any Junior Subordinated Notes the Company shallwill, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredJunior Subordinated Notes, the whole amount then due and payable on such Securities Junior Subordinated Notes for principal (and premium, if any, ) and interestinterest (including Additional Interest, if any, ) and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal and interestinterest (including Additional Interest, if any), at the rate or rates prescribed therefor in such SecuritiesJunior Subordinated Notes, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due to the Trustee under Section 907607. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities Junior Subordinated Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesJunior Subordinated Notes, wherever situated. If an Event of Default with respect to Securities Junior Subordinated Notes of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities Junior Subordinated Notes of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 4 contracts

Samples: Subordinated Note Indenture (Georgia Power Co), Southern Power Co, Pg&e Corp

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of principal, premium, interest or Liquidated Damages specified in clause (a1) or (b2) of Section 801 shall have occurred 6.1 occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredNotes, the whole amount then due and payable on such Securities Notes for principal, premium (if any), interest, Liquidated Damages and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any), and interest, if any, and, to the extent permitted by law, interest on premium, if any, Liquidated Damages and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securitiesborne by the Notes, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs, fees and expenses of collection, including compensation to, and expenses, disbursements and advances of, the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may at the expense of the Company institute a judicial proceeding for the collection of the sums so due and unpaid, may at the expense of the Company prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securitiesthe Notes, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Fine Host Corp, Cellular Communications International Inc, Cellular Communications International Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event The Company covenants that if (1) default is made in the payment of Default described in clause (a) any interest on any Security when such interest becomes due and payable and such default continues for a period of 30 days or (b2) default is made in the payment of Section 801 shall have occurred and be continuingthe principal of or premium, if any, on any Security at the Maturity thereof, the Company shallwill, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, interest and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on any overdue principal and premium and on any overdue interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual necessary to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (Chevron Corp), Indenture (Chevron Corp), Indenture (Chevron Usa Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 901 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities Notes of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities Notes for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such SecuritiesNotes, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 9071007. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesNotes, wherever situated. If an Event of Default with respect to Securities Notes of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights (including, prior to the Release Date, any rights the Trustee may have as a holder of Senior Note First Mortgage Bonds) and the rights of the Holders of Securities Notes of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Carolina Power & Light Co, Southern Indiana Gas & Electric Co, Carolina Power & Light Co

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal principal, premium and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (Txu Corp /Tx/), Indenture (Txu Energy Co LLC), Txu Capital Iv

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described specified in clause (aSections 5.01(a) or (b5.01(b) occurs with respect to the Securities of Section 801 shall have occurred and be continuingany series, the Company shall, upon demand of the Trustee, pay to itin its own name as trustee of an express trust, (i) may institute a judicial proceeding for the benefit collection of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities of that series for principal (and premium, if any, ) and interest, and interest on any overdue principal (and premium, if any, ) and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on upon any overdue principal and installment of interest, at the rate or rates prescribed therefor in such Securitiesborne by the Securities of that series, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If costs and expenses of collection, including the Company shall fail to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trustcounsel, may institute a judicial proceeding for the collection of the sums so due and unpaid, (ii) may prosecute such proceeding to judgment or final decree decree, and (iii) may enforce the same against the Company or any other obligor upon such the Securities of that series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securitiesthe Securities of that series, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such that series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (Fibria Overseas Finance Ltd.), Indenture (Fibria Celulose S.A.), Fibria Celulose S.A.

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event The Company covenants that if the Company shall fail for a period of Default described in clause 30 days to pay any installment of interest on the Securities of any series or shall fail to pay the principal of (aand premium, if any, on) any of the Securities of any series when and as the same shall become due and payable, whether at Stated Maturity, or (b) of Section 801 shall have occurred and be continuingby call for redemption, pursuant to any sinking fund, by declaration as authorized by this Indenture, or otherwise, the Company shallwill, upon demand of the Trustee, pay to it, for the benefit of the Holders of the such Securities of the series with respect to which such Event of Default shall have occurredand Coupons, if any, the whole amount then due and payable on such Securities and Coupons, if any, for principal (and premium, if any, ) and interest, if any, interest and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities (or, in the case of Original Issue Discount Securities, the Securities; Yield to Maturity) and Coupons, if any, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If costs and expenses of collection, including the Company shall fail to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situatedcounsel. If an Event of Default with respect to Securities and Coupons, if any, of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Washington Mutual Inc, Aristar Inc, Washington Mutual Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of principal, premium, or interest specified in clause (a) or (b) of Section 801 shall have occurred 6.1 occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and premiumprincipal, premium (if any, ) and interest, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal and interest, at the rate or rates prescribed therefor in such borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any the costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee and its agents and counsel and all other amounts due to the Trustee under Section 9077.7. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Universal Outdoor Inc, Universal Outdoor Inc, Universal Outdoor Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of principal, premium or interest specified in clause (ai) or (bii) of Section 801 shall have occurred 6.1 hereof occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredNotes, the whole amount then due and payable on such Securities Notes for principal principal, premium (if any), and premiuminterest (and Liquidated Damages, if any, and interest, if any), and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any), and on any overdue principal interest (and interestLiquidated Damages, if any), at the rate or rates prescribed therefor in such Securitiesborne by the Notes, and, in addition thereto, such further amount as shall be sufficient to cover any the costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee and its agents and counsel and all other amounts due to the Trustee under Section 9077.7. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securitiesthe Notes, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: NPR Inc, Tri City Dialysis Center Inc, Penton Media Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event The Company covenants that if (1) default is made in the payment of Default described in clause (a) any interest on any Security when such interest becomes due and payable and such default continues for a period of 30 days, or (b2) default is made in the payment of Section 801 shall have occurred and be continuingthe principal of (or premium, if any, on) any Security at the Maturity thereof, the Company shallwill, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and premium, if any, any premium and interest, if any, interest and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on any overdue principal and premium and on any overdue interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.. 33

Appears in 3 contracts

Samples: El Paso Natural Gas Co, El Paso Natural Gas Co, El Paso Natural Gas Co

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event The Company covenants that (1) in case default shall be made in the payment of Default described in clause (a) any installment of interest on any Security of any series, as and when the same shall become due and payable, and such default shall have continued for a period of 30 days, or (b2) in case default shall be made in the payment of Section 801 the principal of (and premium, if any, on) any Security of any series on its Maturity and such default shall have occurred and be continuingcontinued for a period of five business days, the Company shallthen, upon demand of the Trustee, the Company will pay to itthe Trustee, for the benefit of the Holders of the such Securities of the series with respect to which such Event of Default shall have occurredseries, the whole amount that then shall have become due and payable on all such Securities for principal (and premium, if any, and ) or interest, if anyor both, andas the case may be, with interest upon the overdue principal and (to the extent permitted by that payment of such interest is enforceable under applicable law, ) upon overdue installments of interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in borne by the Securities during the period of such Securities, default; and, in addition thereto, such further amount as shall be sufficient to cover any amounts due reasonable compensation to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name agents, attorneys and counsel, and all other expenses and liabilities incurred, and all advances made, by the Trustee except as trustee a result of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment its negligence or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situatedbad faith. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (Carnival PLC), Indenture (Carnival PLC), Carnival PLC

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event The Company covenants that (1) in case default shall be made in the payment of Default described in clause (a) any installment of interest on any Security of any series and any related coupon, as and when the same shall become due and payable, and such default shall have continued for a period of 90 days, or (b2) in case default shall be made in the payment of Section 801 the principal (or premium, if any, on) any Security of any series at its Maturity and such default shall have occurred and be continuing, the Company shallcontinued for a period of five business days then, upon demand of the Trustee, the Company will pay to itthe Trustee (such demand and payment in the case of Bearer Securities to occur only outside of the United States, for the benefit of the Holders of the Securities of the such series with respect to which such Event of Default shall have occurredand coupons, the whole amount that then shall have become due and payable on such Securities and coupons of that series for principal and premium, if any, and any premium or interest, if anyor both, andas the case may be, with interest upon the overdue principal and (to the extent permitted by that payment of such interest is enforceable under applicable law, ) upon overdue installments of interest on premium, if any, and on any overdue principal and interest, at the rate borne by or rates prescribed therefor provided for in such Securities, Securities during the period of such default; and, in addition thereto, such further amount as shall be sufficient to cover any amounts due reasonable compensation to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name agents, attorneys and counsel, and all other expenses and liabilities incurred, and all advances made, by the Trustee except as trustee a result of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment its negligence or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situatedbad faith. If an Event of Default with respect to Securities of any series shall have occurred (or of all series, as the case may be) occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series (or of all series, as the case may be) and any related coupons by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (American Axle & Manufacturing Holdings Inc), American Axle & Manufacturing Holdings Inc, American Axle & Manufacturing Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of principal, premium, or interest specified in clause (a) or (b) of Section 801 shall have occurred 6.01 occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and premiumprincipal, premium (if any, ) and interest, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal and interest, at the rate or rates prescribed therefor in such borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907reasonable costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Price Communications Corp, Price Communications Corp, Price Communications Wireless Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in clause (apayment of principal, premium or interest specified in Section 6.1(a) or and (b) of Section 801 shall have occurred occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on any overdue principal and on any overdue interest, at the rate or rates prescribed therefor in such borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Rights Agreement (Jazz Casino Co LLC), Rights Agreement (JCC Holding Co), Rights Agreement (Jazz Casino Co LLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuing, the Company or the Guarantor shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. Unless otherwise specified pursuant to Section 301 with respect to any series of Securities, the rate or rates at which Securities shall bear interest on overdue principal, premium, interest and Additional Interest, if any, shall be, to the extent permitted by law, the same rate or rates at which such Securities shall bear interest prior to Maturity. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company and the Guarantor or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company and the Guarantor or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (FPL Group Inc), FPL Group Capital Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Issuers covenant that if an Event of Default described in payment of principal, premium, or interest specified in clause (a1) or (b2) of Section 801 shall have occurred 6.1 occurs and be is continuing, the Company Issuers shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and premiumprincipal, premium (if any), interest and interestAdditional Interest, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal interest and interestAdditional Interest, if any, at the rate or rates prescribed therefor in such borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907reasonable costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall Issuers fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company Issuers or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Issuers or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Centennial Communications Corp /De, Centennial Communications Corp /De

Collection of Indebtedness and Suits for Enforcement by Trustee. If Subject to Section 11.2 hereof, the Company covenants that if an Event of Default described in payment of principal of, premium, if any, or interest specified in clause (a) or (b) of Section 801 shall have occurred 6.1 hereof occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredDebentures, the whole amount then due and payable on such Securities Debentures for principal and principal, premium, if any, and interest, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal, and premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securitiesborne by the Debentures, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon within 10 days of such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securitiesthe Debentures, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Healthcare Realty Trust Inc, Mercury Air Group Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in clause occurs under Section 501(1), (a2), (3) or (b4) of Section 801 shall have occurred and be continuing, with respect to any Securities the Company shallwill, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any, ) and interestinterest (including Additional Sums, if any, ) and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal and interestinterest (including Additional Sums, if any), at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due to the Trustee under Section 907607. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: PPL Electric Utilities Corp, Southern Investments Uk Capital Trust I

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal principal, premium and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. Unless otherwise specified pursuant to Section 301 with respect to any series of Securities, the rate or rates at which Securities shall bear interest on overdue principal, premium, if any, and interest, if any, shall be, to the extent permitted by law, the same rate or rates at which such Securities shall bear interest prior to Maturity. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Laclede Capital Trust I), Laclede Gas Co

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuing, the Company shallshall fail for a period of 30 days to pay any installment of interest on the Securities of any series or shall fail to pay the principal of and premium, if any, on any of the Securities of such series when and as the same shall become due and payable, whether at maturity, or by call for redemption by declaration as authorized by this Indenture or otherwise, then, upon demand of the Trustee, the Company will pay to it, the Trustee for the benefit of the Holders of the Securities of the such series with respect to which such Event of Default shall have occurred, then Outstanding the whole amount which then shall have become due and payable on any such Securities for Security, with interest on the overdue principal and premium, if any, and interest, if any, and, to (so far as the extent permitted by law, same may be legally enforceable) on the overdue installments of interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in borne by the Securities of such Securitiesseries, and, in addition thereto, such further amount as shall be sufficient to cover any and all amounts due to owing the Trustee and any predecessor trustee hereunder under Section 9076.7. If In case the Company shall fail forthwith to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may shall be entitled and empowered to institute a judicial any action or proceeding at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree decree, and may enforce the same any such judgment or final decree against the Company or any other obligor upon the Securities of such Securities series, and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities of such Securitiesseries, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, in the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.manner provided by

Appears in 2 contracts

Samples: Citigroup Capital XVIII, Citigroup Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event The Company covenants that if: default is made in the payment of Default described any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or default is made in clause (a) or (b) the payment of Section 801 shall have occurred the principal of and be continuingany premium on any Security at the Maturity thereof, the Company shallwill, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and premium, if any, any premium and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on (including any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, Additional Interest) and, in addition thereto, such further amount as shall be sufficient to cover any all amounts due to owing the Trustee under Section 9076.6. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Summit Bank Corp), Vision Bancshares Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, interest and interestAdditional Amounts, if any, and, to the extent permitted by law, interest on any overdue principal, premium, interest, and Additional Amounts, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. Unless otherwise specified pursuant to Section 301 with respect to any series of Securities, the rate or rates at which Securities shall bear interest on overdue principal, premium, interest and Additional Amounts shall be, to the extent permitted by law, the same rate or rates at which such Securities shall bear interest prior to maturity. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Nice Systems LTD), Txu Australia Holdings Partnership L P

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event The Company covenants that if default is made in the payment of Default described in clause (a1) any installment of interest on any Security of any series when such interest becomes due and payable and such default continues for a period of 30 days or (b2) the principal of Section 801 shall have occurred (and be continuingpremium, if any, on) any Security of any series at the Maturity thereof or otherwise, the Company shallwill, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of the such Securities of the each series with respect to which such Event of Default shall have occurredso affected, the whole amount then due and payable on such Securities of such series for principal (and premium, if any, and ) or interest, if any, or both, as the case may be, with interest upon the overdue principal and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on any upon overdue principal and installments of interest, at the rate or rates prescribed therefor in per annum borne by the Securities during the period of such Securities, default; and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company Company, the Guarantor or any other obligor upon such the Securities of each series so affected and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Company, the Guarantor or any other obligor upon such Securitiesthe Securities of each series so affected, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Burlington Resources Inc), Indenture (Burlington Resources Finance Co)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event The Company covenants that if (1) default is made in the payment of Default described in clause any interest on any Security when such interest becomes due and payable and such default continues for a period of 30 days (a) whether or not such payment is prohibited by the provisions of Article XIV hereof), or (b2) default is made in the payment of Section 801 shall have occurred and be continuingthe principal of (or premium, if any, on) any Security at the Maturity thereof (whether or not such payment is prohibited by the provisions of Article XIV hereof), then the Company shallwill, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and premium, if any, any premium and interest, if any, interest and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on any overdue principal and premium and on any overdue interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel and other amounts due to the Trustee under pursuant to Section 907607. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company Company, or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Company, or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Enterprise Financial Services Corp, Park National Corp /Oh/

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 701 shall have occurred and be continuing, the Company or the Guarantor shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907807. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company and the Guarantor or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company and the Guarantor or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of the Securities of such series then Outstanding by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Dqe Capital Corp), Dqe Capital Corp

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in clause payment of Contingent Payments specified in Section 7.1(1) and (a2) or (b) of Section 801 shall have occurred occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if anyContingent Payments, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on any overdue principal and interestContingent Payments, at the rate or rates prescribed therefor in such Securitiesof 8% per annum, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Tia Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event The Company covenants that (1) in case default shall be made in the payment of Default described in clause (a) any installment of interest on any Security of any series, as and when the same shall become due and payable, and such default shall have continued for a period of 30 days, or (b2) in case default shall be made in the payment of Section 801 the principal of (and premium, if any, on) any Security of any series on its Maturity and such default shall have occurred and be continuing, the Company shallcontinued for a period of five business days then, upon demand of the Trustee, the Company will pay to itthe Trustee, for the benefit of the Holders of the such Securities of the series with respect to which such Event of Default shall have occurredseries, the whole amount that then shall have become due and payable on all such Securities for principal (and premium, if any, and ) or interest, if anyor both, andas the case may be, with interest upon the overdue principal and (to the extent permitted by that payment of such interest is enforceable under applicable law, ) upon overdue installments of interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in borne by the Securities during the period of such Securities, default; and, in addition thereto, such further amount as shall be sufficient to cover any amounts due reasonable compensation to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name agents, attorneys and counsel, and all other expenses and liabilities incurred, and all advances made, by the Trustee except as trustee a result of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment its negligence or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situatedbad faith. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its is rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Carnival Corp), Indenture (Carnival Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of principal, premium or interest specified in clause (a) or clause (b) of Section 801 shall have occurred 6.1 occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredNotes, the whole amount then due and payable on such Securities Notes for principal and premiumprincipal, premium (if any, ) and interest, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securitiesborne by the Notes, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon within 10 days of such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securitiesthe Notes, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy. The Trustee shall also be authorized to take whatever additional action at law or in equity may appear to be necessary or desirable to collect the monies necessary to pay the principal, premium (if any) and interest on the Notes.

Appears in 2 contracts

Samples: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in clause payment of principal, premium, or interest (aincluding Contingent Payments) or specified in Section 7.1(1) and (b2) of Section 801 shall have occurred occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if anyinterest (including Contingent Payments), and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on any overdue principal and intereston any overdue interest (including Contingent Payments), at the rate or rates prescribed therefor in such borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Jazz Casino Co LLC), Jazz Casino Co LLC

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 9.01 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredoccurred and be continuing, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 90710.07. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual necessary to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Duke Energy Ohio, Inc., Duke Energy Ohio, Inc.

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 8.01 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Debt Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Debt Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, (i) interest on premium, if any, and (ii) interest on any overdue principal and interest(iii) Additional Interest, at the rate or rates prescribed therefor in such Debt Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 9079.07. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Debt Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Debt Securities, wherever situated. If an Event of Default with respect to Debt Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Debt Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Devon Energy Corp/De), Devon Financing Trust Ii

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of principal, premium or interest specified in clause (a1) or (b2) of Section 801 shall have occurred 6.1 occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and principal, premium, if any, and interest, if any, interest and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal, premium, if any, and on any overdue principal and interest, or interest at the rate or rates prescribed therefor set forth in such the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any the costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee and its agents and counsel and all other amounts due to the Trustee under Section 9077.7. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (HPSC Inc), HPSC Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Issuers covenant that, with respect to a series of Securities, if an Event of Default described in clause (apayment of principal, premium, or interest specified in Section 6.1(1) or (b2) occurs and is continuing with respect to such series of Section 801 shall have occurred and be continuingSecurities, the Company Issuers shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities such series of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such series of Securities for principal, premium (if any) and interest and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, ) and on any overdue principal and interest, at the rate or rates prescribed therefor in borne by such series of Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall Issuers fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders of such series of Securities, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company Issuers or any other obligor upon such series of Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Issuers or any other obligor upon such series of Securities, wherever situated. If an Event of Default occurs and is continuing with respect to Securities a series of any series shall have occurred and be continuingSecurities, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

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

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of any amount specified in clause (a1) or (b2) of Section 801 shall have occurred 6.1 occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premiumany such overdue amounts, if any, and on including any overdue principal and interest, at the rate or rates prescribed therefor in such borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907reasonable costs and expenses of collection, including compensation to, and reasonable expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Mueller Industries Inc), Indenture (Mueller Industries Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company and each Guarantor covenant that if an Event of Default described specified in clause (a) or (b) of Section 801 5.01 shall have occurred and be continuing, the Company shalland each Guarantor will, jointly and severally, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredNotes, the whole amount then due and payable on such Securities Notes for principal and principal, premium, if any, and interest, with interest upon the overdue principal, premium, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on any upon overdue principal and installments of interest, at the rate or rates prescribed therefor in such Securities, then borne by the Notes; and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall and each Guarantor, fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may may, but is not obligated under this paragraph to, institute a judicial proceeding for the collection of the sums so due and unpaidunpaid and may, may but is not obligated under this paragraph to, prosecute such proceeding to judgment or final decree decree, and may may, but is not obligated under this paragraph to, enforce the same against the Company Company, any Guarantor or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any Guarantor or any other obligor upon such Securitiesthe Notes, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion discretion, but is not obligated under this paragraph to, (i) proceed to protect and enforce its rights and the rights of the Holders of Securities of such series under this Indenture or any Note Guarantee by such appropriate private or judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted herein, including, without limitation, seeking recourse against any Guarantor or (ii) proceed to protect and enforce any other proper remedy, including, without limitation, seeking recourse against any Guarantor. No recovery of any such judgment upon any property of the Company or any Guarantor shall affect or impair any rights, powers or remedies of the Trustee or the Holders.

Appears in 2 contracts

Samples: Indenture (Saks Inc), Indenture (Saks Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. Unless otherwise specified pursuant to Section 301 with respect to any series of Securities, the rate or rates at which Securities shall bear interest on overdue principal, premium, if any, and interest, if any, shall be, to the extent permitted by law, the same rate or rates at which such Securities shall bear interest prior to Maturity. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Allete Capital Iii), Minnesota Power Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of principal, premium, or interest specified in clause (a) or (b) of Section 801 shall have occurred 6.01 occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredNotes, the whole amount then due and payable on such Securities Notes for principal and premiumprincipal, premium (if any, ) and interest, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securitiesborne by the Notes, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (MDC Holdings Inc), Indenture (MDC Holdings Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described specified in clause (aSection 5.01(a) or (bSection 5.01(b) of Section 801 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event any Securities of Default shall have occurred, the whole amount then due a series occurs and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demandis continuing, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due whole amount of principal and unpaidinterest, remaining unpaid on such series of Securities, with interest upon the overdue principal, if any, and, to the extent that payment of such interest shall be legally enforceable, upon overdue installments of interest, at the rate borne by the Securities of such series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and the Trustee may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon the Securities of such Securities series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities of such Securitiesseries, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series under this Indenture by such appropriate private or judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy, subject however to Section 5.12. No recovery of any such judgment upon any property of the Company shall affect or impair any rights, powers or remedies of the Trustee or the Holders.

Appears in 2 contracts

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

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Issuer covenants that if an Event of Default described in payment of principal, premium, or interest specified in clause (a1) or (b2) of Section 801 shall have occurred 6.1 occurs and be is continuing, the Company Issuer shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and premiumprincipal, premium (if any), interest and interestAdditional Interest, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal interest and interestAdditional Interest, if any, at the rate or rates prescribed therefor in such borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907reasonable costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail Issuer fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company Issuer or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Issuer or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Centennial Communications Corp /De, Centennial Communications Corp /De

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Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of principal, premium or interest specified in clause (ai) or (bii) of Section 801 shall have occurred 6.1 hereof occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and premiumprincipal, premium (if any), and interest, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any), and on any overdue principal and interest, at the rate or rates prescribed therefor in such borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any the costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee and its agents and counsel and all other amounts due to the Trustee under Section 9077.7. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Tia Indenture (Sun Healthcare Group Inc), Tia Indenture (Sun Healthcare Group Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuingoccurred, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Grand Court Lifestyles Inc), Grand Court Lifestyles Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of principal, premium or interest specified in clause (a1) or (b2) of Section 801 shall have occurred 6.1 occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal, premium (if any), interest and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, ) and on any overdue principal and interest, at the rate or rates prescribed therefor in such borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee Trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Platinum Technology Inc, Platinum Technology Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. Unless otherwise specified pursuant to Section 301 with respect to any series of Securities, the rate or rates at which Securities shall bear interest on overdue principal, premium, interest and Additional Interest, if any, shall be, to the extent permitted by law, the same rate or rates at which such Securities shall bear interest prior to Maturity. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Florida Power & Light CO Trust II, FPL Group Trust II

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event Each of Default described the Companies covenants that if default is made by it in clause (a) or (b) the payment of Section 801 shall have occurred and be continuingthe principal of any Securities of any series at the Maturity thereof, the such Company shallwill, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable by it on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the a Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums sum so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same same, severally and not jointly, against the such Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the such Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of the Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.such

Appears in 2 contracts

Samples: Starwood Lodging Corp, Starwood Lodging Trust

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of principal, premium or interest specified in clause (a1) or (b2) of Section 801 shall have occurred 6.1 hereof occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredNotes, the whole amount then due and payable on such Securities Notes for principal principal, premium (if any), and premiuminterest (and Liquidated Damages, if any, and interest, if any), and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any), and on any overdue principal interest (and interestLiquidated Damages, if any), at the rate or rates prescribed therefor in such Securitiesborne by the Notes, and, in addition thereto, such further amount as shall be sufficient to cover any the costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee and its agents and counsel and all other amounts due to the Trustee under Section 9077.7. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securitiesthe Notes, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Radiologix Inc, Radiologix Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in clause (aSection 5.01(a) or (b) of Section 801 shall have occurred and be continuing, occurs the Company shallwill, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredNotes, the whole amount then due and payable on such Securities Notes for principal and premium, if any, and interest, if any, interest and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on any overdue principal and on any overdue interest, at the rate or rates prescribed therefor in such Securities, borne by the Notes and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums sum so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesNotes, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred Notes occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series the Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual appropriate to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Selective Insurance Group Inc), Indenture (Selective Insurance Group Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described specified in clause (aSection 5.1(1) or (b2) of Section 801 shall have occurred and be continuingoccurs, the Company shallwill, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredNotes, the whole amount then due and payable on such Securities Notes for principal and principal, premium, if any, and interestinterest with interest on any overdue principal, premium, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, Notes and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts amount forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company Company, any Guarantor or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Company, any Guarantor or any other obligor upon such Securitiesthe Notes, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred Notes occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Mesa Air New York, Inc., Mesa Air New York, Inc.

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event The Company covenants that (1) in case default shall be made in the payment of Default described in clause (a) any installment of interest on any Security of any series and any related coupon, as and when the same shall become due and payable, and such default shall have continued for a period of 90 days, or (b2) in case default shall be made in the payment of Section 801 the principal (or premium, if any, on) any Security of any series at its Maturity and such default shall have occurred and be continuing, the Company shallcontinued for a period of five Business Days then, upon demand of the Trustee, the Company will pay to itthe Trustee (such demand and payment in the case of Bearer Securities to occur only outside of the United States), for the benefit of the Holders of the Securities of the such series with respect to which such Event of Default shall have occurredand coupons, the whole amount that then shall have become due and payable on such Securities and coupons of that series for principal and premium, if any, and any premium or interest, if anyor both, andas the case may be, with interest upon the overdue principal and (to the extent permitted by that payment of such interest is enforceable under applicable law, ) upon overdue installments of interest on premium, if any, and on any overdue principal and interest, at the rate borne by or rates prescribed therefor provided for in such Securities, Securities during the period of such default; and, in addition thereto, such further amount as shall be sufficient to cover any amounts due reasonable compensation to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name agents, attorneys and counsel, and all other expenses and liabilities incurred, and all advances made, by the Trustee except as trustee a result of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment its negligence or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situatedbad faith. If an Event of Default with respect to Securities of any series shall have occurred (or of all series, as the case may be) occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series (or of all series, as the case may be) and any related coupons by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Hologic Inc, Hologic Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Issuer covenants that if an Event of Default described in clause (a) or (b) of Section 801 shall have occurred occur and be continuingcontinuing and the Notes have been declared, or automatically become, due and payable and such declaration or automatic acceleration has not been rescinded and annulled, the Company shallIssuer will, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredNotes, the whole amount then due and payable on such Securities the Notes for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, with interest upon the overdue principal and overdue interest at the rate or rates prescribed therefor in such Securities, applicable Note Rate and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail Issuer fails to pay such amounts amount forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust may, may institute a judicial proceeding Proceedings for the collection of the sums so due and unpaid, may and prosecute such proceeding Proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon such Securities Issuer and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesIssuer, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Noteholders by such appropriate judicial proceedings Proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Trendwest Resorts Inc), Trendwest Resorts Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of principal, premium, interest or Liquidated Damages specified in clause (a) or (b) of Section 801 shall have occurred 6.1 occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredNotes, the whole amount then due and payable on such Securities Notes for principal and principal, premium, if anyinterest, and interestLiquidated Damages, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any), Liquidated Damages and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securitiesborne by the Notes, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907reasonable costs and expenses of collection, including compensation to, and reasonable expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securitiesthe Notes, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 2 contracts

Samples: Indenture (Mmi Products Inc), Tia Indenture (Mmi Products Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of principal, premium, interest or Liquidated Damages specified in clause (a1) or (b2) of Section 801 shall have occurred 6.1 occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal, premium (if any), interest and Liquidated Damages, if any, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and intereston any overdue interest and Liquidated Damages, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907reasonable costs and expenses of collection, including reasonable compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Tia Indenture (Petsmart Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. Unless otherwise specified pursuant to Section 301 with respect to any series of Securities, the rate or rates at which Securities shall bear interest on overdue principal, premium, if any, and interest, if any, shall be, to the extent permitted by law, the same rate or rates at which such Securities shall bear interest prior to Maturity. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (National Fuel Gas Co)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuingoccurred, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, interest and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Subordinated Indenture (Southwestern Electric Power Co)

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in clause occurs under Section 501(1), (a2) or (b3) of Section 801 shall have occurred and be continuingwith respect to any Junior Subordinated Notes, the Company shallwill, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredJunior Subordinated Notes, the whole amount then due and payable on such Securities Junior Subordinated Notes for principal (and premium, if any, ) and interestinterest (including Additional Interest, if any, ) and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal and interestinterest (including Additional Interest, if any), at the rate or rates prescribed therefor in such SecuritiesJunior Subordinated Notes, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due to the Trustee under Section 907607. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities Junior Subordinated Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesJunior Subordinated Notes, wherever situated. If an Event of Default with respect to Securities Junior Subordinated Notes of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities Junior Subordinated Notes of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Subordinated Note Indenture (Virginia Electric & Power Co)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (ai) or (bii) of Section 801 7.01(a) shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredHolders, the whole amount then due and payable on such Securities the Notes for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securitiesthe Notes, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 9078.08. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company Company, the Guarantor or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Company, the Guarantor or any other obligor upon such Securitiesthe Notes, wherever situated. If an Event of Default with respect to Securities of any series the Notes shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Nextera Energy Partners, Lp

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (ai) or (bii) of Section 801 7.01(a) of shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredHolders, the whole amount then due and payable on such Securities the Notes for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securitiesthe Notes, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 9078.08. 000-0000-0000/13/AMERICAS If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company Company, the Guarantor or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Company, the Guarantor or any other obligor upon such Securitiesthe Notes, wherever situated. If an Event of Default with respect to Securities of any series the Notes shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: NextEra Energy Partners, LP

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of principal, premium, or interest specified in clause (a1) or (b2) of Section 801 shall have occurred 7.1 occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and premiumprincipal, premium (if any, ) and interest, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal and interest, at the rate or rates prescribed therefor in such borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any the costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee and its agents and counsel and all other amounts due to the Trustee under Section 9078.7. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (Efm Programming Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. If (a) Subject to the following sentence, if an Event of Default described in clause (a) or (b) of Section 801 shall have occurred occurs and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be is continuing, the Trustee shall, at the direction of the Majority Noteholders, and may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Noteholders by such any proceedings the Trustee, being advised by counsel, deems appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy. Any proceedings brought by the Trustee on behalf of the Noteholders or by any Noteholder against the Issuer shall be limited to the preservation, enforcement and foreclosure of the liens, assignments, rights and security interests under this Indenture and the other Transaction Documents and no attachment, execution or other suit or process shall be sought, issued or levied upon any assets, properties or funds of the Issuer, other than the Trust Estate relative to the Notes in respect of which such Event of Default has occurred. If there is a foreclosure of any such liens, assignments, rights and security interests under this Indenture, by private power of sale or otherwise, no judgment for any deficiency upon the indebtedness represented by the Notes may be sought or obtained by the Trustee or any Noteholder against the Issuer. The Trustee shall be entitled to recover the costs and expenses expended by it pursuant to this Section 9.03 including reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel.

Appears in 1 contract

Samples: Oakwood Homes Corp

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Issuer covenants that if an Event of Default described in clause (a) or (b) of Section 801 shall have occurred occur and be continuingcontinuing and the Notes have been declared, or automatically become, due and payable and such declaration or automatic acceleration has not been rescinded and annulled, the Company shallIssuer will, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredNotes, the whole amount then due and payable on such Securities the Notes for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, with interest upon the overdue principal and overdue interest at the rate or rates prescribed therefor in such Securities, applicable Note Rate and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail Issuer fails to pay such amounts amount forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding Proceedings for the collection of the sums so due and unpaid, may and prosecute such proceeding Proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon such Securities Issuer and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesIssuer, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its sole discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Noteholders by such appropriate judicial proceedings Proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Trendwest Resorts Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the 45 property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (DPL Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in clause (apayment of principal, premium or interest specified in Section 6.1(a) or (b) of Section 801 shall have occurred occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredNotes, the whole amount then due and payable on such Securities Notes for principal and premiumprincipal, premium (if any), and interest, if any, and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on any overdue principal (and interestpremium, at if any),at the rate or rates prescribed therefor in such Securitiesborne by the Notes, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including compensation to, and expenses, disbursements and advances of, the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securitiesthe Notes, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (Southern Pacific Funding Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event The Company and the Guarantor each covenants that if default is made in the payment of Default described in clause the principal of (aor premium, if any, on) or (b) of Section 801 shall have occurred and be continuingany Security at the Maturity thereof, the Company shallthey will, upon demand of the Trustee, jointly and severally pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal and premium, if any, any premium and interest, if any, interest and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on any overdue principal and interestpremium, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If costs and expenses of collection, including the Company shall fail to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situatedcounsel. If an Event of Default or Covenant Breach with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual necessary to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy. Notwithstanding any provision of this Indenture or any Security, however, neither the Trustee nor any Holder of a Security shall be entitled, whether by reason of a default or otherwise, to demand or accelerate the payment of money by the Company in respect of such Security at any time before such payment or delivery is otherwise due in accordance with the terms of such Security.

Appears in 1 contract

Samples: Eighth Supplemental Indenture (Goldman Sachs Group Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 8.1 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 9079.7. Unless otherwise specified pursuant to Section 3.1 with respect to any series of Securities, the rate or rates at which Securities shall bear interest on overdue principal, premium, and interest, if any, shall be, to the extent permitted by law, the same rate or rates at which such Securities shall bear interest prior to Maturity. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Infinity Capital Trust I

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Issuers covenant that if an Event of Default described in clause (apayment of principal, premium, or interest specified in Section 6.1(1) or (b2) of Section 801 shall have occurred occurs and be is continuing, the Company Issuers shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal, premium (if any) and interest and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, ) and on any overdue principal and interest, at the rate or rates prescribed therefor in such borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall Issuers fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company Issuers or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Issuers or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Ggri Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in payment of principal, premium, interest or Liquidated Damages specified in clause (a1) or (b2) of Section 801 shall have occurred 6.1 occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal, premium (if any), interest, Liquidated Damages and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any), and interest, if any, and, to the extent permitted by law, interest on premium, if any, Liquidated Damages and on any overdue principal and interest, at the rate or rates prescribed therefor in such borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Tower Automotive Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event The Company covenants that if default is made in the payment of Default described any interest on any Security when such interest becomes due and payable and such default continues for a period of 30 days, or default is made in clause the payment of the principal of (aor premium, if any, on) or (b) of Section 801 shall have occurred and be continuingany Securities at the Maturity thereof, the Company shallwill, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurity, the whole amount then due and payable on such Securities Security for principal (and premium, if any, ) and interest, if any, interest and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal and interest, interest at the rate or rates prescribed therefor in such SecuritiesSecurity, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities Security and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesSecurity, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Clorox Co /De/

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Issuer covenants that if an Event of Default described in clause (aSection 5.1(a) or (b5.1(b) of Section 801 shall have occurred occurs and be is continuing, the Company shallIssuer will, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredNotes, the whole amount then due and payable on such Securities for principal and premiumNotes, if any, and interest, if any, with interest upon the overdue amounts and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on premium, if any, and on any upon overdue principal and interest, at the rate or rates prescribed therefor in such Securities, borne by the Notes; and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail Issuer fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, unpaid and may prosecute such proceeding to judgment or final decree decree, and may enforce the same against the Company Issuer, the Guarantor or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Issuer, the Guarantor or any other obligor upon such Securitiesthe Notes, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred the Notes occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or the Notes or in aid of the exercise of any power granted hereinherein or therein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Third Supplemental Indenture (Triton Energy Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a), (b) or (bc) of Section 801 8.01 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Debt Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Debt Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, (i) interest on premium, if any, and (ii) interest on any overdue principal and interest(iii) Additional Interest, at the rate or rates prescribed therefor in such Debt Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 9079.07. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Debt Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Debt Securities, wherever situated. If an Event of Default with respect to Debt Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Debt Securities of such series under the Indenture by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Pebblebrook Hotel Trust

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (ai) or (bii) of Section 801 7.01(a) shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredHolders, the whole amount then due and payable on such Securities the Notes for principal and premium, if any, and interest, if any, interest and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securitiesthe Notes, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 9078.08. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company Company, the Parent or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Company, the Parent or any other obligor upon such Securitiesthe Notes, wherever situated. If an Event of Default with respect to Securities of any series the Notes shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Nextera Energy Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event The Company covenants that if (1) default is made in the payment of Default described in clause (a) any installment of interest on any Security or any deposit of any sinking fund payment when such becomes due and payable and such default continues for a period of 60 days, or (b2) default is made in the payment of Section 801 shall have occurred and be continuingthe principal of (or premium, if any, on) any Security at the Maturity thereof, the Company shallwill, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such Securities for principal (and premium, if any, ) and interest, if any, interest and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy. 46 38 504,505 SECTION 504. Trustee May File Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or other judicial proceeding relative to the Company or any other obligor upon the Securities or the property of the Company or of such other obligor or their creditors, the Trustee (irrespective of whether the principal of the Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand on the Company for the payment of overdue principal or interest) shall be entitled and empowered, by intervention in such proceeding or otherwise, (i) to file and prove a claim for the whole amount of principal (and premium, if any) and interest owing and unpaid in respect of the Securities and to file such 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 of the Holders allowed in such judicial proceeding, and (ii) to collect and receive any moneys or other property payable or deliverable on any such claims and to distribute the same; and any 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 counsel, and any other amounts due the Trustee under Section 607. 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 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. SECTION 505.

Appears in 1 contract

Samples: Anadarko Petroleum Corp

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described specified in clause (aSection 501(i) or (b501(ii) of Section 801 shall have occurred occurs and be is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any Guarantor (in accordance with the applicable Guarantee of the Notes) or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Company, any Guarantor or any other obligor upon such Securitiesthe Notes, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders under this Indenture or any Guarantee of Securities of such series the Notes by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, including seeking recourse against any Guarantor pursuant to the terms of any Guarantee of the Notes, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy including, without limitation, seeking recourse against any Guarantor pursuant to the terms of a Guarantee of the Notes, or to enforce any other proper remedy, subject however to Section 513. No recovery of any such judgment upon any property of the Company or any Guarantor shall affect or impair any rights powers or remedies of the Trustee or the Holders.

Appears in 1 contract

Samples: Flag Telecom Holdings LTD

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, interest and interestAdditional Amounts, if any, and, to the extent permitted by law, interest on any overdue principal, premium, interest, and Additional Amounts, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. Unless otherwise specified pursuant to Section 301 with respect to any series of Securities, the rate or rates at which Securities shall bear interest on overdue principal, premium, interest and Additional Amounts shall be, to the extent permitted by law, the same rate or rates at which such Securities shall bear interest prior to maturity. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. 44 If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Nice Systems LTD

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (aSection 8.01(a), Section 8.01(b) or (bSection 8.01(c) of Section 801 shall have occurred and be continuing, subject to ARTICLE 13 and any other subordination provisions established, as contemplated by Section 3.01, in respect of any series of Subordinated Securities as to which such Event of Default shall have occurred, the Company shall, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated9.07. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee Trustee, in its own name and as trustee as an express trust, may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted hereinunder this Indenture, or to enforce any other proper remedylegal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Indenture (United Natural Foods Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Company covenants that if an Event of Default described in clause (aoccurs under Section 501(1) or (b2) of Section 801 shall have occurred and be continuing, with respect to any Senior Notes the Company shallwill, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSenior Notes, the whole amount then due and payable on such Securities Senior Notes for principal (and premium, if any, ) and interest, if any, interest and, to the extent permitted by lawthat payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any, ) and on any overdue principal and interest, at the rate or rates prescribed therefor in such SecuritiesSenior Notes, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due to the Trustee under Section 907607. If the Company shall fail fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities Senior Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesSenior Notes, wherever situated. If an Event of Default with respect to Securities Senior Notes of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities Senior Notes of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (Mirant Americas Generating Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 601 shall have occurred and be continuingoccurred, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such the Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, with interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907707. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to the Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (PPL Capital Funding Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. If The Issuer covenants that if an Event of Default described in clause (a) or (b) of Section 801 shall have occurred occur and be continuingcontinuing and the Notes have been declared due and payable and such declaration has not been rescinded and annulled, the Company shallIssuer will, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredNotes, the whole amount then due and payable on such Securities the Notes for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, with interest upon the overdue principal at the rate or rates prescribed therefor in such Securities, borne by the Notes and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company shall fail Issuer fails to pay such amounts amount forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust may, may institute a judicial proceeding Proceedings for the collection of the sums so due and unpaid, may and prosecute such proceeding Proceeding to judgment or final decree decree, and may enforce the same against the Company or any other obligor upon such Securities Issuer and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such SecuritiesIssuer, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred occurs and be is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Noteholders by such appropriate judicial proceedings Proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: Indenture (Sunrise Resources Inc\mn)

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 701 shall have occurred and be continuingoccurred, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurredSecurities, the whole amount then due and payable on such the Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, with interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907807. If the Company shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such the Securities, wherever situated. If an Event of Default with respect to the Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 1 contract

Samples: PPL Corp

Collection of Indebtedness and Suits for Enforcement by Trustee. If an Event of Default described in clause (a) or (b) of Section 801 shall have occurred and be continuing, the Company shall, upon demand of the Trustee, pay to itthe Trustee, for the benefit of the Holders of the Securities of the series with respect to which such Event of Default shall have occurred, the whole amount then due and payable on such Securities for principal and premium, if any, and interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any overdue principal and interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover any amounts due to the Trustee under Section 907. If the Company shall fail an Event of Default with respect to pay such amounts forthwith upon such demandSecurities of any series occurs and is continuing, the Trustee, in its own name and as trustee of as an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities, wherever situated. If an Event of Default with respect to Securities of any series shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted hereinunder this Indenture, or to enforce any other proper remedylegal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: JLG Industries Inc

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