Common use of Collection of Indebtedness and Suits Clause in Contracts

Collection of Indebtedness and Suits. for Enforcement by ------------------------------------------------------- Indenture Trustee. Subject to the following sentence, if an Event of Default ----------------- with respect to the Notes occurs and is continuing, the Indenture Trustee may, with the prior written consent of the Insurer, and shall, at the written direction of the Insurer, proceed to protect and enforce its rights and the rights of the Noteholders and the Insurer by any Proceedings the Indenture Trustee deems 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 enforce any other proper remedy. Any proceedings brought by the Indenture Trustee on behalf of the Noteholders and the Insurer or any Noteholder against the Trust shall be limited to the preservation, enforcement and foreclosure of the liens, assignments, rights and security interests under the Indenture and no attachment, execution or other unit or process shall be sought, issued or levied upon any assets, properties or funds of the Trust, other than the Trust Estate. 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 Indenture Trustee or any Noteholder against the Trust. The Indenture Trustee shall be entitled to recover the costs and expenses expended by it pursuant to this Article V including reasonable compensation, expenses, disbursements and advances of the Indenture Trustee, its agents and counsel.

Collection of Indebtedness and Suits. for Enforcement by ------------------------------------------------------- Indenture Trustee. Subject to Article Five of the following sentence, if Original Indenture is hereby amended by deleting ------- from Section 503 of the Original Indenture (i) the paragraph beginning with the words "If the Company fails" and (ii) the paragraph beginning with the words "If an Event of Default ----------------- with respect", and inserting the following in lieu thereof: If the Company 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 against the Company, Century or both, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company upon such Securities and Century upon the Guaranty and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company upon such Securities and/or the property of Century upon such Guaranty, wherever situated. If an Event of Default with respect to the Notes Securities of any series occurs and is continuing, the Indenture Trustee may, with the prior written consent of the Insurer, and shall, at the written direction of the Insurer, may in its discretion proceed to protect and enforce its rights and the rights of the Noteholders and Holders of Securities of such series by such appropriate judicial proceedings as the Insurer by any Proceedings the Indenture Trustee deems appropriate 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 , including, without limitation, the Indenture Trustee on behalf enforcement of the Noteholders and the Insurer or any Noteholder Guaranty against the Trust shall be limited to the preservation, enforcement and foreclosure of the liens, assignments, rights and security interests under the Indenture and no attachment, execution or other unit or process shall be sought, issued or levied upon any assets, properties or funds of the Trust, other than the Trust Estate. 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 Indenture Trustee or any Noteholder against the Trust. The Indenture Trustee shall be entitled to recover the costs and expenses expended by it pursuant to this Article V including reasonable compensation, expenses, disbursements and advances of the Indenture Trustee, its agents and counselCentury.

Collection of Indebtedness and Suits. for Enforcement by ------------------------------------------------------- Indenture Trustee. Subject to the following sentence, The Company and each Guarantor covenant that if an Event of Default ----------------- with respect specified in Section 5.01(a) or 5.01(b) shall have occurred and be continuing, the Company and each Guarantor will, jointly and severally, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Notes, the whole amount then due and payable on such Notes for principal, premium, if any, and interest, with interest upon the overdue principal, premium, if any, and, to the extent that payment of such interest shall be legally enforceable, upon overdue installments of interest, at the rate then borne by the 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. If the Company 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, but is not obligated under this paragraph to, institute a judicial proceeding for the collection of the sums so due and unpaid and may, but is not obligated under this paragraph to, prosecute such proceeding to judgment or final decree, and may, but is not obligated under this paragraph to, enforce the same against the Company, any Guarantor or any other obligor upon 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 the Notes, wherever situated. If an Event of Default occurs and is continuing, the Indenture Trustee maymay in its discretion but is not obligated under this paragraph to, with the prior written consent of the Insurer, and shall, at the written direction of the Insurer, (i) proceed to protect and enforce its rights and the rights of the Noteholders and Holders under this Indenture or any Guarantee by such appropriate private or judicial proceedings as the Insurer by any Proceedings the Indenture Trustee deems appropriate 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. Any proceedings brought by the Indenture Trustee on behalf of the Noteholders and the Insurer or any Noteholder against the Trust shall be limited to the preservation, enforcement and foreclosure of the liens, assignments, rights and security interests under the Indenture and no attachment, execution or other unit or process shall be sought, issued or levied upon any assets, properties or funds of the Trust, other than the Trust Estate. If there is a foreclosure No recovery of any such liensjudgment upon any property of the Company or any Guarantor shall affect or impair any rights, assignments, rights and security interests under this Indenture, by private power powers or remedies of sale or otherwise, no judgment for any deficiency upon the indebtedness represented by the Notes may be sought or obtained by the Indenture Trustee or any Noteholder against the Trust. The Indenture Trustee shall be entitled to recover the costs and expenses expended by it pursuant to this Article V including reasonable compensation, expenses, disbursements and advances of the Indenture Trustee, its agents and counselHolders.

Collection of Indebtedness and Suits. for Enforcement by ------------------------------------------------------- Indenture Trustee. Subject ------- The Issuers covenant that, with respect to the following sentencea series of Securities, if an Event of Default ----------------- in payment of principal, premium, or interest specified in Section 6.1(1) or (2) occurs and is continuing with respect to such series of Securities, the Notes Issuers shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of such series of Securities, 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 on any overdue interest, at the rate borne by such series of Securities, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel. If the Issuers fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust 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 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 Issuers or any other obligor upon such series of Securities, wherever situated. If an Event of Default occurs and is continuingcontinuing with respect to a series of Securities, the Indenture Trustee may, with the prior written consent of the Insurer, and shall, at the written direction of the Insurer, may in its discretion proceed to protect and enforce its rights and the rights of the Noteholders and Holders of such series of Securities by such appropriate judicial proceedings as the Insurer by any Proceedings the Indenture Trustee deems appropriate shall deem most 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. Any proceedings brought by the Indenture Trustee on behalf of the Noteholders and the Insurer or any Noteholder against the Trust shall be limited to the preservation, enforcement and foreclosure of the liens, assignments, rights and security interests under the Indenture and no attachment, execution or other unit or process shall be sought, issued or levied upon any assets, properties or funds of the Trust, other than the Trust Estate. 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 Indenture Trustee or any Noteholder against the Trust. The Indenture Trustee shall be entitled to recover the costs and expenses expended by it pursuant to this Article V including reasonable compensation, expenses, disbursements and advances of the Indenture Trustee, its agents and counsel.

Collection of Indebtedness and Suits. for Enforcement by ------------------------------------------------------- Indenture Trustee. Subject to the following sentence, The Company covenants that if an Event of Default ----------------- with respect to the Notes in payment of ------- principal, premium, or interest (including Contingent Payments) specified in Section 7.1(1) and (2) occurs and is continuing, the Indenture Trustee mayCompany shall, with the prior written consent upon demand of the InsurerTrustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and shallpayable on such Securities for principal and interest (including Contingent Payments), and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and on any overdue interest (including Contingent Payments), at the written direction rate borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the InsurerTrustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust 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 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 the Securities, wherever situated. If an Event of Default occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Noteholders and Holders by such appropriate judicial proceedings as the Insurer by any Proceedings the Indenture Trustee deems appropriate shall deem most 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. Any proceedings brought by the Indenture Trustee on behalf of the Noteholders and the Insurer or any Noteholder against the Trust shall be limited to the preservation, enforcement and foreclosure of the liens, assignments, rights and security interests under the Indenture and no attachment, execution or other unit or process shall be sought, issued or levied upon any assets, properties or funds of the Trust, other than the Trust Estate. 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 Indenture Trustee or any Noteholder against the Trust. The Indenture Trustee shall be entitled to recover the costs and expenses expended by it pursuant to this Article V including reasonable compensation, expenses, disbursements and advances of the Indenture Trustee, its agents and counsel.