Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders of the Notes of such Series or Class in respect of which such judgment has been recovered.
Appears in 18 contracts
Samples: Sale Agreement (New Residential Investment Corp.), Pooling and Servicing Agreement (DITECH HOLDING Corp), Indenture (Nationstar Mortgage Holdings Inc.)
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series Series, Class or Class Tranche may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series Series, Class or Class Tranche or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series the Series, Class or Class Tranche in respect of which such judgment has been recovered.
Appears in 11 contracts
Samples: Servicing Agreement (American Express Receivables Financing Corp VIII LLC), And Servicing Agreement (American Express Receivables Financing Corp VIII LLC), Servicing Agreement (American Express Receivables Financing Corp VIII LLC)
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or any of the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will Trustee in accordance with the terms hereof shall be brought in its own name as trustee of an express trust, and any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series or Class in respect of which such judgment has been recovered.
Appears in 9 contracts
Samples: License Agreement (Protective Life Insurance Co), License Agreement (Protective Life Secured Trust 2003-1), License Agreement (Protective Life Insurance Co)
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series series or Class class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series series or Class class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents agent and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series the series or Class class in respect of which such judgment has been recovered.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (Navistar Financial Dealer Note Master Trust), Indenture (Daimlerchrysler Master Owner Trust), Indenture (Daimlerchrysler Master Owner Trust)
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series series, class or Class tranche may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series series, class or Class tranche or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents agent and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series the series, class or Class tranche in respect of which such judgment has been recovered.
Appears in 4 contracts
Samples: Indenture (BA Master Credit Card Trust II), Pooling and Servicing Agreement (BA Master Credit Card Trust II), Indenture (BA Credit Card Trust)
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series or Class in respect of which such judgment has been recovered.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Home Loan Servicing Solutions, Ltd.), Pooling and Servicing Agreement (Home Loan Servicing Solutions, Ltd.), Pooling and Servicing Agreement (Home Loan Servicing Solutions, Ltd.)
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this the Indenture or any of the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will Trustee in accordance with the terms of the Indenture shall be brought in its own name as trustee of an express trust, and any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series or Class in respect of which such judgment has been recovered.
Appears in 3 contracts
Samples: License Agreement (Principal Life Insurance Co), License Agreement (Principal Life Insurance Co), License Agreement (Principal Life Insurance Co)
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series Series, Class or Class Tranche may be prosecuted and enforced by the Indenture Trustee, without the possession of any of the Notes of such Series Series, Class or Class Tranche or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series the Series, Class or Class Tranche in respect of which such judgment has been recovered.
Appears in 3 contracts
Samples: Servicing Agreement (Capital One Master Trust), Servicing Agreement (Capital One Master Trust), ir-capitalone.gcs-web.com
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such the Series or Class in respect of which such judgment has been recovered.
Appears in 3 contracts
Samples: Indenture (Home Loan Servicing Solutions, Ltd.), Indenture (Home Loan Servicing Solutions, Ltd.), Indenture (New Residential Investment Corp.)
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture Indenture, the Sale and Servicing Agreement or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will Trustee shall be brought in its own name or in its capacity as trustee of an express trust, and any Indenture Trustee. Any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents and counsel, be for the ratable benefit of the Noteholders of the Notes of such Series or Class in respect of which such judgment has been recovered.
Appears in 3 contracts
Samples: Indenture (Superior Bank FSB Afc Mort Ln Asset Backed Notes Ser 2000 2), Indenture (Superior Bank FSB Afc Mortgage Ln Asset Bk Notes Ser 1999-3), Default And (Afc Mortgage Loan Asset Backed Notes Series 2000-1)
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such the Series or Class in respect of which such judgment has been recovered.
Appears in 3 contracts
Samples: Dryrock Issuance Trust (Dryrock Issuance Trust), Indenture (Dryrock Issuance Trust), Indenture (Barclays Dryrock Issuance Trust)
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Notes of any Series or Class series may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the such Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will Trustee in accordance with the terms hereof shall be brought in its own name as trustee of an express trust, and any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series or Class series in respect of which such judgment has been recovered.
Appears in 3 contracts
Samples: Indenture (Governor & Co of the Bank of Ireland), Indenture (Governor & Co of the Bank of Ireland), Indenture (Hartford Life Insurance Co)
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series Series, Class or Class Tranche may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series Series, Class or Class Tranche or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents agent and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series the Series, Class or Class Tranche in respect of which such judgment has been recovered.
Appears in 2 contracts
Samples: Indenture (WF Card Funding LLC), WF Card Issuance Trust
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series series or Class class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series series or Class class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents agent and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series the series or Class class in respect of which such judgment has been recovered.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mellon Bank Premium Finance Loan Master Trust), Master Note Trust (Mellon Premium Finance Loan Owner Trust)
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents agent and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such the Series or Class in respect of which such judgment has been recovered.
Appears in 2 contracts
Samples: CNH Wholesale Receivables Inc, CNH Wholesale Receivables Inc
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or and the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will Trustee shall be brought in its own name as trustee Indenture Trustee of an express trust, and any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents agent and counsel, be for the ratable benefit of the Noteholders of the Notes of such Series or Class in respect of which such judgment has been recoveredNoteholders.
Appears in 2 contracts
Samples: Insurance Trust Agreement (Brasil Telecom Sa), Insurance Trust Agreement (Brasil Telecom Holding Co)
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or any of the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the related Class of Notes of such Series or Class in respect of which such judgment has been recovered.
Appears in 2 contracts
Samples: Indenture (Prudential Securities Secured Financing Corp), Indenture (Prudential Securities Secured Financing Corp)
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series series, class or Class tranche may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series series, class or Class tranche or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents agent and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series the series, class or Class tranche in respect of which such judgment has been recovered.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (National City Bank /), National City Credit Card Master Trust
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders of the Notes of such the Series or Class in respect of which such judgment has been recovered.
Appears in 2 contracts
Samples: Indenture (Home Loan Servicing Solutions, Ltd.), Home Loan Servicing Solutions, Ltd.
Indenture Trustee May Enforce Claims Without Possession of Notes. 120 All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders of the Notes of such the Series or Class in respect of which such judgment has been recovered.
Appears in 1 contract
Samples: Home Loan Servicing Solutions, Ltd.
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, Trustee will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents agent and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such the Series or Class in respect of which such judgment has been recovered.
Appears in 1 contract
Samples: Navistar Financial Dealer (Navistar International Corp)
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action actions and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, Trustee without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding Proceeding relating thereto, and any such proceeding Proceedings instituted by the Indenture Trustee, will Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment willshall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such Series or and the Class in respect of which such judgment has been recoveredA Note Insurer.
Appears in 1 contract
Samples: Indenture (Andersons Inc)
Indenture Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or the Notes of any Series or Class may be prosecuted and enforced by the Indenture Trustee, without the possession of any of the Notes of such Series or Class or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Indenture Trustee, will be brought in its own name as trustee of an express trust, and any recovery of judgment will, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its respective agents and counsel, be for the ratable benefit of the Noteholders Holders of the Notes of such the Series or Class in respect of which such judgment has been recovered.. 116
Appears in 1 contract
Samples: Subservicing Agreement (New Residential Investment Corp.)
