Common use of Proceedings by Trustee Clause in Contracts

Proceedings by Trustee. In case of an Event of Default of which a Responsible Officer of the Trustee has been notified in writing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 3 contracts

Samples: Exchange and Investment Agreement (Nikola Corp), Nikola Corp, Nikola Corp

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Proceedings by Trustee. In case of an Event of Default occurs with respect to Debentures of which a Responsible Officer of the Trustee has been notified in writingseries and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 3 contracts

Samples: Indenture (Commerce Bancorp Inc /Nj/), Indenture (New York Community Bancorp Inc), Indenture (New York Community Bancorp Inc)

Proceedings by Trustee. In case of an Event of Default of which a Responsible Officer of the Trustee has been notified in writingDefault, the Trustee may may, in its discretion and without the possession of any of the Notes or the production thereof in any proceeding related thereto, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 3 contracts

Samples: Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.)

Proceedings by Trustee. In case of an Event of Default and subject to the provisions of which a Responsible Officer of the Trustee has been notified in writingSection 7.6 hereof, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, Indenture or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Samples: Royal Aloha Development Co, Royal Aloha Development Co

Proceedings by Trustee. In case of an Event of Default of which a Responsible Officer of the Trustee has been notified in writingDefault, the Trustee may in its discretion (and subject to the provisions of Sections 7.01 and 7.07 of the Base Indenture) proceed to protect and enforce the rights vested in it by this the Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this the Indenture or in aid of the exercise of any power granted in this the Indenture, or to enforce any other legal or equitable right vested in the Trustee by this the Indenture or by law.

Appears in 2 contracts

Samples: First Supplemental Indenture (American Realty Capital Properties, Inc.), Second Supplemental Indenture (American Realty Capital Properties, Inc.)

Proceedings by Trustee. (a) In case of an Event of Default or Default occurs with respect to any series of which a Responsible Officer of the Trustee has been notified in writingNotes and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Samples: Indenture (Flushing Financial Corp), Indenture (State Bancorp Inc)

Proceedings by Trustee. In case of an Event of Default of which a Responsible Officer of the Trustee has been notified in writing, the Trustee may in its discretion (and subject to the provisions of Section 6.01 and Section 6.06 of the Base Indenture) proceed to protect and enforce the rights vested in it by this the Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this the Indenture or in aid of the exercise of any power granted in this the Indenture, or to enforce any other legal or equitable right vested in the Trustee by this the Indenture or by law.

Appears in 1 contract

Samples: Supplemental Indenture (Ares Capital Corp)

Proceedings by Trustee. In case of an Event of Default of which a Responsible Officer referred to in Section 7.01 or any of the Trustee has been notified Defaults referred to in writing, Section 7.02 the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Indenture (J P Morgan Chase & Co)

Proceedings by Trustee. In case of an Event of Default of which a Responsible Officer of the Trustee has been notified in writing---------------------- shall have occurred and be continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Park Electrochemical Corp

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Proceedings by Trustee. In case of an Event of Default of which a Responsible Officer of the Trustee has been notified in writing, the Trustee may in its discretion (and subject to the provisions of Sections 6.01, 6.02 and 6.06 of the Base Indenture) proceed to protect and enforce the rights vested in it by this the Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this the Indenture or in aid of the exercise of any power granted in this the Indenture, or to enforce any other legal or equitable right vested in the Trustee by this the Indenture or by law.

Appears in 1 contract

Samples: BlackRock Capital Investment Corp

Proceedings by Trustee. (a) In case of an Event of Default occurs with respect to any series of which a Responsible Officer of the Trustee has been notified in writingNotes and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Indenture (Flushing Financial Corp)

Proceedings by Trustee. In case of an Event of Default occurs with respect to Securities of which a Responsible Officer of the Trustee has been notified in writingany Series and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Indenture (Citicorp)

Proceedings by Trustee. In case of an Event of Default of which a Responsible Officer of the Trustee has been notified in writing, ---------------------- hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding proceedings in bankruptcy or otherwiseother wise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Zenith Electronics Corp

Proceedings by Trustee. In case of an Event of Default occurs with respect to Securities of which a Responsible Officer of the Trustee has been notified in writingany series and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Indenture (Citicorp)

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