Proceedings To Collect Money. In case any Co-Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee at the direction of the Control Party (at the direction of the Controlling Class Representative), in its own name and as trustee of an express trust, may institute a Proceeding for the collection of the sums so due and unpaid, and may prosecute such Proceeding to judgment or final decree, and may enforce the same against any Co-Issuer and collect in the manner provided by law out of the property of any Co-Issuer, wherever situated, the moneys adjudged or decreed to be payable.
Appears in 5 contracts
Samples: Servicing Agreement (Dominos Pizza Inc), Base Indenture (DineEquity, Inc), Guarantee and Collateral Agreement (Iconix Brand Group, Inc.)
Proceedings To Collect Money. In case any the Co-Issuer Issuers shall fail forthwith to pay such amounts upon such demand, the Trustee at the direction of the Control Party (at the direction of the Controlling Class Representative), in its own name and as trustee of an express trust, may institute a Proceeding for the collection of the sums so due and unpaid, and may prosecute such Proceeding to judgment or final decree, and may enforce the same against any the Co-Issuer Issuers and collect in the manner provided by law out of the property of any the Co-IssuerIssuers, wherever situated, the moneys adjudged or decreed to be payable.
Appears in 4 contracts
Samples: Driven Brands Holdings Inc., Indenture (Jay Merger Sub, Inc.), Driven Brands Holdings Inc.
Proceedings To Collect Money. In case any Co-Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee at the direction of the Control Party (acting at the direction of the Controlling Class Representative), in its own name and as trustee of an express trust, may institute a Proceeding for the collection of the sums so due and unpaid, and may prosecute such Proceeding to judgment or final decree, and may enforce the same against any Co-Issuer and collect in the manner provided by law out of the property of any Co-Issuer, wherever situated, the moneys adjudged or decreed to be payable.
Appears in 2 contracts
Samples: Base Indenture (Dine Brands Global, Inc.), Dine Brands Global, Inc.
Proceedings To Collect Money. In case any Co-Issuer shall fail forthwith to pay such amounts upon such demand, the Trustee (at the direction of the Control Party (at the direction of the Controlling Class RepresentativeParty), in its own name and as trustee of an express trust, may institute a Proceeding for the collection of the sums so due and unpaid, and may prosecute such Proceeding to judgment or final decree, and may enforce the same against any Co-Issuer and collect in the manner provided by law out of the property of any Co-Issuer, wherever situated, the moneys adjudged or decreed to be payable.
Appears in 1 contract
Samples: Base Indenture (Nuco2 Inc /Fl)