Trustee May Enforce Claims Without Possession of. Certificates. All rights of action and claims under this Agreement or the ------------ Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been obtained.
Trustee May Enforce Claims Without Possession of. Securities. ---------- All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Trustee May Enforce Claims Without Possession of. Securities. ---------- All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust in favor of the Holders, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Trustee May Enforce Claims Without Possession of. Certificates. ------------- All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered. The Trustee shall afford the Sellers, the Depositor, the Servicer and each Certificateholder, upon reasonable notice during normal business hours, access to all records maintained by the Trustee in respect of its duties hereunder and reasonable access to officers of the Trustee responsible for performing such duties, or such other employees who can provide the information required. Upon request, the Trustee shall furnish the Sellers, the Depositor, the Servicer and each Certificateholder with its most recent financial statements. The Trustee shall cooperate fully with the Sellers, the Servicer, the Depositor and such Certificateholder and shall make available to the Sellers, the Servicer, the Depositor and such Certificateholder for review and copying at the expense of the party requesting such copies, such books, documents or records as may be requested with respect to the Trustee's duties hereunder. The Sellers, the Depositor, the Servicer and the Certificateholders shall not have any responsibility or liability for any action or failure to act by the Trustee and are not obligated to supervise the performance of the Trustee under this Agreement or otherwise.
Trustee May Enforce Claims Without Possession of. Securities. All rights of action and claims under this Indenture or under the ----------- Securities of any series, or coupons (if any) appertaining thereto, may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or coupons appertaining thereto or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel and any other amounts due the Trustee under Section 8.07, be for the ratable benefit of the Holders of the Securities of such series and coupons appertaining thereto in respect of which such judgment has been recovered.
Trustee May Enforce Claims Without Possession of. Securities. ---------- All rights of action and claims under this Indenture or any series of Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust in favor of the Holders of such series, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Securities of such series in respect of which such judgment has been recovered.
Trustee May Enforce Claims Without Possession of. Subordinated Securities. All rights of action and claims under this ----------------------- Subordinated Indenture or the Subordinated Securities of any series or Coupons appertaining to such Subordinated Securities may be prosecuted and enforced by the Trustee to the fullest extent permitted by law without the possession of any of the Subordinated Securities of any series or Coupons appertaining to such Subordinated Securities, or the production thereof in any proceeding relating thereto and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel and any other amounts due to the Trustee under Section 7.06, be for the ratable benefit of the Holders of the Subordinated Securities or Coupons in respect of which such judgment has been recovered.
Trustee May Enforce Claims Without Possession of. Certificates; Inspection. ------------------------
Trustee May Enforce Claims Without Possession of. Debentures. All rights of action and claims under this Indenture or the ----------- Debentures may be prosecuted and enforced by the Trustee without the possession of any of the Debentures or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the 37 Holders of the Debentures in respect of which such judgment has been recovered.
Trustee May Enforce Claims Without Possession of. Certificates 75 Section 11.13. Suits for Enforcement 75 Section 11.14. Rights of Certificateholders To Direct Trustee 76 Section 11.15. Representations and Warranties of Trustee 76 Section 11.16. Maintenance of Office or Agency 77 ARTICLE XII TERMINATION Section 12.01. Termination of Trust 77 Section 12.02. Final Distribution 77 Section 12.03. Sellers’ Termination Rights 78 TABLE OF CONTENTS (cont’d) Page ARTICLE XIII MISCELLANEOUS PROVISIONS Section 13.01. Amendment; Waiver of Past Defaults 79 Section 13.02. Protection of Right, Title and Interest to Trust 80 Section 13.03. Limitation on Rights of Certificateholders 81 Section 13.04. GOVERNING LAW 82 Section 13.05. Notices; Payments 82 Section 13.06. Rule 144A Information 84 Section 13.07. Severability of Provisions 85 Section 13.08. Assignment 85 Section 13.09. Certificates Nonassessable and Fully Paid 85 Section 13.10. Further Assurances 85
