Common use of Trustee May Enforce Claims Without Possession of Certificates Clause in Contracts

Trustee May Enforce Claims Without Possession of Certificates. All rights of action end claims under this Agreement or any Series of 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 any Series of Certificateholders in respect of which such judgment has been obtained.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (Bank One Delaware National Association)

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Trustee May Enforce Claims Without Possession of Certificates. All rights of action end claims under this Agreement or any Series of Certificates may be prosecuted and enforced by the Trustee without the 131 137 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 any Series of Certificateholders in respect of which such judgment has been obtained.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Federated Department Stores Inc /De/)

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