Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes 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 be applied as set forth in Section 5.7 hereof.
Appears in 1 contract
Samples: Indenture (CION Investment Corp)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Secured Notes may be prosecuted and enforced by the Trustee without the possession of any of the Secured Notes or the production thereof in any trial or other Proceeding relating thereto, and any such action or Proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereof.. 106
Appears in 1 contract
Samples: Indenture (KCAP Financial, Inc.)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Class A Notes may be prosecuted and enforced by the Trustee without the possession of any of the Class A Notes or the production thereof in any trial or other Proceeding relating thereto, and any such action or Proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereof5.7.
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any Proceeding proceeding relating thereto, and any such Proceeding proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereof.in
Appears in 1 contract
Samples: Jushi Holdings Inc.
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any trial or other Proceeding relating thereto, and any such action or Proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereof5.7.
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any Proceeding 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 be applied as set forth in Section 5.7 hereof.and
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of Indenture, the Notes or the Subsidiary Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any Proceeding proceeding relating thereto, and any such Proceeding proceeding instituted by the Trustee shall be brought in its own name and as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereof.shall, after provision for the payment of the reasonable compensation, expenses,
Appears in 1 contract
Samples: Indenture (Colortyme Inc)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of and the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any Proceeding proceeding relating thereto, and any such Proceeding proceeding instituted by the Trustee shall be brought in its own name as trustee Trustee of an express trust, and any recovery of judgment shall shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agent and counsel, be applied as set forth in Section 5.7 hereoffor the ratable benefit of the Noteholders.
Appears in 1 contract
Samples: Telefonica Del Peru Saa
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any Proceeding proceeding relating thereto, and any such Proceeding proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereof.shall, after provision
Appears in 1 contract
Samples: Cornerstone Building Brands, Inc.
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Secured Notes may be prosecuted and enforced by the Trustee without the possession of any of the Secured Notes or the production thereof in any trial or other Proceeding relating thereto, and any such action or Proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereof5.7.
Appears in 1 contract
Samples: Indenture (JMP Group LLC)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any Proceeding relating thereto, and any such Proceeding instituted by the Trustee in accordance with Section 5.03 shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth for the benefit of the Holders of the Notes in Section 5.7 hereof.the priority specified herein. Any surplus shall be available, in accordance with
Appears in 1 contract
Samples: Nations Asset Securities Inc
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes 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 be applied as set forth in Section 5.7 hereof.
Appears in 1 contract
Samples: Substitution; Hedge Agreement (CBRE Realty Finance Inc)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Secured Notes may be prosecuted and enforced by the Trustee without the possession of any of the Secured Notes or the production thereof in any trial or other Proceeding relating thereto, and any such action or Proceeding instituted by the Trustee shall will be brought in its own name as trustee of an express trust, and any recovery of judgment shall will be applied as set forth in Section 5.7 hereof.. Section 5.7
Appears in 1 contract
Samples: Blackstone Private Credit Fund
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any Proceeding proceeding relating thereto, and any such Proceeding proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereof.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
Appears in 1 contract
Samples: Collins & Aikman Corp
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of and the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any Proceeding proceeding relating thereto, and any such Proceeding proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall shall, after provision for the payment of the reasonable compensation, expenses disbursements and advances of the Trustee, its agent and counsel, be applied as set forth in Section 5.7 hereoffor the ratable benefit of the Noteholders.
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any Proceeding proceeding relating thereto, and any such Proceeding proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereof.be
Appears in 1 contract
Samples: Indenture (Queen Sand Resources Inc)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Notes Secured NotesDebt may be prosecuted and enforced by the Trustee without the possession of any of the Notes Secured NotesDebt or the production thereof in any trial or other Proceeding relating thereto, and any such action or Proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereof.
Appears in 1 contract
Samples: Supplemental Indenture (AB Private Credit Investors Corp)
Trustee May Enforce Claims Without Possession of Notes. (a) All rights of action and claims under this Indenture or under any of the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any trial or other Proceeding relating thereto, and any such action or Proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any . Any recovery of judgment in respect of the Notes shall be applied as set forth in Section 5.7 hereof.
Appears in 1 contract
Samples: Indenture (Redwood Trust Inc)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Secured Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes 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 be applied as set forth in Section 5.7 hereof5.08.
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Master Trust Indenture or under any Series of the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any Proceeding proceeding relating thereto, and any such Proceeding proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereoftrustee.
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture Agreement or under any of the Notes may be prosecuted and enforced by the Indenture Trustee without the possession of any of the Notes or the production thereof in any Proceeding proceeding relating thereto, and any such Proceeding proceeding instituted by the Indenture 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 shall be applied as set forth in Section 5.7 hereof.shall,
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Secured Notes may be prosecuted and enforced by the Trustee without the possession of any of the Secured Notes or the production thereof in any trial or other Proceeding relating thereto, and any such action or Proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereof.. 110
Appears in 1 contract
Samples: Indenture and Security Agreement (Owl Rock Capital Corp)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes 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 be applied as set forth in Section 5.7 hereof5.5.
Appears in 1 contract
Samples: Enron International Cpo Inc
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Secured Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any trial or other Proceeding relating thereto, and any such action or Proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereof.
Appears in 1 contract
Samples: Indenture (JMP Group Inc.)
Trustee May Enforce Claims Without Possession of Notes. All rights of action and claims under this Indenture or under any of the Notes may be prosecuted and enforced by the Trustee without the possession of any of the Notes or the production thereof in any trial or other Proceeding relating thereto, and any such action or Proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be applied as set forth in Section 5.7 hereof.express
Appears in 1 contract
Samples: Arbor Realty Trust Inc