Common use of Trustee May Enforce Claims Without Possession of Securities or Coupons Clause in Contracts

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons 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 or judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder of the Securities or Coupons in respect of which such judgment has been recovered.

Appears in 54 contracts

Samples: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.)

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Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons 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 or judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder of the Securities a Security or Coupons Coupon in respect of which such judgment has been recovered.

Appears in 32 contracts

Samples: Indenture (Corporate Office Properties, L.P.), Indenture (WPC Eurobond B.V.), Indenture (W. P. Carey Inc.)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder of the Securities or Coupons and coupons in respect of which such judgment has been recovered.

Appears in 25 contracts

Samples: Indenture (NewAmsterdam Pharma Co N.V.), Indenture (Summit Financial Group, Inc.), Indenture (Veritex Holdings, Inc.)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name and as trustee of an express trust, and any recovery or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons and coupons in respect of which such judgment has been recovered.

Appears in 15 contracts

Samples: Indenture (Medallion Financial Corp), PennantPark Floating Rate Capital Ltd., Indenture (Medley LLC)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder of the Securities a Security or Coupons coupon in respect of which such judgment has been recovered.

Appears in 13 contracts

Samples: Supplemental Indenture (Cadiz Inc), Supplemental Indenture (Cadiz Inc), Subordinated Indenture (Cadiz Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons and coupons in respect of which such judgment has been recovered.

Appears in 10 contracts

Samples: Indenture (Baker Hughes Inc), Dynegy Capital Trust Iii, Illinois Power Co

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgmentjudgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons and coupons in respect of which such judgment has been recovered.

Appears in 9 contracts

Samples: Deposit Agreement, Interest and Dividends, Supplemental Indenture (Merrill Lynch & Co Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each the Holders of Securities and every Holder of the Securities or Coupons coupons in respect of which such judgment has been recovered.

Appears in 7 contracts

Samples: Health and Retirement Properties Trust (Health & Retirement Properties Trust), Health and Retirement Properties Trust (Health & Retirement Properties Trust), Hospitality Properties Trust

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons 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 or judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons Security and Coupon in respect of which such judgment has been recovered.

Appears in 5 contracts

Samples: Subordinated Indenture (Southern First Bancshares Inc), Subordinated Indenture (Southern First Bancshares Inc), National City Corp

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities of any series or Coupons the coupons may be prosecuted and enforced by the Trustee without the possession of any of the such Securities or Coupons coupons or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name and as trustee of an express trust, and any recovery or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons of any series and coupons in respect of which such judgment has been recovered.

Appears in 5 contracts

Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Sea Containers LTD /Ny/

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims claim under this Indenture or any of the Securities or Coupons coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons and coupons in respect of which such judgment has been recovered.

Appears in 4 contracts

Samples: Indenture (Stewart Enterprises Inc), Union Texas Petroleum Holdings Inc, Stewart Enterprises Inc

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons 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 or judgmentjudgment shall, after provision for the payment of the reasonable compensation, expensesexpense, disbursements and advances of the Trustee, its agents and counsel, shall and for any other amounts due to the Trustee under Section 605, be for the ratable benefit of each and every Holder the Holders of the Securities or any Coupons in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Indenture (Questar Market Resources Inc), Indenture (Questar Market Resources Inc), Indenture (Questar Pipeline Co)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture Indenture, the Support Agreement or any of the Securities or Coupons coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons and coupons in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Indenture (Nipsco Industries Inc), Indenture (Nipsco Industries Inc), Nipsco Industries Inc

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons and coupons in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Indenture (United Waste Systems Inc), Baan Co N V, Staples Inc

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons coupons or the Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons and coupons in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (DEERE FUNDING CANADA Corp), Indenture (DEERE FUNDING CANADA Corp)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, 28 disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each the Holders of Securities and every Holder of the Securities or Coupons coupons in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Hospitality Properties Trust, Hospitality Properties Trust

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims claim under this Indenture or any of the Securities or Coupons the Senior Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Key Energy Services Inc), Key Energy Services Inc

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each the Holders of Securities and every Holder of the Securities or Coupons coupons in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Potash Corporation of Saskatchewan Inc, Potash Corporation of Saskatchewan Inc

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons 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 or judgment, after provision for the payment of the reasonable compensation, expenses, disbursements disbursements, indemnity amounts and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder of the Securities or Coupons in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Renaissancere Holdings LTD), Renaissancere Holdings LTD

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons coupons in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Royal Gold Inc /De/, Royal Gold Inc /De/

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or and Coupons in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Indenture (Harley Davidson Inc), Indenture (Harley Davidson Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons coupons of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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, and any recovery or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons and coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Lehman Brothers Inc//)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons 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 or judgmentjudgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities a Security or Coupons Coupon in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: J P Morgan Chase & Co

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Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgmentjudgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, Trustee and its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons and coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: United States Filter Corp

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Form of Indenture or any of the Securities or Coupons coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name and as trustee of an express trust, and any recovery or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons and coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Medallion Financial Corp

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons 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 or judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder of the Securities or Coupons in respect of which such judgment has been recovered.. 45

Appears in 1 contract

Samples: Ace LTD

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons 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 or judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the TrusteeTrustee (in any capacity hereunder), its agents and counsel, shall be for the ratable benefit of each and every Holder of the Securities a Security or Coupons Coupon in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (W. P. Carey Inc.)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons 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 or judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder of the Securities or Coupons in respect of which such judgment has been recovered.benefit

Appears in 1 contract

Samples: Summit Bancorp/Nj/

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counselcounsel and any other amounts due the Trustee under Section 606, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons and coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Reconciliation And (Mindspring Enterprises Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons the coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons and coupons in respect of which such judgment has been recovered.. 26

Appears in 1 contract

Samples: Indiana Bell Telephone Co Inc

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every the Holder of the Securities or Coupons and coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (First Nationwide Holdings Inc)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities Securities, the Guarantees or Coupons the coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons and coupons in respect of which such judgment has been recovered. Section 506.

Appears in 1 contract

Samples: Ameritech Capital Funding Corp

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims claim under this Indenture or any of the Securities or Coupons the Senior Subordinated Guarantees may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Key Energy Services Inc

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Securities, Coupons 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 or judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder of the Securities a Security or Coupons Coupon in respect of which such judgment has been recovered.

Appears in 1 contract

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

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons 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 or judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder of the Securities or Coupons in respect of which such judgment has been recovered.. 50

Appears in 1 contract

Samples: Indenture (Assured Guaranty US Holdings Inc.)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons 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 or judgment, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its the Agent and their respective agents and counsel, shall be for the ratable benefit of each and every Holder of the Securities a Security or Coupons Coupon in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (KKR Financial Holdings LLC)

Trustee May Enforce Claims Without Possession of Securities or Coupons. All rights of action and claims under this Indenture or any of the Securities or Coupons any coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or Coupons coupons 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 or judgmentof judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, shall be for the ratable benefit of each and every Holder the Holders of the Securities or Coupons and coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Security Capital Atlantic Inc

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