Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series 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 and 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 of the series in respect of which such judgment has been recovered.
Appears in 2 contracts
Samples: Teligent Inc, Teligent Inc
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series 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 and 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, Trustee and its agents and counsel, be for the ratable benefit of the Holders of the Securities of the series such series, in respect of which such judgment has been recovered.
Appears in 2 contracts
Samples: Avatar Holdings Inc, AV Homes, Inc.
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture Indenture, or the Securities of any series 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 and as trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, fees, expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Securities of the such series in respect of which such judgment has been recovered.
Appears in 2 contracts
Samples: Indenture (Cccisg Capital Trust), Indenture (RCN Corp /De/)
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture Indenture, the Security Documents or the Securities of any series 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 and 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 of the series in respect of which such judgment has been recovered.
Appears in 2 contracts
Samples: Intercreditor Agreement (River Road Realty Corp), Security Agreement (Bayou Steel Corp)
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be 51 43 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 and 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 agent and counsel, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.
Appears in 1 contract
Samples: Ccci Capital Trust Iii
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series 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 and 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, Trustee and its agents and counsel, be for the ratable benefit of the Holders of the Securities Securities, of the such series in respect of which such judgment has been recovered.
Appears in 1 contract
Samples: Epicept Corp
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series 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 and 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 of the series in respect of which such judgment has been recovered.
Appears in 1 contract
Samples: Rite Aid Corp
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or of the Securities of any series 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 and 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, Trustee and its agents and legal counsel, be for the ratable benefit of the Holders of the Securities Securities, of the series in respect of which such judgment has been recovered.
Appears in 1 contract
Samples: Caraustar Industries Inc
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee to the fullest extent permitted by law without the possession of any of the Securities of such any 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 and 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 of the series in respect of which such judgment has been recovered.
Appears in 1 contract
Samples: Indenture (Biolife Solutions Inc)
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this the Indenture or under the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series or the related 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 of judgment judg ment 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 of the such series in respect of which such judgment has been recovered.
Appears in 1 contract
Samples: Xerox Corp
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series Series may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such series 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 and 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 of the series Series in respect of which such judgment has been recovered.. 76
Appears in 1 contract
Samples: Hollinger International Inc
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture Indenture, the Securities or the Securities of any series Subsidiary Guarantees 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 and 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 of the series in respect of which such judgment has been recovered.
Appears in 1 contract
Samples: Colortyme Inc
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series 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 and as trustee of an express trust, and any recovery of judgment shall, after provision for the 49 42 payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent and counsel, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.
Appears in 1 contract
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities of any 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 and 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 of the any such series in respect of which such judgment has been recovered.
Appears in 1 contract
Samples: Indenture (Lloyds Banking Group PLC)
Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities of any series 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 and as trustee of an express trust, and any recovery of judgment shall, after provision for the 50 42 payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents agent and counsel, be for the ratable benefit of the Holders of the Securities of the series in respect of which such judgment has been recovered.
Appears in 1 contract
Samples: Ccci Capital Trust Iii