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

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 such 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 of such Securities, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, disbursements and advances of the Trustee and its agents and counsel and all other amounts due the Trustee under Section 9.7, be for the ratable benefit of such Holders of such Securities in respect of which such judgment has been recovered.

Appears in 14 contracts

Samples: Indenture (Mohawk Industries Inc), Indenture (Sally Investment Holdings LLC), Indenture (Sally Beauty Holdings, Inc.)

AutoNDA by SimpleDocs

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 such 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 of such SecuritiesHolders, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, disbursements and advances of the Trustee and its agents and counsel and all other amounts due the Trustee under Section 9.77.7, be for the ratable benefit of such the Holders of such the Securities in respect of which such judgment has been recovered.

Appears in 8 contracts

Samples: Tia Indenture (Sun Healthcare Group Inc), Tia Indenture (Wichita Manufacturing Inc), Financing Agreement (Big 5 Corp /Ca/)

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 such 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 of such Securitiestrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, . disbursements and advances of the Trustee and Trustee, its agents and counsel counsel, and all for any other amounts due the Trustee under Section 9.76.07, be for the ratable benefit of such the Holders of such the Securities in respect of which such judgment has been recovered.

Appears in 3 contracts

Samples: Boston Private Financial Holdings Inc, Boston Private Financial Holdings Inc, Banknorth Capital Trust Ii

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 such 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 of such Securitiestrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel counsel, and all for any other amounts due to the Trustee under Section 9.76.07, be for the ratable benefit of such the Holders of such the Securities in respect of which such judgment has been recovered. SECTION 5.06.

Appears in 2 contracts

Samples: Toro Co, Toro Co

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 such 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 of such Securities, and any recovery of judgment shall, after provision for the payment of reasonable compensation to, and expenses, disbursements and advances of the Trustee and its agents and counsel and all other amounts due the Trustee under Section 9.7, be for the ratable benefit of such Holders of such Securities in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Transocean RIGP DIN Opco LTD)

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 such 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 of such Securitiestrust, and any recovery of judgment shall, subject to Article Eleven and after provision for the payment of compensation to, and expenses, disbursements and advances of all the amounts owing the Trustee and any predecessor Trustee under Section 607, its agents and counsel and all other amounts due the Trustee under Section 9.7counsel, be for the ratable benefit of such the Holders of such the Securities in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Expenses and Liabilities (Amerus Capital I)

AutoNDA by SimpleDocs

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or the Securities or the Guarantees of any series may be prosecuted and enforced by the Trustee without the possession of any of the Securities of such Securities 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 Securitiestrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel and all other amounts due to the Trustee under Section 9.76.7, be for the ratable benefit of such the Holders of the Securities of such Securities series in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Abitibi Consolidated Inc

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 such 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 of such SecuritiesHolders, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel and all other amounts due the Trustee under Section 9.78.7, be for the ratable benefit of such the Holders of such the Securities in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Efm Programming Inc)

Trustee May Enforce Claims Without Possession of Securities. All rights of action and claims under this Indenture or any of the Securities may be prosecuted and enforced by the Trustee without the possession of any of such 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 of such Securitiestrust, and any recovery of or judgment shall, after provision for the payment of the reasonable compensation to, and reasonable properly documented expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel counsel, and all any other amounts amount due to the Trustee under Section 9.76.12, be for the ratable benefit of such the Holders of such the Securities in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Kimco Realty Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.