Common use of Trustee May Enforce Claims Without Possession of 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 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, 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 in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: HMC Merger Corp

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Trustee May Enforce Claims Without Possession of. Securities. ---------- All rights of action and claims under this Indenture or Indenture, the Securities ---------- or any Security Guarantee may be prosecuted and enforced by the Trustee without the possession of any of 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 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 in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: MTL Inc

Trustee May Enforce Claims Without Possession of. Securities. ---------- All rights of action and claims under this Indenture or the Securities or any coupon 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 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 and coupons in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Viacom 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 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 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 holders of the Securities in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Atlantic Coast Entertainment Holdings 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 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, 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 in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Regency Centers Lp)

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 33 of any of 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, 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 in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Seacor Smit Inc)

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Trustee May Enforce Claims Without Possession of. Securities. ---------- All rights of action and claims under this Indenture or the ----------- Securities or the Guarantees may be prosecuted and enforced by the Trustee without the possession of any of 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 and 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 agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (Crown Cork & Seal Co 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 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 trusttrust in favor of the Holders, and any recovery of judgment shall, after provision for the payment of the reasonable compensationcompensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Tia Indenture (Jazz Casino Co LLC)

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 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, and any recovery of judgment shall, after provision for the payment of all amounts owing the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counselTrustee under Section 6.07, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Indenture (United Parcel Service of America Inc)

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