Common use of Proceedings by Trustee Clause in Contracts

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 566 contracts

Samples: Indenture (Pinnacle West Capital Corp), Intercreditor Agreement (Liveperson Inc), Microchip Technology Incorporated (Microchip Technology Inc)

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Proceedings by Trustee. In case of an Event of Default, the Trustee may may, in its discretion discretion, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 128 contracts

Samples: Indenture (Healthcare Realty Holdings, L.P.), Indenture (Healthcare Trust of America Holdings, LP), Indenture (Essex Portfolio Lp)

Proceedings by Trustee. In case of an Event of Default, Default hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 122 contracts

Samples: Indenture (Hecla Mining Co/De/), Indenture (Pico Holdings Inc /New), Indenture (Tib Financial Corp.)

Proceedings by Trustee. In case of an Event of Default, Default the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 90 contracts

Samples: Indenture (Infinera Corp), Indenture (Expedia Group, Inc.), Indenture (Cantel Medical Corp)

Proceedings by Trustee. In case of an Event of DefaultDefault occurs with respect to Securities and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 73 contracts

Samples: Satisfaction And (Imperial Capital Trust I), Indenture (Hubco Inc), Indenture (Ucbh Holdings Inc)

Proceedings by Trustee. In case of an Event of DefaultDefault hereunder, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding proceedings in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 60 contracts

Samples: Supplemental Indenture (Shea Homes Limited Partnership), Supplemental Indenture (Shea Homes Limited Partnership), Indenture (Hovnanian Enterprises Inc)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 54 contracts

Samples: Microstrategy Incorporated (MICROSTRATEGY Inc), Microstrategy Incorporated (MICROSTRATEGY Inc), Indenture (Global Payments Inc)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this the Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this the Indenture or in aid of the exercise of any power granted in this the Indenture, or to enforce any other legal or equitable right vested in the Trustee by this the Indenture or by law.

Appears in 39 contracts

Samples: First Supplemental Indenture (Intercept Pharmaceuticals, Inc.), Security Agreement (Intercept Pharmaceuticals, Inc.), Security Agreement (Intercept Pharmaceuticals, Inc.)

Proceedings by Trustee. In case of an Event of Default, Default the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 27 contracts

Samples: Indenture (Sepracor Inc /De/), Indenture (Sepracor Inc /De/), Indenture (Flowers Industries Inc /Ga)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 17 contracts

Samples: Indenture (Xcyte Therapies Inc), And (Xcyte Therapies Inc), Indenture (American Safety Insurance Group LTD)

Proceedings by Trustee. In case of an Event of Default, Default the Trustee may in its discretion (and subject to the provisions of Section 7.01 and Section 7.06) proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 16 contracts

Samples: Indenture (TPG Specialty Lending, Inc.), Indenture (Hercules Capital, Inc.), Indenture (Goldman Sachs BDC, Inc.)

Proceedings by Trustee. In case of an Event of Default, Default hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are the Trustee shall deem necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 14 contracts

Samples: Indenture (Baltimore Gas & Electric Co), Baltimore Gas and Electric Company (Atlantic City Electric Co), Indenture (Peabody Energy Corp)

Proceedings by Trustee. In case of If an Event of DefaultDefault occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Notes by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by lawproper remedy.

Appears in 13 contracts

Samples: Indenture (Empire State Realty OP, L.P.), Indenture (Gramercy Property Trust Inc.), Indenture (American Residential Properties, Inc.)

Proceedings by Trustee. In case of an Event of Default, the Trustee may may, in its discretion discretion, proceed to protect and enforce the rights vested in it by this Supplemental Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Supplemental Indenture or in aid of the exercise of any power granted in this Supplemental Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Supplemental Indenture or by law.

Appears in 11 contracts

Samples: Satisfaction and Discharge of Indenture (Healthcare Realty Holdings, L.P.), Satisfaction and Discharge of Indenture (Healthcare Realty Holdings, L.P.), Healthcare Realty Holdings, L.P.

Proceedings by Trustee. In case of an Event of Default, the Trustee may may, in its discretion discretion, but shall not be required to, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 10 contracts

Samples: Indenture (Agco Corp /De), Indenture (Nii Holdings Inc), Indenture (Agco Corp /De)

Proceedings by Trustee. In case of an Event of DefaultDefault known to a Responsible Officer of the Trustee, the Trustee may may, in its discretion discretion, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 10 contracts

Samples: Indenture (LTX Corp), Lease (Getty Images Inc), Indenture (Spectrasite Holdings Inc)

Proceedings by Trustee. In case of an Event of DefaultDefault under this Indenture, the Trustee may in its discretion may proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Securityholders by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other proper remedy or legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 10 contracts

Samples: Subordinated Indenture (Wintrust Financial Corp), First Supplemental Indenture (Old Line Bancshares Inc), Privatebancorp, Inc

Proceedings by Trustee. In case of If an Event of DefaultDefault occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 9 contracts

Samples: Indenture (RCN Corp /De/), Electroglas Inc, Securities Purchase Agreement (Rockford Corp)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its sole discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 8 contracts

Samples: Indenture (Electra Battery Materials Corp), Fourth Supplemental Indenture (Rockley Photonics Holdings LTD), Supplemental Indenture (Rockley Photonics Holdings LTD)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 8 contracts

Samples: Indenture (Horizon Lines, Inc.), Supplemental Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.)

Proceedings by Trustee. In case of an Event of DefaultDefault hereunder, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are the Trustee shall deem necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding proceedings in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 8 contracts

Samples: Indenture (Aar Corp), Indenture (Aar Corp), Indenture (PSS World Medical Inc)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, Indenture or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 7 contracts

Samples: Indenture (Netbank Inc), Indenture (Rac Financial Group Inc), Securities Purchase Agreement (Softkey International Inc)

Proceedings by Trustee. In case of an Event of Default, Default hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture Indenture, by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in to it under this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 7 contracts

Samples: Xcel Energy Inc, Indenture (Northern States Power Co /Wi/), Indenture (Northern States Power Co /Wi/)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. The Trustee reserves the right to file a proof of claim or any other document necessary in order to have claims of the Holders and the Trustee allowed in any such judicial proceedings.

Appears in 6 contracts

Samples: Indenture (Camtek LTD), Indenture (Nova Measuring Instruments LTD), Indenture (Wix.com Ltd.)

Proceedings by Trustee. In case of an Event of DefaultDefault hereunder has occurred, has not been waived and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are the Trustee shall deem necessary to protect and enforce any of such rights, either by suit at law or in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, Indenture or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 6 contracts

Samples: Article Nine Satisfaction And (Newmont Mining Corp /De/), Newmont (Newmont Usa LTD), Newmont (Newmont Mining Corp /De/)

Proceedings by Trustee. In case of an Event of Default, Default the ---------------------- Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 6 contracts

Samples: Indenture (Level One Communications Inc /Ca/), Indenture (Tivo Inc), Indenture (System Software Associates Inc)

Proceedings by Trustee. In case of an Event of Default, Default ------------------------ hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 5 contracts

Samples: Indenture (Florida Banks Inc), Indenture (Florida Banks Inc), Indenture (Intervest Bancshares Corp)

Proceedings by Trustee. In case of an Event of DefaultDefault hereunder, the Trustee may Trustee, in its discretion discretion, may proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 5 contracts

Samples: Indenture (Betzdearborn Inc), Indenture (Lyondell Petrochemical Co), Indenture (Equistar Funding Corp)

Proceedings by Trustee. In case of an Event of Default, Default ---------------------- hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 5 contracts

Samples: Indenture (First Banks, Inc), Indenture (Prosperity Bancshares Inc), Indenture (Continental Cablevision Inc)

Proceedings by Trustee. In case of an Event of DefaultDefault and subject to the provisions of Section 7.7 hereof, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, Indenture or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 5 contracts

Samples: Penn Treaty American (Penn Treaty American Corp), Indenture (Penn Treaty American Corp), Penn Treaty American Corp

Proceedings by Trustee. In case of an Event of Default, the Trustee may may, in its discretion discretion, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 5 contracts

Samples: State National Companies, Inc., Indenture (First Mercury Financial Corp), Indenture (First Mercury Financial Corp)

Proceedings by Trustee. In case of an Event of Default, Default ----------------------- hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 5 contracts

Samples: Indenture (First Banks Inc), Indenture (First Banks, Inc), Indenture (Parke Bancorp, Inc.)

Proceedings by Trustee. In case of an Event of DefaultDefault hereunder has occurred, has not been waived and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit at law or in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, Indenture or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 4 contracts

Samples: Indenture (Textron Financial Canada Funding Corp), Newmont Mining Corp, Textron Financial Canada Funding Corp

Proceedings by Trustee. In case of an Event of DefaultDefault under this Indenture, the Trustee may in its discretion may proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Securityholders by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity inequity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other proper remedy or legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 4 contracts

Samples: Synovus Financial Corp, Synovus Financial Corp, Synovus Financial Corp

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Section 6.08.

Appears in 4 contracts

Samples: Indenture (Evolent Health, Inc.), Indenture (Five9, Inc.), Pacific Biosciences of California, Inc.

Proceedings by Trustee. In case of an Event of Default, Default hereunder the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 4 contracts

Samples: Indenture (Hennessy Advisors Inc), Indenture (Gulf Island Services, L.L.C.), Indenture (Perma-Pipe International Holdings, Inc.)

Proceedings by Trustee. In case of an Event of Default, the Trustee may may, in its discretion discretion, proceed to protect and enforce the rights vested in it by this the Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this the Indenture or in aid of the exercise of any power granted in this the Indenture, or to enforce any other legal or equitable right vested in the Trustee by this the Indenture or by law.

Appears in 4 contracts

Samples: Indenture (Radian Group Inc), First Supplemental Indenture (GT Advanced Technologies Inc.), First Supplemental Indenture (Wabash National Corp /De)

Proceedings by Trustee. In case of an Event of DefaultDefault is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 4 contracts

Samples: Indenture (Envestnet, Inc.), Indenture (Envestnet, Inc.), Indenture (Greenlight Capital Re, Ltd.)

Proceedings by Trustee. In case of an Event of Default, Default the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this the Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this the Indenture or in aid of the exercise of any power granted in this the Indenture, or to enforce any other legal or equitable right vested in the Trustee by this the Indenture or by law.

Appears in 4 contracts

Samples: Supplemental Indenture (Molycorp, Inc.), Supplemental Indenture (Molycorp, Inc.), Supplemental Indenture (Cobalt International Energy, Inc.)

Proceedings by Trustee. In case of an Event of Default, Default the Trustee may in its discretion (subject to the provisions of Section 7.01) proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 4 contracts

Samples: Indenture (Pra Group Inc), HCI Group, Inc., HCI Group, Inc.

Proceedings by Trustee. In case of If an Event of DefaultDefault occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by of the Holders of Notes under this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by lawproper remedy.

Appears in 3 contracts

Samples: Indenture (SL Green Operating Partnership, L.P.), Indenture (Sl Green Realty Corp), Duke Realty Limited Partnership/

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Supplemental Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 3 contracts

Samples: First Supplemental Indenture (RealPage, Inc.), Second Supplemental Indenture (Nevro Corp), First Supplemental Indenture (Nevro Corp)

Proceedings by Trustee. In case of an Event of DefaultDefault that is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 3 contracts

Samples: Microchip Technology Incorporated (Microchip Technology Inc), Microchip Technology Incorporated (Microchip Technology Inc), Microchip Technology Incorporated (Microchip Technology Inc)

Proceedings by Trustee. In case of an Event of Default, Default hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. SECTION 6.06.

Appears in 3 contracts

Samples: McDonalds Corp, McDonalds Corp, McDonalds Corp

Proceedings by Trustee. In case of an Event of DefaultDefault occurs with respect to Debentures of a series and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 3 contracts

Samples: Indenture (New York Community Bancorp Inc), Indenture (Commerce Bancorp Inc /Nj/), Indenture (New York Community Bancorp Inc)

Proceedings by Trustee. In case of an Event of a Default, the Trustee may may, in its discretion discretion, but subject to the terms of the Agreement, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 3 contracts

Samples: Indenture (IMH Financial Corp), Indenture (IMH Financial Corp), Indenture (IMH Financial Corp)

Proceedings by Trustee. In case of an Event of DefaultDefault under this Indenture, the Trustee may in its discretion may proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Noteholders by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other proper remedy or legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 3 contracts

Samples: Indenture (Synovus Financial Corp), Indenture (Synovus Financial Corp), Synovus Financial Corp

Proceedings by Trustee. In case of an Event of DefaultDefault known ---------------------- to a Responsible Officer of the Trustee, the Trustee may may, in its discretion discretion, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Samples: Viropharma Inc, At Home Corp

Proceedings by Trustee. In case of an Event of DefaultDefault that is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this the Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this the Indenture or in aid of the exercise of any power granted in this the Indenture, or to enforce any other legal or equitable right vested in the Trustee by this the Indenture or by law.

Appears in 2 contracts

Samples: Supplemental Indenture (Oasis Petroleum Inc.), Indenture (SM Energy Co)

Proceedings by Trustee. In case of an Event of DefaultDefault hereunder, the Trustee may Trustee, in its discretion discretion, may proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.enforcement

Appears in 2 contracts

Samples: Indenture (Atlantic Richfield Co /De), Indenture (Atlantic Richfield Co /De)

Proceedings by Trustee. In case of If an Event of DefaultDefault shall occur and be continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Samples: Indenture (Photronics Inc), Indenture (Photronics Inc)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.. Section 6.08

Appears in 2 contracts

Samples: Indenture (Hope Bancorp Inc), Patrick Industries Inc

Proceedings by Trustee. In case of an Event of Default, the Trustee may may, in its discretion sole discretion, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Samples: Indenture (Innovative Industrial Properties Inc), AFC Gamma, Inc.

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its sole discretion proceed to protect and enforce the rights vested in it the Trustee by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Samples: Indenture (Aurora Cannabis Inc), Indenture (Colliers International Group Inc.)

Proceedings by Trustee. In case of an Event of Default, the Trustee may may, in its discretion discretion, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or any Guarantee or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Samples: Indenture (Luminent Mortgage Capital Inc), Indenture (RAIT Financial Trust)

Proceedings by Trustee. In case of an Event of Default, the Trustee may may, in its discretion proceed to protect and enforce the rights vested in it them by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Samples: webfiles.thecse.com, sedar-filings-backup.thecse.com

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Samples: Indenture (Yandex N.V.), Indenture (Yandex N.V.)

Proceedings by Trustee. In case of an Event of Default, Default hereunder that is continuing the Trustee may may, in its discretion discretion, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Samples: Indenture (SM Energy Co), Indenture (SM Energy Co)

Proceedings by Trustee. In case of an Event of Default, Default the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Samples: Indenture (Savient Pharmaceuticals Inc), Indenture (Savient Pharmaceuticals Inc)

Proceedings by Trustee. In case of an Event of a Default, the Trustee may may, in its discretion discretion, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 2 contracts

Samples: IMH Financial Corp, IMH Financial Corp

Proceedings by Trustee. In case of an Event of Default, Default the Trustee may in its sole and absolute discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: WEIBO Corp

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Proceedings by Trustee. In case of an Event of Default, the Trustee may may, in its discretion discretion, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Section 6.06.

Appears in 1 contract

Samples: Healthcare Trust of America Holdings, LP

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its sole and absolute discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.. ​

Appears in 1 contract

Samples: Indenture (21Vianet Group, Inc.)

Proceedings by Trustee. In case of If an Event of DefaultDefault occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Notes by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this the Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by lawproper remedy.

Appears in 1 contract

Samples: Indenture (Wells Real Estate Investment Trust Ii Inc)

Proceedings by Trustee. In case of an Event of DefaultDefault ---------------------- known to a Responsible Officer of the Trustee, the Trustee may may, in its discretion discretion, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Semtech Corp

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this the Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this the Indenture or in aid of the exercise of any power granted in this the Indenture, or to enforce any other legal or equitable right vested in the Trustee by this the Indenture or by law.

Appears in 1 contract

Samples: And (Veeco Instruments Inc)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.. 37 ​ ​

Appears in 1 contract

Samples: Amphastar Pharmaceuticals, Inc.

Proceedings by Trustee. In case of an Event of Default, Default the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in under this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Indenture (Liberty Media Corp)

Proceedings by Trustee. In case of an Event of DefaultDefault , the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this IndentureIndenture , or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: www.adamsdrafting.com

Proceedings by Trustee. In case of an Event of Default, Default the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by applicable law.

Appears in 1 contract

Samples: Indenture (Global Eagle Entertainment Inc.)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its sole and absolute discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Indenture (Baozun Inc.)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.31

Appears in 1 contract

Samples: Neogenomics Inc

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Section 7.08.

Appears in 1 contract

Samples: Indenture (Euronet Worldwide Inc)

Proceedings by Trustee. In case of an Event of Default, Default hereunder the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.of

Appears in 1 contract

Samples: Indenture (Mercantile Bancorporation Inc)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy insolvency or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Pma Capital Corp

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.either

Appears in 1 contract

Samples: PPL Corp

Proceedings by Trustee. In case of If an Event of DefaultDefault occurs and is continuing, the Trustee may in its sole discretion proceed to protect and enforce its rights and the rights vested in it by this Indenture of the Holders of Notes by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indentureherein, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by lawproper remedy.

Appears in 1 contract

Samples: Indenture (Innovative Industrial Properties Inc)

Proceedings by Trustee. In case of If an Event of DefaultDefault has occurred and is continuing, the Trustee may may, in its discretion discretion, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Indenture (Canadian Solar Inc.)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.. #96856656v2

Appears in 1 contract

Samples: INVACARE HOLDINGS Corp

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion (and subject to Article 6 of the Base Indenture) proceed to protect and enforce the rights vested in it by this the Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this the Indenture or in aid of the exercise of any power granted in this the Indenture, or to enforce any other legal or equitable right vested in the Trustee by this the Indenture or by law.

Appears in 1 contract

Samples: Indenture (Weatherford International PLC)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.. 6.08

Appears in 1 contract

Samples: Indenture (Tricida, Inc.)

Proceedings by Trustee. In case of an Event of DefaultDefault occurs with respect to Debentures and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Mmi Companies Inc

Proceedings by Trustee. In case of an Event of Default, the ---------------------- Trustee may may, in its discretion discretion, proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Riverstone Networks Inc

Proceedings by Trustee. In case of an Event of DefaultDefault occurs with respect to Securities and is continuing, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this -28- Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Newfield Exploration Co /De/

Proceedings by Trustee. In case of an Event of Default, Default the Trustee may in its discretion (subject to the provisions of ‎Section 7.01) proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.. 39

Appears in 1 contract

Samples: Indenture (HCI Group, Inc.)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion (and subject to the provisions of Sections 7.01 and 7.07) proceed to protect and enforce the rights vested in it by this the Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this the Indenture or in aid of the exercise of any power granted in this the Indenture, or to enforce any other legal or equitable right vested in the Trustee by this the Indenture or by law.

Appears in 1 contract

Samples: Indenture (RCS Capital Corp)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this the Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this the Indenture or in aid of the exercise of any power granted in this the Indenture, or to enforce any other legal or equitable right vested in the Trustee by this the Indenture or by law.

Appears in 1 contract

Samples: And (Arbor Realty Trust Inc)

Proceedings by Trustee. In case of an Event of DefaultDefault hereunder, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this the Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding proceedings in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this the Indenture or in aid of the exercise of any power granted in this the Indenture, or to enforce any other legal or equitable right vested in the Trustee by this the Indenture or by law.

Appears in 1 contract

Samples: Indenture (Vistancia Marketing, LLC)

Proceedings by Trustee. In case of an Event of Default, the Trustee (subject to Article 7 hereof) may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Indenture (Kempharm, Inc)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.. 45

Appears in 1 contract

Samples: Indenture (BEST Inc.)

Proceedings by Trustee. In case of an Event of DefaultDefault has occurred and is continuing, and is actually known to a Responsible Officer of the Trustee, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Indenture (Pacira BioSciences, Inc.)

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this the Indenture by such appropriate judicial proceedings as are it may deem necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this the Indenture or in aid of the exercise of any power granted in this the Indenture, or to enforce any other legal or equitable right vested in the Trustee by this the Indenture or by law.

Appears in 1 contract

Samples: RPM International Inc/De/

Proceedings by Trustee. In case of an Event of Default, Default the Trustee may in its absolute discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: TAL Education Group

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law. Section 6.09.

Appears in 1 contract

Samples: Eagle Bulk Shipping Inc.

Proceedings by Trustee. In case of an Event of Default, Default the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary the Trustee shall deem most effectual to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.this

Appears in 1 contract

Samples: Iomega Corp

Proceedings by Trustee. In case of an Event of Default, Default the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are it may deem necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Sandisk Corp

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture Indenture, any Note or by law.

Appears in 1 contract

Samples: Emergent BioSolutions Inc.

Proceedings by Trustee. In case of an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the NY\7714988.8 exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Indenture (TUTOR PERINI Corp)

Proceedings by Trustee. In case of an Event of Default, Default the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as it may believe are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: Sunrise Senior Living Inc

Proceedings by Trustee. In case of of, and during the continuation of, an Event of Default, the Trustee may in its discretion proceed to protect and enforce the rights vested in it by this Indenture by such appropriate judicial proceedings as are necessary to protect and enforce any of such rights, either by suit in equity or by action at law or by proceeding in bankruptcy or otherwise, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted in this Indenture, or to enforce any other legal or equitable right vested in the Trustee by this Indenture or by law.

Appears in 1 contract

Samples: SAExploration Holdings, Inc.

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