Common use of Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee Clause in Contracts

Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee. In any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, or omitted by it as Trustee, a court may require any party litigant in such suit to file an undertaking to pay the costs of such suit, and may assess costs against any such party litigant, in the manner and to the extent provided in the Trust Indenture Act; provided that neither this Section 8.07 nor the Trust Indenture Act will be deemed to authorize any court to require such an undertaking or to make such an assessment in any suit instituted by the Company.

Appears in 3 contracts

Samples: Indenture (Macy's, Inc.), Indenture (Federated Retail Holdings Inc), Indenture (Macy's Retail Holdings Inc)

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Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee. In any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, or omitted by it as Trustee, a court may require any party litigant in such suit to file an undertaking to pay the costs of such suit, and may assess costs against any such party litigant, in the manner and to the extent provided in the Trust Indenture Act; provided that neither this Section 8.07 7.07 nor the Trust Indenture -------- ------------ Act will be deemed by virtue of authorizing a court to authorize do so to require that any court to require such an undertaking or to make such an assessment in any suit instituted by the Company.

Appears in 1 contract

Samples: Indenture (Portal Software Inc)

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