Requirement of Undertaking. The Trustee may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section shall not apply to any suit by the Trustee.
Appears in 14 contracts
Samples: Liquidating Trust Agreement (PLM Equipment Growth Fund Iv), Liquidating Trust Agreement (Professional Lease Management Income Fund I LLC), Liquidating Trust Agreement (PLM Equipment Growth Fund)
Requirement of Undertaking. The Managing Trustee may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Managing Trustee for any action taken or omitted by it as Managing Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section shall not apply to any suit by the Managing Trustee.
Appears in 14 contracts
Samples: Liquidating Trust Agreement (ICON ECI Fund Sixteen), Liquidating Trust Agreement (Icon Eci Fund Fifteen, L.P.), Liquidating Trust Agreement (ICON Equipment & Corporate Infrastructure Fund Fourteen, L.P.)
Requirement of Undertaking. The Trustee may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section shall not apply to any suit by the Trustee.
Appears in 14 contracts
Samples: Liquidating Trust Agreement (American Income Fund I-D LTD Partnership), Liquidating Trust Agreement (American Income Partners v C LTD Partnership), Liquidating Trust Agreement (American Income Fund I-C LTD Partnership)
Requirement of Undertaking. The Trustee may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee for any action taken or omitted to be taken by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, provided that the provisions of this Section 11.3 shall not apply to any suit by the Trustee.
Appears in 5 contracts
Samples: Liquidating Trust Agreement (All American Group Inc), Liquidating Trust Agreement (Xcorporeal, Inc.), Liquidating Trust Agreement (Amv Liquidating Trust)
Requirement of Undertaking. The Trustee Trustees may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee Trustees for any action taken or omitted to be taken by it them as TrusteeTrustees, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, provided that the provisions of this Section 9.03 shall not apply to any suit by the TrusteeTrustees.
Appears in 4 contracts
Samples: Acceptance and Assumption Agreement (N1 Liquidating Trust), Limited Liability Company Agreement (NorthStar Real Estate Income II, Inc.), Limited Liability Company Agreement (Colony NorthStar, Inc.)
Requirement of Undertaking. The Trustee may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee for any action taken or omitted to be taken by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, provided that the provisions of this Section 11.3 shall not apply to any suit by the Trustee.
Appears in 3 contracts
Samples: Liquidating Trust Agreement (Shelbourne Properties Ii Inc), Liquidating Trust Agreement (Shelbourne Properties I Inc), Liquidating Trust Agreement (Shelbourne Properties Iii Inc)
Requirement of Undertaking. The Trustee Trustees may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee Trustees for any action taken or omitted by it them as TrusteeTrustees, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section shall not apply to any suit or other proceeding by the TrusteeTrustees.
Appears in 2 contracts
Samples: Liquidating Trust Agreement (Grafiti Holding Inc.), Liquidating Trust Agreement (Grafiti Holding Inc.)
Requirement of Undertaking. The Trustee may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee for any action taken or omitted to be taken by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, provided that the provisions of this Section 11.3 shall not apply to any suit brought by the Trustee.
Appears in 2 contracts
Samples: Canada Distribution Trust Agreement (Sinocoking Coal & Coke Chemical Industries, Inc.), Distribution Trust Agreement (Sinocoking Coal & Coke Chemical Industries, Inc.)
Requirement of Undertaking. The Trustee Trustees may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee Trustees for any action taken or omitted by it them as TrusteeTrustees, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section shall not apply to any suit or other proceeding by the TrusteeTrustees.
Appears in 2 contracts
Samples: Liquidating Trust Agreement (Microcap Liquidating Trust), Liquidating Trust Agreement (Microcap Fund Inc)
Requirement of Undertaking. The Trustee Trustees may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee Trustees for any action taken or omitted to be taken by it them as TrusteeTrustees, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, provided that the provisions of this Section 9.3 shall not apply to any suit by the TrusteeTrustees.
Appears in 2 contracts
Samples: Liquidating Trust Agreement (Crossroads Capital, Inc.), Agreement and Declaration of Trust (DC Industrial Liquidating Trust)
Requirement of Undertaking. The Trustee may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee for any action taken or omitted to be taken by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, provided that the provisions of this Section 5.7 shall not apply to any suit instituted by the Trustee.
Appears in 2 contracts
Samples: Liquidating Trust Agreement, Liquidating Trust Agreement (Remec Inc)
Requirement of Undertaking. The Trustee Trustees may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee Trustees for any action taken or omitted to be taken by it them as TrusteeTrustees, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, provided that the provisions of this Section 11.3 shall not apply to any suit by the TrusteeTrustees.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (G REIT Liquidating Trust)
Requirement of Undertaking. The Trustee may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee for any action taken or omitted to be taken by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, provided that the provisions of this Section 11.3 shall not apply to any suit by the Trustee.. <PAGE>
Appears in 1 contract
Samples: Liquidating Trust Agreement (Advanced Switching Communications Inc)
Requirement of Undertaking. The Trustee Trustees may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee Trustees for any action taken or omitted by it them as TrusteeTrustees, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section shall not apply to any suit by the TrusteeTrustees.
Appears in 1 contract
Requirement of Undertaking. The Trustee Trustees may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee Trustees for any action taken or omitted to be taken by it as TrusteeTrustees, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, provided that the provisions of this Section 11.3 shall not apply to any suit by the TrusteeTrustees.
Appears in 1 contract
Samples: Liquidating Trust Agreement (BPP Liquidating Trust)
Requirement of Undertaking. The Trustee may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee for any action taken or omitted to be taken by it him as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, provided that the provisions of this Section 11.3 shall not apply to any suit by the Trustee.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Mission West Properties Inc)
Requirement of Undertaking. The Trustee may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 11.3 shall not apply to any suit by the Trustee, and no such undertaking shall be required from the Trustee.
Appears in 1 contract
Samples: Liquidating Trust Agreement (Sinocoking Coal & Coke Chemical Industries, Inc.)
