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 Partners v C LTD Partnership), Liquidating Trust Agreement (Airfund Ii International Limited Partnership), Liquidating Trust Agreement (American Income Fund I-B 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 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: Plan of Dissolution and Liquidation (PLM Equipment Growth Fund Iv), Liquidating Trust Agreement (PLM Equipment Growth Fund Vi), Liquidating Trust Agreement (PLM Equipment Growth & Income Fund Vii)
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 Equipment & Corporate Infrastructure Fund Fourteen, L.P.), Liquidating Trust Agreement (Icon Eci Fund Fifteen, 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 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.), Agreement and Declaration of Trust (T Reit 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: Liquidating Trust Agreement (N1 Liquidating Trust), Master Combination Agreement (NorthStar Real Estate Income II, Inc.), Master Combination 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 Iii Inc), Liquidating Trust Agreement (Shelbourne Properties I 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: Distribution 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 Fund Inc), Liquidating Trust Agreement (Microcap 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 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 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 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 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 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, and such undertaking shall not be required from the Trustee or otherwise required in any suit by any Beneficiary or group of Beneficiaries having aggregate Beneficial Interests of more than 66.7% of all Beneficial Interests.
Appears in 1 contract
Samples: Liquidating Trust Agreement (Pacific Gulf Properties 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 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 Agreementhereunder, or in any suit against the Trustee for any action taken or omitted 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, that the provisions of this Section SECTION 10.3 shall not apply to any suit by the Trustee.
Appears in 1 contract
Samples: Joint Litigation Trust Agreement (Siena Holdings 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.)
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 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 initiated by the TrusteeTrustee (other than a counterclaim).
Appears in 1 contract
Samples: Trust Agreement (Fab Industries Inc)
