Common use of Requirement of Undertaking Clause in Contracts

Requirement of Undertaking. The Trustee may request the Bankruptcy Court to 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, including reasonable attorneys’ fees, against any party litigant in such suit; provided, however, that the provisions of this Section 6.07 shall not apply to any suit by the Trustee.

Appears in 2 contracts

Samples: Contingent Value Vehicle Agreement (Adelphia Communications Corp), Liquidating Trust Agreement (Adelphia Communications Corp)

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Requirement of Undertaking. The Trustee may request the Bankruptcy Court to 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, including reasonable attorneys’ fees, against any party litigant in such suit; provided, however, that the provisions of this Section 6.07 section 5.6 shall not apply to any suit by the Trustee.

Appears in 1 contract

Samples: Liquidating Trust Agreement

Requirement of Undertaking. The Trustee may request the Bankruptcy Court to 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, including reasonable attorneys' fees, against any party litigant in such suit; provided, . however, that the provisions of this Section 6.07 11.02 shall not apply to any suit by the Trustee.

Appears in 1 contract

Samples: Liquidating Trust Agreement (DLB Oil & Gas Inc)

Requirement of Undertaking. The Trustee may request the Bankruptcy Court to require, in any suit for the enforcement of any right or remedy under this Litigation Trust 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, including reasonable attorneys' fees, against any party litigant in such suit; provided, however, that the provisions of this Section 6.07 10.02 shall not apply to any suit by the Trustee.

Appears in 1 contract

Samples: Litigation Trust Agreement (Ets Payphones Inc)

Requirement of Undertaking. The Trustee may request the Bankruptcy Court to 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, including reasonable attorneys’ fees, against any party litigant in such suit; provided, however, that the provisions of this Section 6.07 5.6 shall not apply to any suit by the Trustee.

Appears in 1 contract

Samples: Litigation Trust Agreement (Jennifer Convertibles Inc)

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Requirement of Undertaking. The Trustee may request the Bankruptcy Court to 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, including reasonable attorneys’ fees, against any party litigant in such suit; provided, however, provided that the provisions of this Section 6.07 shall not apply to any suit by the Trustee.

Appears in 1 contract

Samples: Gpor Distribution Trust Agreement (GPOR Distribution Trust)

Requirement of Undertaking. The Litigation Trustee may request the Bankruptcy Court to require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Litigation Trustee for any action taken or omitted by it as Litigation Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, including reasonable attorneys’ fees, against any party litigant in such suit; provided, however, that the provisions of this Section 6.07 section 8.6 shall not apply to any suit by the Litigation Trustee.

Appears in 1 contract

Samples: Litigation Trust Agreement (Cano Health, Inc.)

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