Common use of Right of Court to Require Filing of Undertaking to Pay Costs Clause in Contracts

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of the Notes by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, 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, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that 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; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder or group of Noteholders holding in the aggregate more than 10% in aggregate Principal Amount at Maturity of the Notes, or to any suit instituted by any Noteholder for the enforcement of the payment of the Principal Amount at Maturity, Issue Price, accrued Original Issue Discount or Redemption Price of the Notes when the same shall become due and payable.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of the Notes any Note by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, 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, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees’ fees and expenses, 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; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder Holder or group of Noteholders Holders holding in the aggregate more than 10% in aggregate Principal Amount at Maturity principal amount of the Notes, or, in the case of any suit relating to or arising under clause (c) or (f) of Section 4.1, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the Principal Amount at Maturity, Issue Price, accrued Original Issue Discount principal of or Redemption Price of interest on any Note on or after the Notes when the same shall become due and payable.date expressed in such Note or any date fixed for redemption. ARTICLE FIVE CONCERNING THE TRUSTEE

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of the Notes any Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, 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, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that 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; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder Holder or group of Noteholders Holders holding in the aggregate more than 10% in aggregate Principal Amount at Maturity principal amount of the NotesNotes or, in the case of any suit relating to or arising under clause (c) or (f) of Section 4.1 or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the Principal Amount at Maturity, Issue Price, accrued Original Issue Discount principal of or Redemption Price of interest on any Note on or after the Notes when the same shall become due and payable.date expressed in such Note or any date fixed for redemption. ARTICLE FIVE CONCERNING THE TRUSTEE

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of the Notes by his acceptance thereof Noteholder shall be deemed to have agreed, that any court may in its discretion require, 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, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that 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; but the provisions of this Section section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder or group of Noteholders holding in the aggregate more than 10% in aggregate Principal Amount at Maturity principal amount of the Subordinated Notes, or to any suit instituted by any Noteholder for the enforcement of the payment of the Principal Amount at Maturity, Issue Price, accrued Original Issue Discount principal of or Redemption Price of interest on any Subordinated Note on or after the Notes when the same shall become due and payableMaturity Date.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of the Notes any Note by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, 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, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees’ fees and expenses, 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; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder Holder or group of Noteholders Holders holding in the aggregate more than 10% in aggregate Principal Amount at Maturity principal amount of the Notes, or, in the case of any suit relating to or arising under clause (c) or (f) of Section 4.1, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the Principal Amount at Maturity, Issue Price, accrued Original Issue Discount principal of or Redemption Price of interest on any Note on or after the Notes when the same shall become due and payabledate expressed in such Note or any date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of the Notes any Note by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, 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, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees’ fees and expenses, 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; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder Holder or group of Noteholders Holders holding in the aggregate more than 10% in aggregate Principal Amount at Maturity principal amount of the Notes, or, in the case of any suit relating to or arising under clause (c) or (f) of Section 4.1, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the Principal Amount at Maturity, Issue Price, accrued Original Issue Discount principal of or Redemption Price of interest on any Note on or after the Notes when the same shall become due and payable.date expressed in such Note or any date fixed for redemption. ARTICLE FIVE

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of the Notes any Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, 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, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that 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; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder Holder or group of Noteholders Holders holding in the aggregate more than 10% in aggregate Principal Amount at Maturity principal amount of the NotesNotes or, in the case of any suit relating to or arising under clause (c) or (f) of Section 4.1 or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the Principal Amount at Maturity, Issue Price, accrued Original Issue Discount principal of or Redemption Price of interest on any Note on or after the Notes when the same shall become due and payabledate expressed in such Note or any date fixed for redemption.