Right of Court to Require Filing of Undertaking to Pay Costs. All Parties to this CVR Agreement agree, and each Holder of any Security 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 CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 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 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) of the Securities Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security on or after the due date expressed in such Security.
Appears in 7 contracts
Samples: Contingent Value Rights Agreement (Alliancebernstein L.P.), Contingent Value Rights Agreement (Sanofi-Aventis), Agreement and Plan of Merger (Genzyme Corp)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties to this CVR Agreement agree, and each Holder of any Security 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 CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 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 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) of the Securities Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security on or after the due date expressed in such Security.
Appears in 4 contracts
Samples: Contingent Value Rights Agreement (Wright Medical Group Inc), Contingent Value Rights Agreement (Wright Medical Group Inc), Contingent Value Rights Agreement (Wright Medical Group Inc)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties to this CVR Agreement agree, and each Holder of any Security 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 CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 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 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) of the Securities Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security on or after the due date expressed in such Security.
Appears in 4 contracts
Samples: Contingent Value Rights Agreement (Cubist Pharmaceuticals Inc), Contingent Value Rights Agreement (Cubist Pharmaceuticals Inc), Contingent Value Rights Agreement (Cubist Pharmaceuticals Inc)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement Indenture agree, and each Holder of any Security 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 CVR Agreement Indenture or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 8.12 6.11 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder Noteholder or group of Holders Noteholders holding in the aggregate more than ten percent (10%) % in aggregate principal amount of the Securities Outstanding Notes, or to any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of or interest on any Security Note on or after the due date expressed in such SecurityNote or any date fixed for redemption.
Appears in 3 contracts
Samples: Indenture (Citizens Communications Co), Citizens Communications Co, Citizens Communications Co
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement Indenture agree, and each Holder of any Security 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 CVR Agreement Indenture or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder Securityholder or group of Holders Securityholders holding in the aggregate more than ten percent 10% in the aggregate Principal amount of the Securities, or in the case of any suit relating to or arising under clauses (10%d), (e), (f) or (g) of the Securities Outstanding Section 4.1, or to any suit instituted by any Holder Securityholder for the enforcement of the payment of the Principal of or interest on any Security on or after the due date expressed in such Security.
Appears in 3 contracts
Samples: Indenture (Cone Mills Corp), Cone Mills Corp, Cone Mills Corp
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement Indenture agree, and each Holder of any Security 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 CVR Agreement Indenture or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder Securityholder or group of Holders Securityholders of any series holding in the aggregate more than ten percent (10%) % in aggregate principal amount of the Securities Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security on or after the due date expressed in such Securityseries.
Appears in 2 contracts
Samples: Mizuho Financial Group Inc, Indenture (Mizuho Financial Group Inc)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement Indenture agree, and each Holder of any Security 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 CVR Agreement Indenture or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 8.12 section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder Securityholder or group of Holders Securityholders of any series holding in the aggregate more than ten percent (10%) % in aggregate principal amount of the Securities Outstanding or of such series, or, to any suit instituted by any a Holder for the enforcement of the payment of any Security on or after the due date expressed in such Securitypursuant to Section 4.07.
Appears in 2 contracts
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties to this CVR Agreement agree, and each Holder of any Security 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 CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 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 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) of the Outstanding Securities Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security on or after the due date expressed in such Security.
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (Community Health Systems Inc), Contingent Value Rights Agreement (Community Health Systems Inc)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement agree, and each Holder of any Security CVR 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 CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 or the claims or defenses made by such party litigant; but the provisions of this Section 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) % of the Securities CVRs Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security CVR on or after the due date expressed in such SecurityCVR.
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (Virologic Inc), Contingent Value Rights Agreement (Aclara Biosciences Inc)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement agree, and each Holder holder of any Security VCR 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 CVR Agreement or in any suit against the Trustee Rights Agent for any action taken, suffered or omitted by it as Rights Agent, the Trusteefiling by any party suffered or omitted by it as Rights Agent, 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of or the claims or defenses made by such party litigant; but the provisions of this Section 8.12 shall not apply to any suit instituted by the TrusteeRights Agent, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) % of the Securities VCRs Outstanding or to any suit instituted instructed by any Holder for the enforcement of the payment of any Security VCR on or after the due date expressed in such Security.VCR. ARTICLE EIGHT
Appears in 2 contracts
Samples: Variable Common Rights Agreement (Metrocall Inc), Variable Common Rights Agreement (Metrocall Inc)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement Indenture agree, and each Holder of any Security 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 CVR Agreement Indenture or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 8.12 7.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) % in aggregate principal amount of the Securities Outstanding Notes, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security Note on or after the due date expressed in such SecurityNote or any date fixed for redemption.
Appears in 2 contracts
Samples: Indenture (Frontier Communications Corp), Indenture (Frontier Communications Corp)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement Indenture agree, and each Holder of any Security 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 CVR Agreement Indenture or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder Securityholder or group of Holders Securityholders holding in the aggregate more than ten percent (10%) % in aggregate principal amount of the Securities Outstanding Securities, or to any suit instituted by any Holder Securityholder for the enforcement of the payment of the principal of or interest on any Security on or after the due date expressed in such SecuritySecurity or any date fixed for redemption.
Appears in 2 contracts
Samples: Trust Indenture (First Responder Systems & Technology Inc.), Trust Indenture (First Responder Systems & Technology Inc.)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement Indenture agree, and each Holder of any Security 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 CVR Agreement Indenture or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 8.12 6.11 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder Noteholder or group of Holders Noteholders holding in the aggregate more than ten percent (10%) % in aggregate principal amount of the Securities Outstanding Notes of any series, or to any suit instituted by any Holder Noteholder of such series for the enforcement of the payment of the principal of, premium, if any, or interest on any Security Note of such series on or after the due date expressed in such Securitytherefor or any date fixed for redemption.
Appears in 2 contracts
Samples: Eastman Chemical Co, Eastman Chemical Co
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement Indenture agree, and each Holder of any Security Securities 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 CVR Agreement Indenture or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder Securityholder or group of Holders Securityholders holding in the aggregate more than ten percent (10%) % in aggregate principal amount of the Securities Outstanding outstanding, or to any suit instituted by any Holder Securityholder for the enforcement of the payment of the principal of or interest on any Security on or after the due date expressed in such Security.
Appears in 2 contracts
Samples: Indenture (Congoleum Corp), Indenture (American Biltrite Inc)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties to this CVR Agreement agree, and each Holder of any Security CVR by his or her 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 CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 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 8.12 7.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) % of the Securities CVRs Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security CVR on or after the due date expressed in such SecurityCVR.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Grail, LLC), Agreement and Plan of Merger (Grail, LLC)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement Indenture agree, and each Holder of any Security 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 CVR Agreement Indenture or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 8.12 7.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder Securityholder or group of Holders Securityholders holding in the aggregate more than ten percent (10%) % in aggregate principal amount of the Securities Outstanding of any series, or to any suit instituted by any Holder Securityholder for the enforcement of the payment of the principal of or interest on any Security on or after the due date expressed in such SecuritySecurity or any date fixed for redemption.
Appears in 1 contract
Samples: Frontier Communications Corp
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement Indenture agree, and each Holder of any Security 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 CVR Agreement Indenture or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder Securityholder or group of Holders Securityholders of any series holding in the aggregate more than ten percent (10%) % in aggregate principal amount of the Securities Outstanding or of such series, or, to any suit instituted by any a Holder for the enforcement of the payment of any Security on or after the due date expressed in such Securitypursuant to Section 4.07.
Appears in 1 contract
Samples: Indenture (Planetout Inc)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties to this CVR Agreement agree, and each Holder of any Security CVR by his or her 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 CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 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; litigant; but the provisions of this Section 8.12 7.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) % of the Securities CVRs Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security CVR on or after the due date expressed in such Security.CVR. 40 ARTICLE 8
Appears in 1 contract
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement agree, and each Holder of any Security 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 CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 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 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten twenty five percent (1025%) of the Securities Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security on or after the due date expressed in such Security.
Appears in 1 contract
Samples: Hewlett Packard Co
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion discre- tion require, in any suit for the enforcement of any right or remedy under this CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted by it as the Trustee, the filing by any party litigant xxxx- xxxx 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 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 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) % of the Securities Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security on or after the due date expressed in such Security.
Appears in 1 contract
Samples: Stock and VSR Purchase Agreement (Mafco Consolidated Group Inc)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties to this CVR Agreement agree, and each Holder of any Security CVR by his acceptance thereof receiving or holding the same 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 CVR Agreement or in any suit against the Trustee Rights Agent for any action taken, suffered or omitted by it as the TrusteeRights Agent, 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 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 8.12 8.11 shall not apply to any suit instituted by the TrusteeRights Agent, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) of the Securities Outstanding CVRs or to any suit instituted by any Holder for the enforcement of the payment of any Security CVR on or after the due date expressed in such SecurityCVR. [Remainder of page intentionally left blank.]
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Third Point Reinsurance Ltd.)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties to this CVR Agreement agree, and each Holder of any Security CVR by his or her 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 CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted to be taken by it as the 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 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; litigant; but the provisions of this Section 8.12 7.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) % of the Securities CVRs Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security CVR on or after the due date expressed in such SecurityCVR.
Appears in 1 contract
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement agree, and each Holder of any Security 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 CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 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 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) of the Securities Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security on or after the due date expressed in such Security.
Appears in 1 contract
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties to this CVR Agreement agree, and each Holder of any Security CVR by his acceptance thereof receiving or holding the same 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 CVR Agreement or in any suit against the Trustee Rights Agent for any action taken, suffered or omitted by it as the TrusteeRights Agent, 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 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 8.12 8.11 shall not apply to any suit instituted by the TrusteeRights Agent, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) of the Securities Outstanding CVRs or to any suit instituted by any Holder for the enforcement of the payment of any Security CVR on or after the due date expressed in such SecurityCVR. [Remainder of page intentionally left blank.] 1006108252v8
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Third Point Reinsurance Ltd.)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties to this CVR Agreement agree, and each Holder of any Security 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 CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 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 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) of the Outstanding Securities Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security on or after the due date expressed in such Security.. ARTICLE9
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Health Management Associates, Inc)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement Indenture agree, and each Holder of any Security 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 CVR Agreement Indenture or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 8.12 4.11 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder Holder, or group of Holders Holders, holding in the aggregate more than ten percent (10%) % in principal amount of the Securities Outstanding then outstanding affected series of Securities, or to any suit instituted by any Holder Holders for the enforcement of the payment of the principal of, premium, if any, or interest on any Security against the Issuer on or after the due date expressed in of such Security.
Appears in 1 contract
Samples: Nokia Corp
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement agree, and each Holder of any Security CVI 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 CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 or the claims or defenses made by such party litigant; but the provisions of this Section 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) % of the Securities CVIs Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security CVI on or after the due date expressed in such SecurityCVI.
Appears in 1 contract
Samples: Contingent Value Interests Agreement (KKR & Co. L.P.)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties to this CVR Agreement agree, and each Holder of any Security 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 CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 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 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) of the Outstanding Securities Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security on or after the due date expressed in such Security.. ARTICLE9 CONSOLIDATION, MERGER, SALE OR CONVEYANCE
Appears in 1 contract
Samples: Rights Agreement
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties to this CVR Agreement agree, and each Holder of any Security CVR by his acceptance thereof receiving or holding the same 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 CVR Agreement or in any suit against the Trustee Rights Agent for any action taken, suffered or omitted by it as the TrusteeRights Agent, 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 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 8.12 8.11 shall not apply to any suit instituted by the TrusteeRights Agent, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) of the Securities Outstanding CVRs or to any suit instituted by any Holder for the enforcement of the payment of any Security CVR on or after the due date expressed in such SecurityCVR.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Sirius International Insurance Group, Ltd.)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement agree, and each Holder of any Security 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 CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 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 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) of the Securities Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security on or after the due date expressed in such Security.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (APP Pharmaceuticals, Inc.)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement agree, and each Holder of any Security 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 CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 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 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) of the Securities Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security on or after the due date expressed in such Security.. ARTICLE 10
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Hewlett Packard Erste Vermogensverw U Beteiligungsges MBH)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement agree, and each Holder of any Security 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 CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 attorneys’ feesfees 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 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) of the Securities Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security on or after the due date expressed in such Security.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Fresenius Kabi Pharmaceuticals Holding, Inc.)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement agree, and each Holder of any Security CVR by his such Holder's 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 CVR Agreement or in any suit against the Trustee for any action taken, suffered or omitted by it as the 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 or the claims or defenses made by such party litigant; but the provisions of this Section 8.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10%) % of the Securities CVRs Outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security CVR on or after the due date expressed in such SecurityCVR.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Atkins Nutritionals Holdings, Inc.)
Right of Court to Require Filing of Undertaking to Pay Costs. All Parties parties to this CVR Agreement agree, and each Holder of any Security CVR 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 CVR Agreement or in any suit against the CVR Trustee for any action taken, suffered or omitted by it as the CVR 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 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 8.12 8.13 shall not apply to any suit instituted by the CVR Trustee, to any suit instituted by any Holder or group of Holders holding in the aggregate more than ten percent per cent (10%) of the Securities Outstanding CVRs outstanding or to any suit instituted by any Holder for the enforcement of the payment of any Security CVR on or after the due date expressed in such SecurityCVR.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Yin Jia Investments LTD)