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. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, all parties to this Indenture agree, and each Holder of any Security or Coupon 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 Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series then Outstanding, or, in the case of any suit relating to or arising under clause (d) or (g) of Section 5.1 (if the suit relates to Securities of more than one but less than all series), l0% in aggregate principal amount of Securities then Outstanding and affected thereby, or in the case of any suit relating to or arising under clause (d) or (g) (if the suit under clause (d) or (g) relates to all the Securities then Outstanding), clause (e) or (f) of Section 5.1, 10% in aggregate principal amount of all Securities then Outstanding, or to any suit instituted by any 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 or any date fixed for redemption. ARTICLE SIX

Right of Court to Require Filing of Undertaking to Pay Costs. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, all All parties to this Indenture agree, and each Holder of any Security or and each Holder of any Coupon 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 the Securities of any series 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, 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 TrusteeTrustee for the Securities of any series, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series then Outstanding, Outstanding or, in the case of any suit relating to or arising under clause (d) or (gh) of Section 5.1 6.1 (if the suit relates to Securities of more than one but less than all series), l010% in aggregate principal amount of Securities then Outstanding and affected therebythereby or, or in the case of any suit relating to or arising under clause (d) or ), (gh) (if the suit under clause (d) or (gh) relates to all the Securities then Outstanding), clause (e), (f) or (fg) of Section 5.16.1, 10% in aggregate principal amount of all Securities then Outstanding, Outstanding or to any suit instituted by any Securityholder Holder of Securities or Coupons for the enforcement of the payment of the principal of of, premium, if any, or interest interest, if any, on any Security or Coupon on or after the due date expressed in such Security or any date fixed for redemption. ARTICLE SIXCoupon.

Right of Court to Require Filing of Undertaking to Pay Costs. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, all All parties to this Indenture agree, and each Holder of any Security or Coupon and each Holder of any Coupon, by his acceptance thereof 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 the Issuer or Parent, to any suit instituted by any Securityholder or group of Securityholders of any series Series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series then OutstandingSeries, or, in the case of any suit relating to or arising under clause (d) or (ge) of Section 5.1 5.01 (if the suit relates to Securities of more than one but less than all seriesSeries), l010% in aggregate principal amount of Securities then Outstanding and affected thereby, or in the case of any suit relating to or arising under clause (d) or (ge) (if the suit under clause (d) or (ge) relates to all the Securities then Outstanding), clause (ef), (g) or (fh) of Section 5.15.01, 10% in aggregate principal amount of all Securities then Outstanding, or to any suit instituted by any 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 or any date fixed for redemption. ARTICLE SIXSecurity.

Right of Court to Require Filing of Undertaking to Pay Costs. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, all All parties to this Indenture agree, and each Holder of any Security or Coupon coupon 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 (other than the Trustee) 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 Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Securities of such series then Outstandingseries, or, in the case of any suit relating to or arising under clause (d) or (g) of Section 5.1 6.01 (if the suit relates to Securities of more than one but less than all series), l010% in aggregate principal amount of Securities then Outstanding and affected thereby, or in the case of any suit relating to or arising under clause (d) or (g) (if the suit under clause (d) or (g) relates to all the Securities then Outstanding), clause (e) or (f) of Section 5.16.01, 10% in aggregate principal amount of all Securities then Outstanding, or to any suit instituted by any 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 or any date fixed for redemption. ARTICLE SIXThe Holders of a majority in principal amount of the Outstanding Securities of such series by notice to the Company and the Trustee may rescind an acceleration and its consequences if (i) all existing Events of Default with respect to the Securities of such series, other than the non-payment of the principal of the Securities which have become due solely by such declaration of acceleration, have been cured or waived, (ii) the Company has paid or deposited with the Trustee a sum sufficient to pay the whole amount then due and payable on such Securities and any coupons appertaining thereto for principal and interest and Additional Amounts, if any, with interest upon the overdue principal and, to the extent that payment of such interest shall be legally enforceable, upon overdue installments of interest or any Additional Amounts, at the rate or rates borne by or provided for in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and (iii) the rescission would not conflict with any judgment or decree. No such rescission shall have any effect on any subsequent default or impair any right consequent thereon.

Right of Court to Require Filing of Undertaking to Pay Costs. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, all All parties to this Indenture agree, and each Holder of any Security or Coupon and each Holder of any Coupon, by his acceptance thereof 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' 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 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder or group of Securityholders of any series Series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series then OutstandingSeries, or, in the case of any suit relating to or arising under clause (d) or (g) of Section 5.1 (if the suit relates to Securities of more than one but less than all seriesSeries), l010% in aggregate principal amount of Securities then Outstanding and affected thereby, or in the case of any suit relating to or arising under clause (d) or (g) (if the suit under clause (d) or (g) relates to all the Securities then Outstanding), clause (e), (f) or (fg) of Section 5.1, 10% in aggregate principal amount of all Securities then Outstanding, or to any suit instituted by any 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 or any date fixed for redemptionSecurity. ARTICLE SIX

Right of Court to Require Filing of Undertaking to Pay Costs. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, all All parties to this Subordinated Indenture agree, and each Holder of any Subordinated Security or Coupon 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 Subordinated 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 Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Subordinated Securities of such series then Outstandingseries, or, in the case of any suit relating to or arising under clause (d) or (gh) of Section 5.1 (if the suit relates to Subordinated Securities of more than one but less than all series), l010% in aggregate principal amount of Subordinated Securities then Outstanding and affected thereby, or in the case of any suit relating to or arising under clause (d) or (gh) (if the suit under clause (d) or (gh) relates to all the Subordinated Securities then Outstanding), clause (ef) or (fg) of Section 5.1, 10% in aggregate principal amount of all Subordinated Securities then Outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or interest on any Subordinated Security on or after the due date expressed in such Subordinated Security or any date fixed for redemption. ARTICLE SIX.

Right of Court to Require Filing of Undertaking to Pay Costs. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, all All parties to this Indenture agree, and each Holder of any Security or Coupon and each Holder of any Coupon, by his acceptance thereof 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' feesfees and expenses, 45 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 Securityholder or group of Securityholders of any series Series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series then OutstandingSeries, or, in the case of any suit relating to or arising under clause (d) or (g) of Section 5.1 (if the suit relates to Securities of more than one but less than all seriesSeries), l010% in aggregate principal amount of Securities then Outstanding and affected thereby, or in the case of any suit relating to or arising under clause (d) or (g) (if the suit under clause (d) or (g) relates to all the Securities then Outstanding), clause (e), (f) or (fg) of Section 5.1, 10% in aggregate principal amount of all Securities then Outstanding, or to any suit instituted by any 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 or any date fixed for redemptionSecurity. ARTICLE SIX

Right of Court to Require Filing of Undertaking to Pay Costs. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, all All parties to this Indenture agree, and each Holder of any Security or Coupon and each Holder of any Coupon, by his acceptance thereof 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 the Company, to any suit instituted by any Securityholder or group of Securityholders of any series Series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series then OutstandingSeries, or, in the case of any suit relating to or arising under clause (d) or (ge) of Section 5.1 (if the suit relates to Securities of more than one but less than all seriesSeries), l010% in aggregate principal amount of Securities then Outstanding and affected thereby, or in the case of any suit relating to or arising under clause (d) or (ge) (if the suit under clause (d) or (ge) relates to all the Securities then Outstanding), clause (ef), (g) or (fh) of Section 5.1, 10% in aggregate principal amount of all Securities then Outstanding, or to any suit instituted by any 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 or any date fixed for redemptionSecurity. ARTICLE SIX

Right of Court to Require Filing of Undertaking to Pay Costs. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, all All parties to this Indenture agree, and each Holder of any Security or Coupon 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 5.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series then Outstandingseries, or, in the case of any suit relating to or arising under clause (d) or (g) of Section 5.1 (if the suit relates to Securities of more than one but less than all series), l010% in aggregate principal amount of Securities then Outstanding and affected thereby, or in the case of any suit relating to or arising under clause (d) or (g) (if the suit under clause (d) or (g) relates to all the Securities then Outstanding), clause or (e) or (f) of Section 5.1, 10% in aggregate principal amount of all Securities then Outstanding, or to any suit instituted by any 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 or any date fixed for redemption. ARTICLE SIX.

Right of Court to Require Filing of Undertaking to Pay Costs. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, all All parties to this Indenture agree, and each Holder of any Security or and each Holder of any Coupon 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 the Securities of any series 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, 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 TrusteeTrustee for the Securities of any series, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series then Outstanding, Outstanding or, in the case of any suit relating to or arising under clause (d) or (gh) of Section 5.1 6.1 (if the suit relates to Securities of more than one but less than all series), l0% in aggregate principal amount of Securities then Outstanding and affected thereby, or in the case of any suit relating to or arising under clause (d) or (g) (if the suit under clause (d) or (g) relates to all the Securities then Outstanding), clause (e) or (f) of Section 5.1, 10% in aggregate principal amount of all Securities then Outstanding, or --------- * This language to any suit instituted by any 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 or any date fixed for redemption. ARTICLE SIXbe included if debt securities are guaranteed.

Right of Court to Require Filing of Undertaking to Pay Costs. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, all All parties to this Indenture agree, and each Holder of any Security or Coupon 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 (except the Trustee) 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' 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 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series then Outstandingseries, or, in the case of any suit relating to or arising under clause (d) or (g) of Section 5.1 (if the suit relates to Securities of more than one but less than all series), l010% in aggregate principal amount of Securities then Outstanding and affected thereby, or in the case of any suit relating to or arising under clause (d) or (g) (if the suit under clause (d) or (g) relates to all the Securities then Outstanding), clause (e) or (f) of Section 5.1, 10% in aggregate principal amount of all Securities then Outstanding, or to any suit instituted by any 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 or any date fixed for redemption. ARTICLE SIX

Right of Court to Require Filing of Undertaking to Pay Costs. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, all All parties to this Indenture agree, and each Holder of any Security or Coupon and each Holder of any Coupon, by his acceptance thereof 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 Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series then Outstandingseries, or, in the case of any suit relating to or arising under clause (d) or (g) of Section 5.1 (if the suit relates to Securities of more than one but less than all series), l010% in aggregate principal amount of Securities then Outstanding and affected thereby, or in the case of any suit relating to or arising under clause (d) or (g) (if the suit under clause (d) or (g) relates to all the Securities then Outstanding), clause (e), (f) or (fg) of Section 5.1, 10% in aggregate principal amount of all Securities then Outstanding, or to any suit instituted by any 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 or any date fixed for redemption. ARTICLE SIXSecurity.

Right of Court to Require Filing of Undertaking to Pay Costs. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, all All parties to this Indenture agree, and each Holder of any Security or and each Holder of any Coupon 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 the Securities of any series 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, 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 TrusteeTrustee for the 72 62 Securities of any series, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series then Outstanding, Outstanding or, in the case of any suit relating to or arising under clause (d) or (gi) of Section 5.1 7.1 (if the suit relates to Securities of more than one but less than all series), l010% in aggregate principal amount of Securities then Outstanding and affected therebythereby or, or in the case of any suit relating to or arising under clause (d) or ), (gi) (if the suit under clause (d) or (gi) relates to all the Securities then Outstanding), clause (e), (f) or (fg) of Section 5.17.1, 10% in aggregate principal amount of all Securities then Outstanding, Outstanding or to any suit instituted by any Securityholder Holder of Securities or Coupons for the enforcement of the payment of the principal of of, premium, if any, or interest interest, if any, on any Security or Coupon on or after the due date expressed in such Security or any date fixed for redemption. ARTICLE SIXCoupon.