Common use of Undertaking for Costs Clause in Contracts

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding Notes.

Appears in 102 contracts

Samples: Indenture (Davita Inc.), Indenture (Sensata Technologies Holding PLC), Indenture (Ryman Hospitality Properties, Inc.)

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Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.076.07 hereof, or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the then outstanding Notes.

Appears in 92 contracts

Samples: Indenture (Sabre Corp), Indenture (Patrick Industries Inc), Indenture

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 6.14 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.076.07 hereof, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 71 contracts

Samples: Indenture (Magnolia Oil & Gas Corp), Indenture (Crescent Energy Co), Indenture (Alliant Energy Corp)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 6.14 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.076.07 hereof, or a suit by a Holder or Holders of more than 1010.0% in principal amount of the then outstanding Notes.

Appears in 70 contracts

Samples: Indenture (Life Time Group Holdings, Inc.), Indenture (Hilton Worldwide Holdings Inc.), Indenture (Hilton Grand Vacations Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 Article VI does not apply to a suit by the Trustee, a suit by a Holder holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders holders of more than 10% in principal amount of the outstanding Notes.

Appears in 48 contracts

Samples: Indenture (Garrett Motion Inc.), Indenture (Rackspace Technology, Inc.), Indenture (Talos Energy Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding Notes.

Appears in 46 contracts

Samples: Supplemental Indenture (Kronos Worldwide Inc), Indenture (Kronos Worldwide Inc), Indenture (Tenneco Inc)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.076.07 hereof, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 41 contracts

Samples: Indenture (Spanish Broadcasting System Inc), Indenture (Dominos Inc), Indenture (Dominos Pizza Government Services Division Inc)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by the Issuer, a suit by a Holder pursuant to Section 6.07, 6.7 or a suit by a Holder or Holders of more than 10% in outstanding principal amount of the outstanding Notes.

Appears in 38 contracts

Samples: Indenture (Surgery Partners, Inc.), Indenture (Nexstar Media Group, Inc.), Indenture (CPG Newco LLC)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 6.14 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 36 contracts

Samples: Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.), Indenture (SS&C Technologies Holdings Inc)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by the Issuers, a suit by a Holder pursuant to Section 6.07, 6.7 or a suit by a Holder or Holders of more than 10% in outstanding principal amount of the outstanding Notes.

Appears in 31 contracts

Samples: Indenture (Ladder Capital Corp), Indenture (Restaurant Brands International Limited Partnership), Indenture (Trinseo S.A.)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% ten percent in principal amount of the then outstanding Notes.

Appears in 28 contracts

Samples: Indenture (Vital Energy, Inc.), Indenture (Vital Energy, Inc.), Indenture (Laredo Petroleum, Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding Notes.

Appears in 27 contracts

Samples: Indenture (Blackstone Mortgage Trust, Inc.), Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders holders of more than 10% in principal amount of the outstanding Notes.

Appears in 24 contracts

Samples: Indenture (Caesars Entertainment, Inc.), Indenture (Caesars Entertainment, Inc.), Indenture (Forward Air Corp)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding NotesSecurities of that series.

Appears in 23 contracts

Samples: Indenture (China Pharma Holdings, Inc.), Indenture (Reborn Coffee, Inc.), Indenture (ProMIS Neurosciences Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 6.12 does not apply to a suit by the Trustee, a suit by a Holder Noteholder pursuant to Section 6.07, 6.08 or a suit by a Holder or Holders Noteholders of more than 10% in principal amount of the outstanding NotesNotes then outstanding.

Appears in 22 contracts

Samples: Indenture (Vail Resorts Inc), Indenture (Cooper-Standard Holdings Inc.), Indenture (Cooper-Standard Holdings Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by the Company, a suit by a Holder pursuant to Section 6.07, 6.07 hereof or a suit by a Holder or Holders of more than 10% in outstanding principal amount of the outstanding Notes.

Appears in 22 contracts

Samples: Indenture (Bungeltd), Indenture (Bungeltd), Indenture (Bunge Limited Finance Corp)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.07 hereof or a suit by a Holder or Holders of more than 10% in principal amount of the then-outstanding Notes.

Appears in 22 contracts

Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 7.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.077.07, or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding Notes.

Appears in 19 contracts

Samples: Indenture (JBS Holding Luxembourg S.A R.L.), Indenture (JBS Holding Luxembourg S.A R.L.), Indenture (JBS Holding Luxembourg S.A R.L.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 6.15 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.076.10, or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding Notes.

Appears in 19 contracts

Samples: Indenture (Smurfit WestRock PLC), Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Vantiv, Inc.)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 19 contracts

Samples: Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Holdings, Inc.), Indenture (Cinemark Usa Inc /Tx)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by the Issuer, a suit by a Holder pursuant to Section 6.07, 6.7 or a suit by a Holder or Holders of more than 1020.0% in outstanding aggregate principal amount of the outstanding Notes.

Appears in 18 contracts

Samples: Indenture (CPI Card Group Inc.), Indenture (Frontier Communications Parent, Inc.), Indenture (Frontier Communications Parent, Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit other than the Trustee of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expensesfees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or group of Holders of more than ten percent (10% %) in aggregate principal amount of the outstanding NotesSecurities.

Appears in 18 contracts

Samples: Investment Agreement (Viavi Solutions Inc.), Investment Agreement (Global Payments Inc), Indenture (Azz Inc)

Undertaking for Costs. 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 or omitted by it as the Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable properly incurred attorneys’ fees and expensesfees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the TrusteeTrustee or a Paying Agent, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding NotesNotes then outstanding.

Appears in 18 contracts

Samples: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.076.07 hereof, or a suit by a Holder or Holders of more than 10% ten percent in principal amount of the then outstanding Notes.

Appears in 17 contracts

Samples: Indenture (Geo Group Inc), Indenture (Geo Group Inc), Indenture

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 6.12 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.08 or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding NotesNotes then outstanding.

Appears in 17 contracts

Samples: Indenture (Meritage Homes CORP), Indenture (Ingevity Corp), Indenture (Sears Holdings Corp)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by the Company, a suit by a Holder pursuant to Section 6.07, 6.7 or a suit by a Holder or Holders of more than 10% in outstanding principal amount of the outstanding Notes.

Appears in 17 contracts

Samples: Indenture (F&G Annuities & Life, Inc.), Indenture (FedNat Holding Co), Indenture (Palomar Holdings, Inc.)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.076.07 hereof, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 17 contracts

Samples: Indenture (Sba Communications Corp), Indenture (Windstream Services, LLC), Indenture (Windstream Services, LLC)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 6.12 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.076.07 hereof, or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the then outstanding Notes.

Appears in 16 contracts

Samples: Indenture (Ingram Micro Holding Corp), Indenture (AMC Networks Inc.), Indenture (Adient PLC)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ attorney’s fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 5.15 does not apply to a suit by the Trustee, a suit by a Holder pursuant relating to Section 6.07right to payment hereof, or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding then Outstanding Notes.

Appears in 16 contracts

Samples: Indenture (Mr. Cooper Group Inc.), Indenture (PennyMac Financial Services, Inc.), Indenture (Mr. Cooper Group Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by an Issuer, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding NotesSecurities then outstanding.

Appears in 15 contracts

Samples: Indenture (Albertsons Companies, Inc.), Indenture, Indenture (Southeastern Grocers, Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.7 or a suit by a Holder or Holders of more than 10% in outstanding principal amount of the outstanding NotesSecurities.

Appears in 15 contracts

Samples: Indenture (Trinity Industries Inc), Indenture (Gibraltar Industries, Inc.), Indenture (Libbey Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Supplemental Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.076.07 hereof, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 14 contracts

Samples: Supplemental Indenture (BALL Corp), Fifteenth Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 8.11 does not apply to a suit made by the Trustee, a suit by a Holder pursuant to Section 6.078.7, or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding NotesSecurities then outstanding.

Appears in 14 contracts

Samples: Indenture (St Mary Land & Exploration Co), Indenture (Rf Micro Devices Inc), Indenture (Chippac Inc)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.7 or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the outstanding Notes.

Appears in 14 contracts

Samples: Indenture (Expedia Group, Inc.), Indenture (Expedia Group, Inc.), Indenture (Expedia Group, Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding Notes.

Appears in 13 contracts

Samples: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, expenses against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.076.07 hereof, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 13 contracts

Samples: Indenture (Apparel Holding Corp.), Indenture (Apparel Holding Corp.), Indenture (Atlas Pipeline Partners Lp)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing filing, by any party litigant in the suit suit, of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding NotesSecurities of any Series.

Appears in 13 contracts

Samples: Agency Agreement (Booking Holdings Inc.), Agency Agreement (Booking Holdings Inc.), Agency Agreement (Booking Holdings Inc.)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.076.06, or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the outstanding then Outstanding Notes.

Appears in 13 contracts

Samples: Indenture (Lyondell Chemical Nederland LTD), Indenture (Lyondell Chemical Nederland LTD), Indenture (Equistar Funding Corp)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.076.06 hereof, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 12 contracts

Samples: Indenture (Gannett Co., Inc.), Indenture (Arconic Corp), Indenture (Arconic Rolled Products Corp)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by the Company, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders of more than 10% in outstanding principal amount of the outstanding Notes.

Appears in 12 contracts

Samples: Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs Inc.)

Undertaking for Costs. 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 or omitted by it as the Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.076.7, or a suit by a Holder or Holders of more than 1010.0% in principal amount of the then outstanding Notes.

Appears in 12 contracts

Samples: Indenture (Group 1 Automotive Inc), Indenture (MasterBrand, Inc.), Indenture (Acushnet Holdings Corp.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 12 contracts

Samples: Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Royalty LLC)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by the Company, a suit by a Holder pursuant to Section 6.07, 6.7 or a suit by a Holder or Holders of more than 1010.0% in outstanding principal amount of the outstanding Notes.

Appears in 12 contracts

Samples: Indenture (Wayfair Inc.), Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by the Company, a suit by a Holder pursuant to Section 6.07, 6.7 or a suit by a Holder or Holders of more than 10% in outstanding principal amount of the outstanding NotesSecurities of any series.

Appears in 12 contracts

Samples: Indenture (Keurig Dr Pepper Inc.), Indenture (Dr Pepper/Seven Up Beverage Sales Co), Indenture (Gw Pharmaceuticals PLC)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding NotesSecurities.

Appears in 11 contracts

Samples: Indenture (LEM America, Inc), Indenture (Moore Labels Inc), Indenture (Global Crossing LTD)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the outstanding Notes.

Appears in 11 contracts

Samples: Fifth Supplemental Indenture (Southwest Gas Corp), Fourth Supplemental Indenture (Southwest Gas Corp), Third Supplemental Indenture (Southwest Gas Corp)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 11 contracts

Samples: Indenture (Charter Communications Holdings LLC), Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Holdings Capital Corp)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the any Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Security pursuant to Section 6.076.07 hereof, or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the then outstanding NotesSecurities of any Series.

Appears in 11 contracts

Samples: Indenture (Vantage Drilling CO), Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.076.07 hereof, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding NotesNotes of any Series.

Appears in 10 contracts

Samples: Indenture (Vse Corp), Indenture (Genco Shipping & Trading LTD), Indenture (Bunge Global SA)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.076.07 hereof, or a suit by a Holder Holders or group of Holders of more than 10% in principal amount of the then outstanding NotesNotes of any Series.

Appears in 10 contracts

Samples: Indenture (Nerdwallet, Inc.), Indenture (Nerdwallet, Inc.), Indenture (Cineverse Corp.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by the Issuer, a suit by a Holder pursuant to Section 6.07, 6.7 or a suit by a Holder or Holders of more than 1010.0% in outstanding aggregate principal amount of the outstanding Notes.

Appears in 10 contracts

Samples: Indenture (Carvana Co.), Indenture (Carvana Co.), Indenture (Carvana Co.)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.076.7 hereof, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 10 contracts

Samples: Indenture (American Woodmark Corp), Indenture (VWR Corp), Indenture (Nuveen Investments Holdings, Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 ‎Section 7.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07‎Section 7.07, or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding Notes.

Appears in 10 contracts

Samples: Indenture (JBS S.A.), Indenture (JBS S.A.), Indenture (JBS Holding Luxembourg S.A R.L.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes, or to any suit initiated by any Holder for the enforcement of the payment of any principal of or interest on any Note, on or after its maturity date.

Appears in 10 contracts

Samples: Indenture (Encore Capital Group Inc), Indenture (Encore Capital Group Inc), Indenture (Encore Capital Group Inc)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing filing, by any party litigant in the suit suit, of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding NotesSecurities of any Series.

Appears in 10 contracts

Samples: Indenture (Healthpeak OP, LLC), Indenture (PLBY Group, Inc.), Indenture (Xilinx Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee or the Collateral Agent for any action taken or omitted by it as Trusteeit, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the TrusteeTrustee or the Collateral Agent, a suit by the Issuer, a suit by a Holder pursuant to Section 6.07, 6.7 or a suit by a Holder or Holders of more than 10% in outstanding principal amount of the outstanding Notes.

Appears in 10 contracts

Samples: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.076.06 hereof, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding NotesNotes of a series.

Appears in 10 contracts

Samples: Subordinated Indenture (Aptiv Corp), Senior Indenture (Aptiv Corp), Subordinated Indenture (Aptiv Corp)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, the Company or a suit by a Holder or Holders of more than 10% in outstanding principal amount of the outstanding Notes.

Appears in 9 contracts

Samples: Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding NotesNotes of any series.

Appears in 9 contracts

Samples: Indenture (Cco Holdings Capital Corp), Indenture (Wyndham Worldwide Corp), Indenture (Wyndham Hotels & Resorts, Inc.)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 6.14 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 9 contracts

Samples: Indenture (Baldwin Insurance Group, Inc.), Indenture (Healthequity, Inc.), Indenture (LPL Financial Holdings Inc.)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.076.7, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 9 contracts

Samples: Indenture (BlueLinx Holdings Inc.), Indenture (Ryerson Holding Corp), Indenture (Ryerson Holding Corp)

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Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.076.07 hereof, or a suit by a Holder or Holders of more than 1010.0% in aggregate principal amount of the then outstanding Notes.

Appears in 9 contracts

Samples: Indenture (Xenia Hotels & Resorts, Inc.), Indenture (Pebblebrook Hotel Trust), Indenture (RLJ Lodging Trust)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ attorney’s fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does The foregoing shall not apply to a suit by the Trustee, a suit by a Holder holder pursuant to Section 6.076.07 hereof, or a suit by a Holder Holders or Holders of more than 10% in aggregate principal amount of the then outstanding Notes.

Appears in 8 contracts

Samples: Indenture (Esterline Technologies Corp), Indenture (Landrys Restaurants Inc), Indenture (Esterline Technologies Corp)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.076.07 hereof, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes, or to any suit initiated by any Holder for the enforcement of the payment of any principal of or interest on any Note, on or after its maturity date.

Appears in 8 contracts

Samples: Indenture (Encore Capital Group Inc), Indenture (Encore Capital Group Inc), Indenture (Encore Capital Group Inc)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the outstanding NotesNotes of a series.

Appears in 8 contracts

Samples: Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing filing, by any party litigant in the suit suit, of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 8 contracts

Samples: Indenture (O Reilly Automotive Inc), Indenture (O'Reilly II Aviation Corp), Indenture (O Reilly Automotive Inc)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding NotesSecurities then outstanding.

Appears in 8 contracts

Samples: Indenture (CLARIVATE PLC), Indenture (Gates Global Inc.), Indenture (Gates Engineering & Services FZCO)

Undertaking for Costs. 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 or omitted by it as the Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.076.7, or a suit by a Holder or Holders of more than 1010.0% in principal amount of the then-outstanding Notes.

Appears in 8 contracts

Samples: Indenture (PROG Holdings, Inc.), Indenture (Vertiv Holdings Co), Indenture (Switch, Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 6.15 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.076.10 (Rights of Holders to Receive Payment), or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding Notes.

Appears in 8 contracts

Samples: Indenture (Central European Distribution Corp), Indenture (Central European Distribution Corp), Indenture (Latchey LTD)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.07 hereof or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding NotesNotes then outstanding.

Appears in 8 contracts

Samples: Indenture (Bread Financial Holdings, Inc.), Indenture (Alliance Data Systems Corp), Indenture (Alliance Data Systems Corp)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expensesfees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding Notes.

Appears in 8 contracts

Samples: Indenture (Exelon Generation Co LLC), Indenture (Midamerican Energy Holdings Co /New/), Indenture (Sappi LTD)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% ten percent in principal amount of the then outstanding Notes.

Appears in 8 contracts

Samples: Indenture (Kinetik Holdings Inc.), Indenture (Kinetik Holdings Inc.), Indenture (SM Energy Co)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.07, 6.06 hereof or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 8 contracts

Samples: Second Supplemental Indenture (Lear Corp), First Supplemental Indenture (Lear Corp), Third Supplemental Indenture (Lear Corp)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 Article VI does not apply to a suit by the Trustee, a suit by a Holder holder pursuant to Section 6.07, 6.06 or a suit by a Holder or Holders holders of more than 10% in principal amount of the outstanding Notes.

Appears in 7 contracts

Samples: Indenture (Trimas Corp), Indenture (Enpro Industries, Inc), Indenture (TopBuild Corp)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs cost of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.076.07 hereof, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 7 contracts

Samples: Indenture (Tesoro Alaska Co), Indenture (Ocean Energy Inc), Indenture (Victory Finance Inc)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.076.06, or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the outstanding then Outstanding Notes.

Appears in 7 contracts

Samples: Indenture (Lyondell Refining LP, LLC), Indenture (Lyondell Chemical Co), Indenture (Lyondell Chemical Co)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the such suit of to file an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 6.14 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the then outstanding Notes.

Appears in 7 contracts

Samples: Indenture (Block, Inc.), Indenture (Square, Inc.), Indenture (Square, Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, in either case in respect to the Securities of any series, a court in its discretion may require the filing by any party litigant in the such suit of to file an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expensesfees, against any party litigant in the suit, suit having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 6.12 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.076.06, a suit instituted by the Trustee or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding NotesSecurities of such series.

Appears in 7 contracts

Samples: Indenture (Savyon Trust Group,inc), Indenture (Td Ameritrade Holding Corp), Indenture (TD AMERITRADE Online Holdings Corp.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, Sections 6.06 and 6.07 or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding Notes.

Appears in 7 contracts

Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding NotesSecurities of any series.

Appears in 7 contracts

Samples: Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc), Indenture (Orgenesis Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 6.12 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.08 hereof or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the then outstanding Notes.

Appears in 7 contracts

Samples: First Supplemental Indenture (Par Technology Corp), Indenture (Protalix BioTherapeutics, Inc.), Indenture (Par Technology Corp)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section SECTION 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07the Company, or a suit by a Holder pursuant to SECTION 6.7 or a suit by Holders of more than 10% in outstanding principal amount of the outstanding Notes.

Appears in 7 contracts

Samples: Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding NotesSecurities.

Appears in 7 contracts

Samples: Purchase Agreement (Vivus Inc), Indenture (Vivus Inc), Indenture (Sorrento Therapeutics, Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by the Company, a suit by a Holder pursuant to Section 6.07, 6.7 or a suit by a Holder or Holders of more than 10% in outstanding principal amount of the outstanding NotesSecurities.

Appears in 7 contracts

Samples: Indenture (Pico Holdings Inc /New), Indenture (UCP, Inc.), Indenture (Brunswick Corp)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the then outstanding Notes.

Appears in 6 contracts

Samples: Indenture (Herbalife Ltd.), Indenture (Herbalife Nutrition Ltd.), Indenture (Emergent BioSolutions Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does shall not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding Notes.

Appears in 6 contracts

Samples: Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.), Indenture (Navios South American Logistics Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding Notes.

Appears in 6 contracts

Samples: Indenture (Stone Energy Corp), Indenture (Owens-Illinois Group Inc), Indenture (Owens Illinois Inc /De/)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by the Company, a suit by a Holder pursuant to Section 6.076.07 hereof, or a suit by a Holder or Holders of more than 1010.0% in principal amount of the then outstanding Notes.

Appears in 6 contracts

Samples: Indenture (Mci Inc), Indenture (Mci Inc), Indenture (Digex Inc/De)

Undertaking for Costs. 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 or omitted by it as Trusteea trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding NotesSecurities of any series.

Appears in 6 contracts

Samples: Indenture (Patterson Uti Energy Inc), Indenture (Patterson Uti Energy Inc), Indenture (EQM Midstream Partners, LP)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Issuer, a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.7 or a suit by a Holder or Holders of more than 1010.0% in aggregate principal amount of the then outstanding Notes.

Appears in 6 contracts

Samples: Indenture (Alcoa Corp), Indenture (Alcoa Corp), Indenture (Alcoa Corp)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding Notes.

Appears in 6 contracts

Samples: Indenture (Kronos Worldwide Inc), Indenture (Williams Scotsman of Canada Inc), Indenture (General Communication Inc)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 6.15 does not apply to a suit by the Trustee, a suit by a Holder holder of the Notes pursuant to Section 6.076.10, or a suit by a Holder holder or Holders holders of more than 10% in principal amount of the outstanding Notes.

Appears in 6 contracts

Samples: Indenture (Central European Media Enterprises LTD), Indenture (Central European Media Enterprises N.V.), Indenture (CME Media Enterprises B.V.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing filing, by any party litigant in the suit suit, of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding Notesthen Outstanding Notes of any Series.

Appears in 5 contracts

Samples: Indenture (Glatfelter Corp), Indenture (Vista Outdoor Inc.), Indenture (Vista Outdoor Inc.)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.07, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 5 contracts

Samples: Indenture (Taylor Morrison Home Corp), Indenture (Everi Holdings Inc.), Indenture (Ferrellgas Partners Finance Corp)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 5.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.075.7, or a suit by a Holder or Holders of more than 10% in principal amount of the outstanding Notes.

Appears in 5 contracts

Samples: Ninth Supplemental Indenture (Sabra Health Care REIT, Inc.), Eighth Supplemental Indenture (Sabra Health Care REIT, Inc.), First Supplemental Indenture (CareTrust REIT, Inc.)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 6.12 does not apply to a suit by the Trustee, a suit by a Holder Noteholder pursuant to Section 6.07, 6.08 or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the outstanding Notes.

Appears in 5 contracts

Samples: Indenture (Crown Holdings, Inc.), Indenture (Crown Holdings, Inc.), Indenture (Crown Holdings Inc)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 7.11 does not apply to a suit made by the Trustee, a suit by a Holder pursuant to Section 6.077.07, or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the outstanding NotesSecurities then outstanding.

Appears in 5 contracts

Samples: Indenture (Adc Telecommunications Inc), Indenture (Komag Inc /De/), Indenture (Adc Telecommunications Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this the Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, expenses against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 7.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.077.07 hereof, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 5 contracts

Samples: Fifteenth Supplemental Indenture (Markwest Energy Partners L P), Thirteenth Supplemental Indenture (Markwest Energy Partners L P), Tenth Supplemental Indenture (Markwest Energy Partners L P)

Undertaking for Costs. 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 or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.07, 6.07 or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the outstanding NotesSecurities.

Appears in 5 contracts

Samples: Indenture Agreement (PJC Manchester Realty LLC), Indenture (PJC Manchester Realty LLC), Indenture (Rite Aid Corp)

Undertaking for Costs. 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 or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Security pursuant to Section 6.076.07 hereof, or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the then outstanding NotesSecurities of any Series.

Appears in 5 contracts

Samples: Indenture (Equinix Europe 2 Financing Corp LLC), Indenture (SMART Global Holdings, Inc.), Indenture (Equinix Inc)

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