Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 72 contracts
Samples: Indenture (Inspire Veterinary Partners, Inc.), Indenture (RDE, Inc.), Indenture (Ispire Technology Inc.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 46 contracts
Samples: Indenture (Michigan Consolidated Gas Co /Mi/), Indenture (NSP Financing Ii), Indenture (Kimberly Clark Corp)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 46 contracts
Samples: Indenture (Rc2 Corp), Standex International Corp/De/, Imperial Eagle Shipping LLC
Undertaking for Costs. All parties to this Indenture The Company and the Trustee agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Outstanding Securities of any Seriesall series in respect of which such suit may be brought, considered as one class, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest premium, if any, or interest, if any, on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 40 contracts
Samples: Indenture (Entergy Arkansas Inc), Entergy Mississippi Inc, Indenture (Arkansas Power & Light Co)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Maturity of such Security, including the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 32 contracts
Samples: Indenture (Precision Biosciences Inc), Indenture (AgroFresh Solutions, Inc.), Indenture (Harmony Biosciences Holdings, Inc.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder of any Security for the enforcement of the payment of the principal of of, premium, if any, or interest on any Security on or after the respective Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemptionredemption or repurchase, on or after the redemption date)Redemption Date or Repurchase Date, as the case may be) or for the enforcement of the right to convert any Security in accordance with Article XII.
Appears in 20 contracts
Samples: Indenture (Analog Devices Inc), Indenture (Affiliated Computer Services Inc), Indenture (Advanced Energy Industries Inc)
Undertaking for Costs. All parties Each party to this Indenture agreeagrees, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 18 contracts
Samples: Indenture (Tiptree Inc.), Indenture (Tiptree Inc.), Senior Indenture (Affiliated Managers Group, Inc.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Note by his such Holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to (i) any suit instituted by the Trustee, to (ii) any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, in each case holding in the aggregate more than 10% in principal amount of the outstanding Securities Outstanding Amount of any Series, the Notes or to (iii) any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of or interest on any Security Note on or after the Stated Maturity or Stated Maturities respective due dates expressed in such Security Note and in this Indenture (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 16 contracts
Samples: Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Receivables Corp 2)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on on, or any Additional Amounts with respect to, any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 15 contracts
Samples: Satisfaction And (Midcoast Energy Resources Inc), Indenture (Veritas DGC Inc), Indenture (Key Energy Services Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any, on) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 15 contracts
Samples: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)
Undertaking for Costs. All parties to this Indenture The Company and the Trustee agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable reason- able attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Outstanding Securities of any Seriesall series in respect of which such suit may be brought, considered as one class, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest premium, if any, or interest, if any, on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 13 contracts
Samples: Montana Power Capital I, Texas Utilities Co /Tx/, Mp&l Capital I
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Note by his such Holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to (i) any suit instituted by the Trustee, to (ii) any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, in each case holding in the aggregate more than 10% in principal amount of the outstanding Securities Outstanding Amount of any Seriesthe Notes (or, in the case of a right or to remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Outstanding Amount of the Notes of the Controlling Class) or (iii) any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of or interest on any Security Note on or after the Stated Maturity or Stated Maturities respective due dates expressed in such Security Note and in this Indenture (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 12 contracts
Samples: Indenture (WFS Financial 2004-4 Owner Trust), Indenture (WFS Financial 2005-3 Owner Trust), Indenture (WFS Receivables Corp 3)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 6.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 11 contracts
Samples: Gray Communications Systems Inc /Ga/, Kramont Realty Trust, Celgene Corp /De/
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Notes by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesNotes, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security Notes on or after the Stated Maturity or of the Notes, including the Stated Maturities Maturity expressed in such Security the Notes (or, in the case of redemption, on the redemption date).
Appears in 11 contracts
Samples: Supplemental Indenture (American Airlines, Inc.), Indenture (Global Crossing Airlines Group Inc.), Indenture (American Airlines, Inc.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Debt Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit other than the Trustee of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; , but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Debt Securities of any Seriesseries, or to any suit instituted by any Holder of a Debt Security for the enforcement of the payment of the principal of (or premium, if any) or interest on any such Debt Security on or after the respective Stated Maturity or Stated Maturities expressed in such Debt Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 11 contracts
Samples: Genesee & Wyoming Inc, Scotts Company, Tesoro Alaska Co
Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Security a Unit, by his its acceptance thereof of such Unit shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Agent for any action taken, suffered or omitted by it as TrusteeAgent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteeAgent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Units, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest distributions on any Security Notes on any Purchase Contract on or after the Stated Maturity respective Payment Date therefor in respect of any Unit held by such Holder, or Stated Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contract constituting part of any Unit held by such Security (or, in the case of redemption, on the redemption date)Holder.
Appears in 11 contracts
Samples: Purchase Contract Agreement (Ameren Corp), Purchase Contract Agreement (National Fuel Gas Co), Purchase Contract Agreement (Motorola Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% ten percent in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or premium, if any, or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 11 contracts
Samples: Indenture (Interline Brands, Inc./De), Indenture (Regent Broadcasting Midwest Inc), Indenture (Regent Broadcasting Midwest Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security or coupon by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder of any Security or coupon for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security or the payment of any coupon on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 10 contracts
Samples: Indenture (Nipsco Industries Inc), Indenture (Nipsco Industries Inc), Indenture (New Nisource Inc)
Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Security a Purchase Contract, by his its acceptance thereof of such Purchase Contract shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Purchase Contract Agent for any action taken, suffered or omitted by it as TrusteePurchase Contract Agent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, fees and costs against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section shall not apply to any suit instituted by (a) the CompanyPurchase Contract Agent, to any suit instituted by the Trustee, to any suit instituted by (b) any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Purchase Contracts, or to any suit instituted by (c) any Holder for the enforcement of the payment right to receive shares of Common Stock or other Exchange Property issuable upon settlement of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in Purchase Contracts held by such Security (or, in the case of redemption, on the redemption date)Holder.
Appears in 10 contracts
Samples: Purchase Contract Agreement (BrightSpring Health Services, Inc.), Purchase Contract Agreement (BrightSpring Health Services, Inc.), Purchase Contract Agreement (Brookdale Senior Living Inc.)
Undertaking for Costs. All parties Each party to this Indenture agreeagrees, and each Holder of any Security Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any court may require a party litigant in such suit of to file an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities Outstanding Notes of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security Note on or after the Stated Maturity or Stated Maturities expressed in such Security Note (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 9 contracts
Samples: Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 9 contracts
Samples: Indenture (First Guaranty Bancshares, Inc.), Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit suit, other than the Trustee, of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, including the Trustee, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted Trustee or by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder of any Security for the enforcement of the payment of the principal of (and premium, if any) or interest on or any Additional Amounts in respect of any Security on or after the respective Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption date)Redemption Date) or interest on any overdue principal of any Security.
Appears in 8 contracts
Samples: Indenture (Yum Brands Inc), And (Yum Brands Inc), UAG Chantilly AU, LLC
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 1025% in principal amount of the outstanding Outstanding Securities of any Series, series or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 8 contracts
Samples: Indenture (Pitney Bowes Credit Corp), Indenture (Masco Corp /De/), Indenture (Masco Corp /De/)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Senior Note by his or her acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than ten percent (10% %) in aggregate principal amount of the outstanding Securities of any SeriesOutstanding Senior Notes, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest premium, if any, on any Security on or the Senior Note after the Stated Maturity or Stated Maturities expressed in such Security any interest (or, in the case of redemption, including any Additional Interest) on the redemption date)any Senior Note after it is due and payable.
Appears in 8 contracts
Samples: Indenture (Anthracite Capital Inc), Indenture (Comstock Homebuilding Companies, Inc.), Indenture (Anthracite Capital Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Note by his such Holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to (a) any suit instituted by the Trustee, to (b) any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, in each case holding in the aggregate more than 10% in principal amount of the outstanding Securities Outstanding Amount of any Series, the Notes or to (c) any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of or interest on any Security Note on or after the Stated Maturity or Stated Maturities respective due dates expressed in such Security Note and in this Indenture (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 8 contracts
Samples: Indenture (Money Store Commercial Mortgage Inc), FCC Receivables Corp, Money Store Home Equity Corp
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% ten percent in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or premium, if any, or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 8 contracts
Samples: Indenture (Interline Brands, Inc./De), Indenture (Interline Brands, Inc./De), Indenture (Interline Brands, Inc./De)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to for the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 8 contracts
Samples: Modine Manufacturing Co, Modine Manufacturing Co, Cellular Dynamics International, Inc.
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).. ARTICLE SIX
Appears in 8 contracts
Samples: Indenture (Oge Energy Capital Trust Ii), Indenture (Solutia Inc), Indenture (Oge Energy Capital Trust I)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, Holders holding in the aggregate more than 1025% in aggregate principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium including the Make-Whole Premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption date).
Appears in 7 contracts
Samples: Indenture (Transocean Ltd.), Receivables Pledge Agreement (Transocean Ltd.), Account Pledge Agreement (Transocean Ltd.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security Securities on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date). This Section 514 shall be in lieu of Section 315(e) of the TIA and such Section 315(e) is hereby expressly excluded from this Indenture, as permitted by the TIA.
Appears in 7 contracts
Samples: Xl Capital LTD, Delphi Financial Group Inc/De, Xl Capital LTD
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 6.14 shall not apply to any suit instituted by the CompanyIssuers, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Maturity of such Security, including the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 7 contracts
Samples: Sunoco, LLC, Landmark Infrastructure Finance Corp., Form of Indenture (LD Acquisition Co 7 LLC)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption dateRedemption Date).
Appears in 7 contracts
Samples: Pledge and Security Agreement (HMH Properties Inc), Indenture (Host Marriott Trust), CNL American Properties Fund Inc
Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Security a Unit, by his its acceptance thereof of such Unit shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Purchase Contract Agent for any action taken, suffered or omitted by it as TrusteePurchase Contract Agent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, ' fees and costs against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteePurchase Contract Agent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Units, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security Senior Notes or Contract Adjustment Payments on or after the Stated Maturity respective Payment Date therefor in respect of any Unit held by such Holder, or Stated Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contracts constituting part of any Unit held by such Security (or, in the case of redemption, on the redemption date)Holder.
Appears in 7 contracts
Samples: Purchase Contract Agreement (Hartford Financial Services Group Inc/De), Purchase Contract Agreement (Hartford Financial Services Group Inc/De), Purchase Contract Agreement (Albertsons Inc /De/)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption date).
Appears in 7 contracts
Samples: Indenture (Mattel Inc /De/), SFX Broadcasting (SFX Broadcasting Inc), Indenture (SFX Broadcasting Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit other than the Trustee of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; , but the provisions of this Section 6.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Notes, or to any suit instituted by any Holder of a Note for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security such Note on or after the respective Stated Maturity or Stated Maturities expressed in such Security Note (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 6 contracts
Samples: Scotts Miracle-Gro Co, Scotts Miracle-Gro Co, Scotts Miracle-Gro Co
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Outstanding Securities of any Seriesall series in respect of which such suit may be brought, considered as one class, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or interest premium, if any) or interest, if any, on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date, or, in the case of repayment at the option of the Holder, on or after the Repayment Date).
Appears in 6 contracts
Samples: Indenture (Core Molding Technologies Inc), Indenture (Core Molding Technologies Inc), Indenture (Fox Factory Holding Corp)
Undertaking for Costs. All parties to this Indenture The Company and the Trustee agree, and each Holder of any Security Bonds by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than ten percent (10% %) in aggregate principal amount of the outstanding Securities of any SeriesBonds then Outstanding, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest premium, if any, or interest, if any, on any Security Bond on or after the Stated Maturity or Stated Maturities expressed in such Security Bond (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 6 contracts
Samples: Indenture of Mortgage (PG&E Corp), Indenture of Mortgage (PG&E Corp), Indenture of Mortgage (PG&E Corp)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 5 contracts
Samples: Emagin Corp, Emagin Corp, Mimecast LTD
Undertaking for Costs. All parties to this Indenture agree, and each Holder Holder, by acceptance of any Security by his acceptance thereof a Security, shall be deemed to have agreed, that any court may in its discretion requireagreed that, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, any court may, in its discretion, require the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 515 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate Securities representing more than 10% in of the aggregate principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal any installment of or interest on any Security on or after the Stated Maturity or Stated Maturities thereof expressed in such Security (or, in or for the case enforcement of redemption, on the redemption date).payment of the principal of such Security at the Stated Maturity therefore. ARTICLE SIX
Appears in 5 contracts
Samples: Indenture (Ovintiv Inc.), Encana Corp, Encana Corp
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Maturity of such Security, including the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 5 contracts
Samples: Indenture (Iip-Co 3 LLC), Indenture (Phillips Edison & Company, Inc.), NLCP Operating Partnership Lp
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or interest premium, if any) or interest, if any, on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).. ARTICLE SIX
Appears in 5 contracts
Samples: Public Service Co of Colorado, Public Service Co of Colorado, Public Service Co of Colorado
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder of Securities or coupons for the enforcement of the payment of the principal of of, premium, if any, or interest on any Security or payment of any coupon on or after the Stated Maturity or respective Stated Maturities expressed in such Security or coupon (or, in the case of redemptionredemption or repayment, on or after the redemption dateRedemption Date or Repayment Date).
Appears in 5 contracts
Samples: Indenture (Collins & Aikman Corp), Indenture (Waste Connections Inc/De), Indenture (Banc One Corp /Oh/)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted to be taken by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities of any SeriesNotes, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, or premium (if any) or interest on on, any Security Note on or after the Stated respective Maturity or Stated Maturities Date expressed in such Security Note (orincluding, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 5 contracts
Samples: Indenture (Transamerican Refining Corp), Indenture (MDC Holdings Inc), Indenture (Transtexas Gas Corp)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Maturity of such Security, including the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 5 contracts
Samples: Indenture (Zentalis Pharmaceuticals, Inc.), Indenture (PKST Op, L.P.), Tigo Energy, Inc.
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Debt Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Debt Securities of any Seriessuch series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debt Security on or after the Stated Maturity or Stated Maturities expressed in such Debt Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 5 contracts
Samples: Provident Capital Trust Iv, American Financial Capital Trust I, Provident Capital Trust Iv
Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any a Security, by its acceptance of such Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Purchase Contract Agent for any action taken, suffered or omitted by it as TrusteePurchase Contract Agent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, ' fees and costs against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteePurchase Contract Agent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security Notes or Purchase Contract Payments on or after the Stated Maturity respective Payment Date therefor in respect of any Security held by such Holder, or Stated Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contracts constituting part of any Security held by such Security (or, in the case of redemption, on the redemption date)Holder.
Appears in 5 contracts
Samples: Purchase Contract Agreement (Sempra Energy), Purchase Contract Agreement (Black Hills Corp /Sd/), Purchase Contract Agreement (Williams Companies Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, Issuer to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 5 contracts
Samples: Celanese Americas LLC, ___________________________ Indenture (CalAmp Corp.), Indenture (Celanese Global Relocation LLC)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit suit, other than the Trustee, of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, including the Trustee, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted Trustee or by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder of any Security for the enforcement of the payment of the principal of (and premium, if any) or interest on or any Additional Amounts in respect of any Security on or after the respective Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption date)Redemption Date) or interest on any overdue principal of any Security.
Appears in 5 contracts
Samples: Gatx Financial Corp, Gatx Financial Corp, Gatx Corp
Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Security a Unit, by his its acceptance thereof of such Unit shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Agent for any action taken, suffered or omitted by it as TrusteeAgent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteeAgent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest distributions on any Security Capital Securities on any Purchase Contract on or after the Stated Maturity respective Payment Date therefor in respect of any Unit held by such Holder, or Stated Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contract constituting part of any Unit held by such Security (or, in the case of redemption, on the redemption date)Holder.
Appears in 5 contracts
Samples: Purchase Contract Agreement (Prudential Financial Inc), Purchase Contract Agreement (Metlife Capital Trust I), Remarketing Agreement (Metlife Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10[ ]% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 5 contracts
Samples: Global Ship Lease, Inc., Global Ship Lease, Inc., Global Ship Lease, Inc.
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 1025% in principal amount of the outstanding Outstanding Securities of any Series, series or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 4 contracts
Samples: Reconciliation And (Masco Corp /De/), Masco Corp /De/, Masco Corp /De/
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 1025% in aggregate principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, or premium (if any) or interest on on, any Security on or after the Stated Maturity or respective Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 4 contracts
Samples: Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Note by his such Holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to (a) any suit instituted by the Trustee, to (b) any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, in each case holding in the aggregate more than 10% in principal amount of the outstanding Securities Outstanding Amount of any Series, the Notes or to (c) any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of or interest on any Security Note on or after the Stated Maturity or Stated Maturities respective due dates expressed in such Security Note and in this Indenture (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 4 contracts
Samples: Indenture (Green Tree Lease Finance 1997-1 LLC), Indenture (Green Tree Financial Corp), Indenture (Green Tree Financial Corp)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder of any Security for the enforcement of the payment of the principal of of, premium, if any, or interest on any Security on or after the respective Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemptionredemption or repurchase, on or after the redemption date)Redemption Date or Repurchase Date, as the case may be) or for the enforcement of the right to convert any Security in accordance with Article XII.
Appears in 4 contracts
Samples: Medarex Inc, Connetics Corp, Teradyne Inc
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesSecurities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 4 contracts
Samples: Indenture (Genta Inc De/), Indenture (Genta Inc De/), Indenture (Genta Inc De/)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the . The provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, premium (if any) or interest on or any Additional Amounts with respect to any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 4 contracts
Samples: Brigham Holdings Ii LLC, Brigham Holdings Ii LLC, Petrohawk Energy Corp
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10[ ]% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 4 contracts
Samples: Paragon Shipping Inc., Paragon Shipping Inc., Ocean Faith Owners Inc.
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, Holders holding in the aggregate more than 1025% in aggregate principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption date).
Appears in 4 contracts
Samples: Supplemental Indenture (Transocean Ltd.), Supplemental Indenture (Transocean Ltd.), Supplemental Indenture (Transocean Ltd.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 1025% in principal amount of the outstanding Outstanding Securities of any Series, series or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 4 contracts
Samples: Indenture (Masco Corp /De/), Masco Corp /De/, R H Donnelley Corp
Undertaking for Costs. All parties Parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than ten percent (10% %) in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any the Security on or after the Stated Maturity or Stated Maturities expressed in such Security applicable due date therefor provided pursuant to the Program (or, in the case of redemption, on or after, the redemption dateRedemption Date).
Appears in 4 contracts
Samples: Indenture (Vault Holding 1, LLC), Indenture (Vault Holding 1, LLC), Indenture (Vault Holding 1, LLC)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Class A Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any HolderHolder of Class A Notes, or group of HoldersHolders of Class A Notes, holding in the aggregate more than 10% in principal amount of the outstanding Securities Aggregate Outstanding Amount of any Seriesthe Controlling Class, or to any suit instituted by any Holder of Class A Notes for the enforcement of the payment of the principal of or interest on any Security Class A Note on or after the Stated Maturity or Stated Maturities expressed in such Security Class A Note (or, in the case of redemption, on or after the redemption dateapplicable Redemption Date).
Appears in 4 contracts
Samples: Indenture (FS Investment Corp II), Indenture (FS Investment CORP), FS Investment Corp II
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on on, or any Additional Amounts with respect to, any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Samples: Indenture (TechnipFMC PLC), Indenture (FMC Technologies Inc), Indenture (FMC Technologies Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Companyan Issuer, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 3 contracts
Samples: Omnicom Group Inc, Omnicom Group Inc, Omnicom Group Inc
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder of any Security for the enforcement of the payment of the principal of of, premium, if any, or interest on any Security on or after the respective Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemptionredemption or repurchase, on or after the redemption date)Redemption Date, Repurchase Date or Purchase Date, as the case may be) or for the enforcement of the right to convert any Security in accordance with Article XII.
Appears in 3 contracts
Samples: Tia Indenture (Solectron Corp), Hewitt Associates Inc, Solectron Corp
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the CompanyCompany or any Guarantor, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on on, or any Additional Amounts with respect to, any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Samples: Indenture (Key Energy Services Inc), Key Energy Services Inc, Key Energy Services Inc
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any, on) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Samples: Indenture (Carnival PLC), Carnival PLC, Indenture (Carnival PLC)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, or premium, if any, or interest on or any Additional Amounts with respect to any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Samples: Indenture (Innovative Valve Technologies Inc), American Residential Services Inc, American Residential Services Inc
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 514 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security Securities on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date). This Section 514 shall be in lieu of Section 315(e) of the Trust Indenture Act and such Section 315(e) is hereby expressly excluded from this Indenture, as permitted by the Trust Indenture Act.
Appears in 3 contracts
Samples: Indenture (Nelnet Inc), Indenture (Nelnet Inc), Nelnet Inc
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any, on) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Samples: Indenture (Carnival Corp), Indenture (Carnival Corp), Carnival Corp
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees' fees at trial and on appeal, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).. ARTICLE SIX
Appears in 3 contracts
Samples: Indenture (PHH Corp), PHH Corp, PHH Corp
Undertaking for Costs. All parties to this the Indenture agree, and each Holder Holder, by such Holder’s acceptance of any Security by his acceptance thereof a Security, shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this the Indenture, or in any suit against the Trustee for any action taken, suffered taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 6.16 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities of any Seriesthen Outstanding, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, accrued and unpaid interest, if any, on, or interest on Fundamental Change Purchase Price for, any Security on or after the Stated Maturity due date expressed or Stated Maturities expressed in such Security (or, provided for in the case Indenture or to any suit for the enforcement of redemption, on the redemption date)right to exchange any Security in accordance with the provisions of Article 4 hereof.
Appears in 3 contracts
Samples: Supplemental Indenture (PennyMac Mortgage Investment Trust), PennyMac Mortgage Investment Trust, First Supplemental Indenture (PennyMac Mortgage Investment Trust)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Obligation by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the CompanyTrustee, to any suit instituted by the Trustee, to any suit instituted United States of America (or its agencies or instrumentalities) or by any Holder, or group of Holders, holding in the aggregate more than ten percent (10% %) in principal amount of the outstanding Securities of any SeriesOutstanding Obligations, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security Obligation on or after the Stated Maturity or respective Stated Maturities expressed in such Security Obligation (or, in the case of redemptionredemption or acceleration, on or after the redemption dateRedemption Date or date of acceleration).
Appears in 3 contracts
Samples: Indenture (Old Dominion Electric Cooperative), Indenture (Old Dominion Electric Cooperative), Indenture (Old Dominion Electric Cooperative)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount Original Principal Amount of the outstanding Securities of any SeriesSecurities, or to any suit instituted by any Holder for the enforcement pursuant to Section 4.08. This Section 4.14 shall be in lieu of Section 315(e) of the payment of TIA and such Section 315(e) is hereby expressly excluded from this Indenture, as permitted by the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date)TIA.
Appears in 3 contracts
Samples: Indenture (American Express Co), Indenture (American Express Co), Wells Fargo & Co/Mn
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Notes by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesNotes, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security Notes on or after the Stated Maturity or Stated Maturities expressed in such Security Note (or, in the case of redemption, on the redemption date).
Appears in 3 contracts
Samples: Harrahs Entertainment Inc, Harrahs Entertainment Inc, Harrahs Operating Co Inc
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall will be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall will not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 3 contracts
Samples: Indenture (Metropcs Communications Inc), Indenture (MetroPCS Finance, Inc.), Indenture (MetroPCS Finance, Inc.)
Undertaking for Costs. All parties to this Indenture The Company and the Trustee agree, and each Holder of any Security Securities by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than ten percentum (10% %) in aggregate principal amount of the outstanding Securities of any Seriesthen Outstanding, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest premium, if any, or interest, if any, on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Samples: First Mortgage Indenture (Allegheny Energy, Inc), Nevada Power Co, Nevada Power Co
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest interest, if any, on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Samples: Indenture (Thaxton Group Inc), Thaxton Group Inc, Thaxton Group Inc
Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Security Unit by his acceptance thereof of the Unit Certificate evidencing such Unit shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Unit Agent for any action taken, suffered or omitted by it as TrusteeUnit Agent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteeUnit Agent, to any suit instituted by any HolderHolder of Units, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities number of any SeriesOutstanding Units, or to any suit instituted by any Holder of Units for the enforcement of the payment payments due in respect of the principal of Pledged Securities or interest Contract Fees on any Security Purchase Contracts underlying such Units on or after the Stated Maturity respective due dates therefor, or Stated Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contracts constituting a part of such Security (or, in the case of redemption, on the redemption date)Units.
Appears in 3 contracts
Samples: Master Unit Agreement (Monsanto Co), Master Unit Agreement (Amerus Life Holdings Inc), Master Unit Agreement (Monsanto Co)
Undertaking for Costs. All parties to this Indenture Unit Agreement agree, and each Holder of any Security a Unit, by his its acceptance thereof of such Unit shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureUnit Agreement, or in any suit against the Trustee Unit Agent for any action taken, suffered or omitted by it as TrusteeUnit Agent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteeUnit Agent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Units, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest distributions on any Security Preferred Securities on or after the Stated Maturity respective Payment Date therefor in respect of any Unit held by such Holder, or Stated Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Warrants constituting part of any Unit held by such Security (or, in the case of redemption, on the redemption date)Holder.
Appears in 3 contracts
Samples: Unit Agreement (New York Community Bancorp Inc), Unit Agreement (New York Community Capital Trust I), Unit Agreement (New York Community Bancorp Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the CompanyIssuers, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security Securities on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date). This Section 514 shall be in lieu of Section 315(e) of the Trust Indenture Act and such Section 315(e) is hereby expressly excluded from this Indenture, as permitted by the Trust Indenture Act.
Appears in 3 contracts
Samples: Indenture (Mediacom Capital Corp), Mediacom Capital Corp, Mediacom Capital Corp
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Securities by his acceptance thereof of such Securities shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered suffered, or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesattorney’s fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security Securities on or after the Stated Maturity or Stated Maturities expressed in such Security Securities (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Samples: Indenture (Valley National Bancorp), Valley National Bancorp, Valley National Bancorp
Undertaking for Costs. All parties Each party to this Indenture agreeagrees, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Samples: Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Atlas Air Worldwide Holdings Inc), Atlas Air Worldwide Holdings Inc
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Debenture by his such Holder’s acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in of the principal amount of the outstanding Securities of any SeriesOutstanding Debentures, or to any suit instituted by any Holder of any Debenture for the enforcement of the payment (i) payments pursuant to Section 4.7, (ii) repurchase rights in accordance with Article 11 or (iii) conversion rights in accordance with Article 12. This Section 4.14 shall be in lieu of Section 315(e) of the principal of or interest on any Security on or after TIA and such Section 315(e) is hereby expressly excluded from this Indenture, as permitted by the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date)TIA.
Appears in 3 contracts
Samples: Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc), Apogent Technologies Inc
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or interest premium, if any, on) or interest, if any, on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).. ARTICLE SIX
Appears in 3 contracts
Samples: Ford Motor Co, Ford Motor Co Capital Trust I, Ford Motor Co Capital Trust I
Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Security a Unit, by his its acceptance thereof of such Unit shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Agent for any action taken, suffered or omitted by it as TrusteeAgent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteeAgent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Units, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest distributions on any Security Notes or Contract Adjustment Payments, if any, on any Purchase Contract on or after the Stated Maturity respective Payment Date therefor in respect of any Unit held by such Holder, or Stated Maturities expressed in for enforcement of the right to purchase Common Shares under the Purchase Contract constituting part of any Unit held by such Security (or, in the case of redemption, on the redemption date)Holder.
Appears in 3 contracts
Samples: Purchase Contract Agreement (Platinum Underwriters Holdings LTD), Purchase Contract Agreement (Platinum Underwriters Holdings LTD), Purchase Contract Agreement (Platinum Underwriters Holdings LTD)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to for the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, holding in the aggregate more than 10% in the principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Samples: Meta Financial Group Inc, Finjan Holdings, Inc., Meta Financial Group Inc
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Note by his such Holder’s acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to (a) any suit instituted by the Trustee, to (b) any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, in each case holding in the aggregate more than 10% in principal amount of the outstanding Securities Outstanding Amount of any Series, the Notes or to (c) any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of or interest on any Security Note on or after the Stated Maturity or Stated Maturities respective due dates expressed in such Security Note and in this Indenture (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Samples: Note Depository Agreement (Franklin Auto Trust 2004-2), Note Depository Agreement (Franklin Receivables Auto Trust 2003-1), Note Depository Agreement (Franklin Auto Trust 2003-2)
Undertaking for Costs. All parties Each party to this Indenture agreeagrees, and each Holder of any Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Samples: Supplemental Indenture (LPL Holdings, Inc.), Indenture (LPL Holdings Inc), LPL Financial Holdings Inc.
Undertaking for Costs. All parties to this Indenture agree, and each Holder Holder, by such Holder’s acceptance of any Security by his acceptance thereof a Security, shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 6.16 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities of any Seriesthen Outstanding, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, accrued and unpaid interest, if any, on, or interest on Fundamental Change Purchase Price for, any Security on or after the Stated Maturity due date expressed or Stated Maturities expressed provided for in such this Indenture or to any suit for the enforcement of the right to convert any Security (or, in accordance with the case provisions of redemption, on the redemption date)Article 4 hereof.
Appears in 3 contracts
Samples: Mfa Financial (Mfa Financial, Inc.), Supplemental Indenture (Granite Point Mortgage Trust Inc.), Granite Point Mortgage Trust Inc.
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the right to receive payment of the principal of (or premium if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption date)Redemption Date) or to convert or exchange any Security.
Appears in 3 contracts
Samples: Citizens Utilities Capital L P, Citizens Utilities Capital L P, Citizens Utilities Capital L P
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be he deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted to be taken by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ attorneys fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 6.13 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10100% in aggregate principal amount of the outstanding Securities of any SeriesSecurities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, or premium (if any) or interest on on, any Security on or after the Stated Maturity or Stated Maturities Date expressed in such Security (orincluding, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Samples: Price Communications Corp, Montgomery Cellular Telephone Co Inc, Price Communications Corp
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Samples: Indenture (Peter Kiewit Sons Inc /De/), Kiewit Materials Co, Peter Kiewit Sons Inc /De/
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee Trust for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or respective Stated Maturities expressed in such Security (or, in the case of redemptionredemption or repurchase, on or after the redemption dateRedemption Date or the Repurchase Date).
Appears in 2 contracts
Undertaking for Costs. All parties to this Indenture agree, and each Holder holder of any Security Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit other than the Trustee of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; , but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, holder or group of Holders, holders holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Notes, or to any suit instituted by any Holder holder of a Note for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security such Note on or after the respective Stated Maturity or Stated Maturities expressed in such Security Note (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 2 contracts
Samples: Indenture (MGM Mirage), Indenture (MGM Mirage)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% ten percent in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (premium, if any, or, in the case of redemption, on the redemption date).
Appears in 2 contracts
Samples: Emmis Television License Corp of Topeka, Emmis Television License Corp of Topeka
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted to be taken by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities of any SeriesSecurities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, or premium (if any) or interest on on, any Security on or after the Stated respective Maturity or Stated Maturities Date expressed in such Security (orincluding, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 2 contracts
Samples: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 514 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security Securities on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date). This Section 514 shall be in lieu of Section 315(e) of the Trust Indenture Act and such Section 315(e) is hereby expressly excluded from this Indenture, as permitted by the Trust Indenture Act.
Appears in 2 contracts
Samples: Arch Capital (Arch Capital Group Ltd.), Arch Capital Group (Arch Capital Group Ltd.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureIndenture or any Collateral Document, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities Aggregate Outstanding Amount of any SeriesSecurities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or respective Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption dateor after any Redemption Date).
Appears in 2 contracts
Samples: Senior Secured Note Indenture (SLM International Inc /De), Execution (SLM International Inc /De)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesNotes, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security Note on or after the Maturity of such Note, including the Stated Maturity or Stated Maturities expressed in such Security Note (or, in the case of redemption, on the redemption date). ARTICLE VII.
Appears in 2 contracts
Samples: Allegiant Travel CO, Allegiant Travel CO
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Note by his such Holder’s acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.15 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Notes, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security Note on or after the Stated Maturity or respective Stated Maturities expressed in such Security Note (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 2 contracts
Samples: Indenture (Wheeler Real Estate Investment Trust, Inc.), Wheeler Real Estate Investment Trust, Inc.
