Common use of Undertaking for Costs Clause in Contracts

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities by his acceptance 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, 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 attorney’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 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 Securities on or after the Stated Maturity or Maturities expressed in such Securities (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Subordinated Notes by his acceptance of such Securities shall Subordinated Notes 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 attorney’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 4.13 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 seriesOutstanding Subordinated Notes, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premiuminterest, if any) or interest , on any Securities Subordinated Notes on or after the Stated Maturity or Maturities expressed in such Securities Subordinated Notes (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security, by his such Holder’s acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suitaction, suit or proceeding, 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 7.08 shall not apply to any action, suit instituted by the Company, to any suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any Holder, one or group more Holders of Holders, Securities holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder of Securities of any series for the enforcement of the payment of the principal of (or of, premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities by his acceptance of such Securities shall be deemed to have agreed, that any court may in its discretion require, in 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 a court may require any 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 attorney’s fees and expenses, 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, in the manner and to the extent provided in the Trust Indenture Act; but the provisions of provided that neither this Section 5.14 nor the Trust Indenture Act shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any HolderHolders of the Securities, or group of HoldersHolders of the Securities, holding in the aggregate more than 10% in of principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder of the Outstanding Securities for the enforcement of the payment of the principal of (or premium, if any) any premium or interest on any Outstanding Securities on or after the Stated Maturity or Maturities expressed in held by such Securities (or, in the case of redemptionHolder, on or after the Redemption Date)respective Stated Maturities expressed in such Outstanding Securities, and provided, further, that neither this Section nor the Trust Indenture Act shall be deemed to authorize any court to require such an undertaking or to make such an assessment in any suit instituted by the Company or the Trustee or, if applicable, in any suit for the enforcement of the right to convert any Security in accordance with Article XIV.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security, by his such Holder’s acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suitaction, suit or proceeding, 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 7.08 shall not apply to any action, suit instituted by the Company, to any suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any Holder, one or group more Holders of Holders, Securities holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder of Securities of any series for the enforcement of the payment of the principal of (or premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security of any series by his acceptance of such Securities 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 with respect to the Security of that series, or in any suit against the Trustee for any action taken, suffered, suffered or omitted to be taken by it as TrusteeTrustee with respect to that series, 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 attorney’s attorneys’ 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 8.13 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 the Security of that series, or group of HoldersHolders of the Security of that series, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities Outstanding Security of any that series, or to any suit instituted by any Holder of that series for the enforcement of the payment of the principal of of, or premium (or premium, if any) ), or interest on on, any Securities Security of that series on or after the Stated respective Maturity or Maturities Date expressed in such Securities Security (orincluding, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Recovery Bond by his such Holder’s acceptance of such Securities 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 Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture 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 attorney’s fees and expensesattorneys’ 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 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any Holder, or group of Holders, in each case holding in the aggregate more than ten (10% in principal amount ) percent of the outstanding Securities Outstanding Amount of any series, the Recovery Bonds or to (c) any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if anyi) or interest on any Securities Recovery Bond on or after the Stated Maturity or Maturities due dates expressed in such Securities Recovery Bond and in this Indenture or (orii) the unpaid principal, in the case if any, of redemption, any Recovery Bond on or after the Redemption Date)Final Maturity Date therefor.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ 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 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 Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Debt Security or any Coupon by his acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys' 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, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Debt Securities of any series, or to any suit instituted by any Holder of a Debt Security or Coupon for the enforcement of the payment of the principal of (or premium, if any) or interest on such Debt Security or the payment of any Securities Coupon on or after the respective Stated Maturity or Maturities expressed in such Securities Debt Security or Coupon (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Subordinated Debt Securities Indenture agree, and each Holder of any Securities Subordinated Debt Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Subordinated Debt Securities 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 to 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 attorney’s attorneys’ 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, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Subordinated Debt Securities of any 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 interest, if any, on any Securities Subordinated Debt Security on or after the respective Stated Maturity or Maturities expressed in such Securities Subordinated Debt Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Recovery Bond by his such Xxxxxx’s acceptance of such Securities 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 Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture 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 attorney’s fees and expensesattorneys’ 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 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any Holder, or group of Holders, in each case holding in the aggregate more than ten (10% in principal amount ) percent of the outstanding Securities Outstanding Amount of any series, the Recovery Bonds or to (c) any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if anyi) or interest on any Securities Recovery Bond on or after the Stated Maturity or Maturities due dates expressed in such Securities Recovery Bond and in this Indenture or (orii) the unpaid principal, in the case if any, of redemption, any Recovery Bond on or after the Redemption Date)Final Maturity Date therefor.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Debt Security by his acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys' 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, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Debt Securities of any series, 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 Securities such Debt Security on or after the respective Stated Maturity or Maturities expressed in such Securities Debt Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his or her acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for the Securities of any series for any action taken, suffered, 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 attorney’s attorneys’ 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 Trustee for the Securities of any suit instituted by the Trusteeseries, 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 series, 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 interest, if any, on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities a Security by his acceptance of such Securities 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, 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 attorney’s attorneys’ 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 litigantlitigant in the manner and to the extent provided in the Trust Indenture Act; but the provisions of provided that neither this Section 5.14 nor the Trust Indenture Act shall not apply be deemed to authorize any court to require such an undertaking or to make such an assessment in any suit instituted by the Company, to any suit instituted Company or 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 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 Securities Security on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security or coupon by his acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys' 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 series, 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 Securities Security or the payment of any coupon on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Bond and each Beneficial Owner of any interest therein by his acceptance of such Securities Holder's or Beneficial Owner's accexxxxxx 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 Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture 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 attorney’s fees and expensesattorneys' 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 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any HolderBondholder, or group of HoldersBondholders, in each case holding in the aggregate more than 10% in principal amount of the outstanding Securities Bond Principal Balances of any series, the Bonds or to (c) any suit instituted by any Holder Bondholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Bond on or after the Stated Maturity or Maturities respective due dates expressed in such Securities (or, Bond and in the case of redemption, on or after the Redemption Date)this Indenture.

Undertaking for Costs. All parties to this Indenture The Company, the Guarantor and the Trustee agree, and each Holder of any Securities by his acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys' 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 CompanyCompany or the 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 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 premium, if any) , or interest interest, if any, on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Securitized Utility Tariff Bond by his such Holder’s acceptance of such Securities 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 Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture 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 attorney’s fees and expensesattorneys’ 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 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any Holder, or group of Holders, in each case holding in the aggregate more than ten (10% in principal amount ) percent of the outstanding Securities Outstanding Amount of any series, the Securitized Utility Tariff Bonds or to (c) any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if anyi) or interest on any Securities Securitized Utility Tariff Bond on or after the Stated Maturity or Maturities due dates expressed in such Securities Securitized Utility Tariff Bond and in this Indenture or (orii) the unpaid principal, in the case if any, of redemption, any Securitized Utility Tariff Bond on or after the Redemption Date)Final Maturity Date therefor.

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities a Unit, by his its acceptance of such Securities 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, 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 attorney’s attorneys’ 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 provided, that the provisions of this Section 5.14 6.5 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 premium, if any) any Contract Adjustment Payments or interest on any Securities Debentures owed pursuant to such Holder’s Applicable Ownership Interests in Debentures on or after the Stated Maturity respective Payment Date therefor (subject to Section 5.3) in respect of any Unit held by such Holder, or Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contracts comprising part of any Unit held by such Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his such Holder's acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys' 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 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 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 Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties Each party to this Indenture agreeagrees, and each Holder of any Securities Security by his such Hxxxxx’s acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys’ 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 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 Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security, by his such Xxxxxx’s acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suitaction, suit or proceeding, 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 7.08 shall not apply to any action, suit instituted by the Company, to any suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any Holder, one or group more Holders of Holders, Securities holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder of Securities of any series for the enforcement of the payment of the principal of (or premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities Certificate by his such Holder's acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit Proceeding for the enforcement of any right or remedy under this IndentureAgreement, or in any suit Proceeding against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant in such suit Proceeding of an undertaking to pay the costs of such suit, Proceeding and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys, fees, against any party litigant in such suitProceeding, 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 5.13 shall not apply to to: (a) any suit instituted by the Company, to any suit Proceeding instituted by the Trustee, to ; (b) any suit Proceeding instituted by any Holder, or group of Holders, in each case holding in the aggregate Outstanding Certificates representing more than 10% in principal amount of the outstanding Securities of Voting Rights; or (c) any series, or to any suit Proceeding instituted by any Holder for the enforcement of the payment of the principal of (Principal or premium, if any) or interest on any Securities Interest on or after the Stated Maturity or Maturities respective due dates expressed in such Securities Certificate and in this Agreement (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, --------------------- and each Holder of any Securities Security by his such Holder's acceptance of such Securities 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 any undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, 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 for the enforcement of the payment of the principal of (or premiumpremium or Make-Whole Amount, if any, on) or interest or Additional Amounts, if any, on any Securities Security on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, 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 attorney’s attorneys’ 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 for the enforcement of the payment of the principal of (or premium, premium if any, on) or interest on any Securities on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemptionredemption or repayment, on or after the Redemption Date or Repayment Date, as the case may be).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Noteholder by his its acceptance of such Securities 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 Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture 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 attorney’s fees and expensesattorneys’ 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 5.14 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any HolderNoteholder, or group of HoldersNoteholders (in compliance with Section 5.07), in each case holding in the aggregate more than 10% in of the aggregate unpaid principal amount of the outstanding Securities of any seriesall Outstanding Notes, or to (c) any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Note on or after the Stated Maturity or Maturities expressed in date on which any of such Securities amounts was due pursuant to the terms of such Note (or, in the case of redemption, on or after the applicable Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security, by his such Holder’s acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suitaction, suit or proceeding, 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 7.8 shall not apply to any action, suit instituted by the Company, to any suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any Holder, one or group more Holders of Holders, Securities holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder of Securities of any series for the enforcement of the payment of the principal of (or premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, Indenture or in any suit against the Trustee for the Securities of any series 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 attorney’s attorneys’ 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 5.14 514 shall not apply to any suit instituted by the Company, to Trustee for the Securities of any suit instituted by the Trusteeseries, 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 series, particular series or to any suit instituted by any Holder of any Security for the enforcement of the payment of the principal of (or premium, if any) or interest interest, if any, on any Securities Security of such series on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, suffered or omitted to be taken 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 attorney’s attorneys' 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 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 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 (or premium, if any) or interest on on, any Securities Security on or after the Stated respective Maturity or Maturities Date expressed in such Securities Security (orincluding, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Bond and each Beneficial Owner of any interest therein by his such Xxxxxx's or Beneficial Owner's acceptance of such Securities 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 Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture 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 attorney’s fees and expensesattorneys' 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 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any HolderBondholder, or group of HoldersBondholders, in each case holding in the aggregate more than 10% in principal amount of the outstanding Securities Bond Principal Balances of any series, the Bonds or to (c) any suit instituted by any Holder Bondholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Bond on or after the Stated Maturity or Maturities respective due dates expressed in such Securities (or, Bond and in the case of redemption, on or after the Redemption Date)this Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities a Security and/or Coupon by his acceptance of such Securities 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, 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 attorney’s attorneys’ 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 Outstanding Securities of any 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, if any, on any Security or the payment of interest on any Securities Coupon on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities Corporate Units or Treasury Units, by his its acceptance of such Securities Corporate Units or Treasury Units 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, 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 attorney’s fees and expensesattorneys' 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 5.14 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 (interest on any Senior Notes or premiumContract Adjustment Payments, if any) or interest , on any Securities Purchase Contract on or after the Stated Maturity respective Payment Date therefor in respect of any Security held by such Holder, or 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 Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Bond by his such Xxxxxx's acceptance of such Securities 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 Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture 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 attorney’s fees and expensesattorneys' 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 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any HolderBondholder, or group of HoldersBondholders, in each case holding in the aggregate more than 10% in principal amount of the outstanding Securities Bond Principal Balances of any series, the Bonds or to (c) any suit instituted by any Holder Bondholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Bond on or after the Stated Maturity or Maturities respective due dates expressed in such Securities (or, Bond and in the case of redemption, on or after the Redemption Date)this Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Note by his acceptance of such Securities 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, suffered or omitted to be taken 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 attorney’s attorneys' 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 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 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 (or premiumLiquidated Damages, if any) or interest on on, any Securities Note on or after the Stated respective Maturity or Maturities Date expressed in such Securities Note (orincluding, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, 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 attorney’s fees and expensesattorneys' fees, against any party litigant in such suitsuit in the manner and to the extent provided in the Trust Indenture Act, 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 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 Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date); provided that neither this Section nor the Trust Indenture Act shall be deemed to authorize any court to require such an undertaking or to make such an assessment in any suit instituted by the Company.

Undertaking for Costs. All parties Each party to this Indenture agreeagrees, and each Holder of any Securities Security by his such Xxxxxx’s acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys’ 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 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 Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, 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 attorney’s attorneys' 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 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 10% in aggregate principal amount of the then outstanding Securities of any seriesSecurities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, premium (or premium, if any) or ), interest on or Liquidated Damages with respect to, any Securities Security on or after the respective Stated Maturity or Maturities expressed in of such Securities Security (orincluding, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities Income PRIDES or Growth PRIDES, by his its acceptance of such Securities Income PRIDES or Growth PRIDES 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, 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 attorney’s fees and expensesattorneys' 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 5.14 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 premium, if any) or interest on any Debt Securities or Contract Adjustment Payments on any Purchase Contract on or after the Stated Maturity respective Payment Date therefor in respect of any Security held by such Holder, or 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 Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities by his acceptance 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, 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 attorney’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 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 Securities on or after the Stated Maturity or Maturities expressed in such Securities (or, in the case of redemptionredemption or mandatory repurchase, on or after the Redemption DateDate or mandatory repurchase date, as applicable).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Debt Security by his acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys’ 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, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Debt Securities of any series, 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 Securities such Debt Security on or after the respective Stated Maturity or Maturities expressed in such Securities Debt Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' 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 (1) 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 1025% in principal amount of the outstanding Outstanding Securities of any 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 Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder holder of any Securities Security by his acceptance of such Securities 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, suffered or omitted by it as Trustee, the filing by any 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 attorney’s fees and expensesattorneys' fees, against any such party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant, in the manner and to the extent provided in the Trust Indenture Act; but the provisions of provided, that neither this Section 5.14 nor the Trust Indenture Act shall not apply be deemed to authorize any court to require such an undertaking or to make such an assessment in any suit instituted by the Company, to any suit instituted Company or 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 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 Securities Security on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Bond by his acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys' 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 HolderBondholder, or group of HoldersBondholders, holding in the aggregate Bonds representing more than 10% in principal amount of the outstanding Securities Aggregate Current Principal Amount of any seriesthe Outstanding Bonds, or to any suit instituted by any Holder Bondholder for the enforcement of the payment of the principal any installment of (or premium, if any) or interest on any Securities Bond on or after the Stated Maturity or Maturities related Interest Payment Date expressed in such Securities Bond or for the enforcement of the payment of principal on such Bond (or, in the case of any Bond called for redemption, on or after the Redemption Date)applicable redemption date) in accordance with the terms thereof.

Undertaking for Costs. All parties to this Bond Indenture agree, and each Holder of any Securities Bond by his such Holder’s acceptance of such Securities 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 Bond Indenture, or in any suit against the Bond Trustee for any action taken, suffered, suffered or omitted by it as Bond 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 discretion, subject to applicable law, assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ 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 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Bond Trustee, to (b) any suit instituted by any HolderBondholder, or group of HoldersBondholders, in each case holding in the aggregate more than 10% in principal amount 10 percent of the outstanding Securities Outstanding Amount of any series, the Bonds or to (c) any suit instituted by any Holder Bondholder for the enforcement of the payment of the principal of (or premium, if anyi) or interest on any Securities Bond on or after the Stated Maturity or Maturities due dates expressed in such Securities Bond and in this Bond Indenture or (orii) the unpaid principal, in the case if any, of redemption, any Bond on or after the Redemption Date)Final Maturity Date therefor.

Undertaking for Costs. All parties to this Indenture agree, and each Holder holder of any Securities Debt Security by his acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys' 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, holder or group of Holders, holders holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Debt Securities of any series, or to any suit instituted by any Holder holder of a Debt Security for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities such Debt Security on or after the respective Stated Maturity or Maturities expressed in such Securities Debt Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Debt Security by his acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys’ 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, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Debt Securities of any series, 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 Securities such Debt Security on or after the respective Stated Maturity or Maturities expressed in such Securities Debt Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities Corporate Units or Treasury Units, by his its acceptance of such Securities Corporate Units or Treasury Units, 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, 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 attorney’s attorneys' 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 provided that the provisions of this Section 5.14 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 premium, if any) or interest payable on any Securities Senior Notes or Contract Adjustment Payments on any Purchase Contract on or after the Stated Maturity respective Payment Date therefor in respect of any Security held by such Holder, or 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 Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security, by his such Holder’s acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suitaction, suit or proceeding, 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 7.09 shall not apply to any action, suit instituted by the Company, to any suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any Holder, one or group more Holders of Holders, Securities holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder of Securities of any series for the enforcement of the payment of the principal of (or premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security, by his such Holder’s acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suitaction, suit or proceeding, 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 7.08 shall not apply to any action, suit or proceeding instituted by the Trustee or the Company, to any action, suit instituted by the Trustee, to any suit or proceeding instituted by any Holder, one or group more Holders of Holders, Securities holding in the aggregate more than 1025% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder of Securities of any series for the enforcement of the payment of the principal of (or premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his such Holder’s acceptance of such Securities 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, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ 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 aggregate principal amount of the outstanding Outstanding Securities of any 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 Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, 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 attorney’s attorneys’ 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 CompanyCompany or the 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 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 Securities on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date). This Section 5.14 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.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, 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 attorney’s attorneys' 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 6.13 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 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 (or premium, if any) or interest on (and Liquidated Damages, if any) on, any Securities Security on or after the Stated Maturity or Maturities expressed in Date of such Securities (or, in the case of redemption, on or after the Redemption Date)Security.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Debt Security by his acceptance of such Securities 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, 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 attorney’s attorneys’ 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, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Debt Securities of any series, 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 Securities such Debt Security on or after the respective Stated Maturity or Maturities expressed in such Securities Debt Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Debt Securities, by his acceptance of such Securities shall Debt Securities, 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 attorney’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 provided, however, that the provisions of this Section 5.14 shall 4.13 will not apply to to: (i) any suit instituted by the Company, to (ii) any suit instituted by the Trustee, to (iii) 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 Debt Securities, or to (iv) any suit instituted by any Holder for the enforcement of the payment of the principal of (or premiuminterest, if any) or interest , on any Debt Securities on or after the Stated Maturity or Maturities expressed in such Securities (or, in the case of redemption, on or after the Redemption Date)Debt Securities.

Undertaking for Costs. All parties to this Indenture Guarantee agree, and each Holder of any Securities by his acceptance thereof and by acceptance of such Securities the benefits hereof 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 IndentureGuarantee, or in any suit against the Security Trustee for any action taken, suffered, suffered or omitted by it as Security 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 attorney’s fees and expenseslawyers’ 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 (i) any suit instituted by the CompanyGuarantor, to (ii) any suit instituted by the Security Trustee, to (iii) any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 1025% in principal amount of the aggregate Liquidation Amount of all of the then outstanding Securities of any seriesGuaranteed Class A Preferred LP Units, or to (iv) any suit instituted in accordance with this Guarantee by any Holder Holders for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities on or after the Stated Maturity or Maturities expressed Guaranteed Class A Preferred LP Unit Obligations in such Securities (or, in the case of redemption, on or after the Redemption Date)compliance with this Guarantee.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities by his acceptance 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, 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 attorney’s attorneys’ 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 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 Securities on or after the Stated Maturity or Maturities expressed in such Securities (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities by his such Holder’s acceptance of such Securities 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, suffered or omitted by it as Trustee, the filing by a court may require any 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 attorney’s fees and expenses, 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, in the manner and to the extent provided in the Trust Indenture Act; but the provisions of provided that neither this Section 5.14 nor the Trust Indenture Act shall not apply be deemed to authorize any suit instituted by the Company, court to require such an undertaking or to make such an assessment in 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 series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) any premium or interest on any Securities Security on or after the Maturity of such Security, including the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date)) or in any suit for the enforcement of the right to convert any Security in accordance with its terms.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' 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 5.14 514 shall not apply to any suit instituted by the CompanyPartnership, 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 series, 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 any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Bond and each Beneficial Owner of any interest therein by his acceptance of such Securities Holder's or Beneficial Ownxx'x xcceptance 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 Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture 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 attorney’s fees and expensesattorneys' 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 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any HolderBondholder, or group of HoldersBondholders, in each case holding in the aggregate more than 10% in principal amount of the outstanding Securities Bond Principal Balances of any series, the Bonds or to (c) any suit instituted by any Holder Bondholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Bond on or after the Stated Maturity or Maturities respective due dates expressed in such Securities (or, Bond and in the case of redemption, on or after the Redemption Date)this Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' 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 but (1) 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 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 Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Bond and each Beneficial Owner of any interest therein by his acceptance of such Securities Holder's or Beneficial Owner's accepxxxxx 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 Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture 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 attorney’s fees and expensesattorneys' 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 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any HolderBondholder, or group of HoldersBondholders, in each case holding in the aggregate more than 10% in principal amount of the outstanding Securities Bond Principal Balances of any series, the Bonds or to (c) any suit instituted by any Holder Bondholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Bond on or after the Stated Maturity or Maturities respective due dates expressed in such Securities (or, Bond and in the case of redemption, on or after the Redemption Date)this Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ 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 (1) 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 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 Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Note by his such Holder’s acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys’ 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 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 aggregate principal amount of the outstanding Securities of any seriesNotes then Outstanding, or to any suit instituted by any Holder of any Note for the enforcement of the payment of the principal (including the Fundamental Change Purchase Price, if applicable) of (or premium, if any) , or interest on any Securities Note on or after the Stated Maturity or Maturities stated maturity expressed in such Securities Note (or, in the case of redemptionexercise of a repurchase right in connection with a Fundamental Change, on or after the Redemption Fundamental Change Purchase Date)) or for the enforcement of the right to convert any Note in accordance with Article 13.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security of any series by his acceptance of such Securities 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, suffered or omitted by it as TrusteeTrustee in respect of the Securities of such series, 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 attorney’s fees and expensesattorneys' 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 Company or 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 such series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or of, premium, if any) , or interest on any Securities Security on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Debenture or Coupon by his such Holder's acceptance of such Securities 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, 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 attorney’s attorneys' 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 Outstanding Debentures of any series, or to any suit instituted by any Holder of any Debenture or Coupon for the enforcement of the payment of the principal of (or premium, if any) any premium or interest on such Debenture or the payment of any Securities Coupon on or after the Stated Maturity or Maturities expressed in such Securities Debenture or Coupon (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security or Coupon by his acceptance of such Securities 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, 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 attorney’s attorneys' 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 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, of the Securities of any series holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities of any seriessuch series then Outstanding, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest (including interest evidenced by a Coupon) on any Securities Security on or after the Stated Maturity or Maturities respective due dates expressed in such Securities (Security or Coupon or, in the case of redemption, on or after the Redemption Date)date of redemption.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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 -55- 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 any undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, 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 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 1025% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premiumpremium or Make-Whole Amount, if any) or interest on and Additional Amounts, if any, payable in respect of any Securities Security on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security, by his such Hxxxxx’s acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suitaction, suit or proceeding, 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 7.08 shall not apply to any action, suit instituted by the Company, to any suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any Holder, one or group more Holders of Holders, Securities holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder of Securities of any series for the enforcement of the payment of the principal of (or premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture Guarantee agree, and each Holder of any Securities by his acceptance thereof and by acceptance of such Securities the benefits hereof 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 IndentureGuarantee, or in any suit against the Security Trustee for any action taken, suffered, suffered or omitted by it as Security 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 attorney’s fees and expenseslawyers’ 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 (i) any suit instituted by the CompanyGuarantor, to (ii) any suit instituted by the Security Trustee, to (iii) any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 1025% in principal amount of the aggregate Liquidation Amount of all of the then outstanding Securities of any seriesSenior Preferred Shares, or to (iv) any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities on or after the Stated Maturity or Maturities expressed Senior Preferred Share Obligations in such Securities (or, in the case of redemption, on or after the Redemption Date)compliance with this Guarantee.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Debt by his such Holder’s acceptance of thereof or such Securities Holder’s entry into the Loan Agreement, as applicable, 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 the Loan Agreement, as applicable, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Collateral Trustee for any action taken, suffered, or omitted by it as Collateral 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 attorney’s fees and expensesattorneys’ 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 5.15 shall not apply to any suit instituted by the Company, to any suit instituted by the Collateral 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 seriesthe Controlling Class, 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 Securities Secured Debt on or after the applicable Stated Maturity or Maturities expressed in such Securities (or, in the case of redemptionredemption which has resulted in an Event of Default, on or after the applicable Redemption Date).

Undertaking for Costs. All parties to this Indenture The Company and the Trustee agree, and each Holder of any Securities by his its acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys' 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, all in the manner, to the extent and except as provided in the Trust Indenture Act; 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 ten per centum (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 premium, if any) , or interest interest, if any, on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture The Company and the Trustee agree, and each Holder of any Securities by his or her acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys' 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, all in the manner, to the extent and except as otherwise provided in the Trust Indenture Act; 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 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 premium, if any) , or interest interest, if any, on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys' 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 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 10% in aggregate principal amount of the then outstanding Securities of any seriesSecurities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, premium (or premium, if any) ), or interest on on, any Securities Security on or after the respective Stated Maturity or Maturities expressed in of such Securities Security (orincluding, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, Indenture or in any suit against the Trustee for the Securities of any series 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 attorney’s attorneys' 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 5.14 514 shall not apply to any suit instituted by the Company, to Trustee for the Securities of any suit instituted by the Trusteeseries, 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 series, particular series or to any suit instituted by any Holder of any Security for the enforcement of the payment of the principal of (or premium, if any) or interest interest, if any, on any Securities Security of such series on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities Corporate Units or Treasury Units, by his its acceptance of such Securities Corporate Units or Treasury Units 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, 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 attorney’s attorneys' 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 provided that the provisions of this Section 5.14 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 premium, if any) or interest on any Securities Notes on or after the Stated Maturity respective Payment Date therefor in respect of any Security held by such Holder, or 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 Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities by his such Xxxxxx’s acceptance 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, 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 attorney’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 Outstanding Securities of any 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 Securities on or after the Stated Maturity or Maturities expressed in such Securities (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture The Company and the Trustee agree, and each Holder of Securities of any Securities series or coupon by his acceptance of such Securities 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, 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 attorney’s attorneys’ 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 Holder of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any series, series or to any suit instituted by any Holder coupon for the enforcement of the payment of the principal of (of, or premium, if any) , or interest interest, if any, on Securities of any Securities series on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date), or to any suit instituted by any Holder of Securities of any series or coupon, or group of such Holders, holding in the aggregate more than 10% in principal amount of the Securities.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Notes by his such Xxxxxx’s acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys’ 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 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 Aggregate Outstanding Amount of any seriesthe Controlling Class, 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 Securities Secured Notes on or after the applicable Stated Maturity or Maturities expressed in such Securities (or, in the case of redemptionredemption which has resulted in an Event of Default, on or after the applicable Redemption Date).

Undertaking for Costs. All parties to this Indenture --------------------- agree, and each Holder of any Securities Security or coupon by his acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys' 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 relating to or arising under clause (6) of Section 501 and instituted by any HolderHolder of Securities of the affected series, or group of such Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of such series (or, in the case of any seriessuit relating to or arising under clause (3), (4) or (5) of Section 501, 10% in principal amount of all Outstanding Securities), 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 Securities Security or the payment of any coupon on or after the Stated Maturity or Maturities expressed in such Securities Security or coupon (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities a Security and/or Coupon by his acceptance of such Securities 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, 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 attorney’s attorneys' 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 Outstanding Securities of any 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, if any, on any Security or the payment of interest on any Securities Coupon on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security or coupon by his acceptance of such Securities 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, 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 attorney’s attorneys' 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 Outstanding Securities of any series, 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) any premium or interest on any Securities Security or the payment of any coupon on or after the Stated Maturity or Maturities expressed in such Securities Security or coupon (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his or her acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for the Securities of any series for any action taken, suffered, 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 attorney’s fees and expensesattorneys' 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 Trustee for the Securities of any suit instituted by the Trusteeseries, 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 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 interest, if any, on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Note by his acceptance of such Securities 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, 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 attorney’s attorneys' 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% or more 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 premium, if any) any premium or interest on any Securities Note on or after the respective Stated Maturity or Maturities expressed in such Securities Note (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture Purchase Contract Agreement agree, and each Holder of any Securities a Purchase Contract, by his its acceptance of such Securities 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 IndenturePurchase Contract Agreement, or in any suit against the Trustee Purchase Contract Agent for any action taken, suffered, 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 attorney’s attorneys’ fees and expenses, 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, however, that the provisions of this Section 5.14 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 1010.0% 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, Reference Property or cash in lieu of any fractional share or Reference Property upon settlement of the principal of (or premium, if any) or interest on any Securities on or after the Stated Maturity or Maturities expressed in Purchase Contracts held by such Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ 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 5.14 514 shall not apply to any suit instituted by the CompanyPartnership, 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 series, 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 any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security, by his such Xxxxxx’s acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suitaction, suit or proceeding, 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 7.08 shall not apply to any action, suit or proceeding instituted by the CompanyTrustee or the Issuers, to any action, suit instituted by the Trustee, to any suit or proceeding instituted by any Holder, one or group more Holders of Holders, Securities holding in the aggregate more than 1025% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder of Securities of any series for the enforcement of the payment of the principal of (or premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture agree, and each Holder holder of any Securities Security, by his such holder's acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suitaction, suit or proceeding, 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 7.08 shall not apply to any action, suit instituted by the Company, to any suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any Holder, one or group more holders of Holders, Securities holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder holder of Securities of any series for the enforcement of the payment of the principal of (or premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his such Holder’s acceptance of such Securities 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, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ 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 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 Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, 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 attorney’s attorneys' 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 (or of, premium, if any) , or interest on any Securities Security on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemptionredemption or repurchase, on or after the 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.](49).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, 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 attorney’s attorneys' 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 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 (or of, premium, if any) , Liquidated Damages, if any, or interest on any Securities Security on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemptionredemption or repurchase, on or after the 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 ELEVEN.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, 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 attorney’s attorneys' 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 Outstanding Securities of any 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 Securities on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date). This Section 5.14 shall be in lieu of Section 3.15(e) of the TIA and such Section 3.15(e) is hereby expressly excluded from this Indenture, as permitted by the TIA.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities by his acceptance 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, 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 attorney’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 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 Securities on or after the Stated Maturity or Maturities expressed in such Securities (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Debenture by his its acceptance of such Securities 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 Debenture Trustees for any action taken, suffered, suffered or omitted by it them as TrusteeDebenture Trustees, 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 attorney’s fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses defences made by such party litigant; but the provisions of this Section 5.14 9.15 shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteeDebenture Trustees, 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 seriesDebentures, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or and premium, if any, on) or interest on any Securities Debenture on or after the Stated Maturity or Maturities expressed in Date of such Securities Debenture (or, in the case of redemption, on or after the Redemption Dateapplicable redemption date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his its acceptance of such Securities 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, 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 attorney’s attorneys’ 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 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 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 Securities on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date). This Section 5.14 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.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' 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 5.14 514 shall not apply to any suit instituted by the CompanyPartnership, 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 series, 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 any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security of any series by his acceptance of such Securities 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 with respect to the Security of that series, or in any suit against the Trustee for any action taken, suffered, suffered or omitted to be taken by it as TrusteeTrustee with respect to that series, 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 attorney’s attorneys’ 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 8.13 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 the Security of that series, or group of HoldersHolders of the Security of that series, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities Outstanding Security of any that series, or to any suit instituted by any Holder of that series for the enforcement of the payment of the principal of of, or premium (or premium, if any) ), or interest on on, any Securities Security of that series on or after the Stated respective Maturity or Maturities Date expressed in such Securities Security (orincluding, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ 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 (1) 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 1025% in principal amount of the outstanding Outstanding Securities of any 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 Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities 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 49 58 undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees and expenses, against any party litigant in such suit, 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 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 Outstanding Securities of any 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 interest, if any, on or Additional Amounts, if any, with respect to any Securities Security on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date), and, in the case of repayment, on or after the date for repayment) or for the enforcement of the right, if any, to convert or exchange any Security into Common Stock or other securities in accordance with its terms.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his such Holder’s acceptance of such Securities 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, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ 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 CompanyPartnership, 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 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 Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security of any series by his acceptance of such Securities 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, 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 attorney’s fees and expensesattorneys' 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 series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or of, premium, if any) , or interest on any Securities Security on of such series or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the respective Redemption DateDates).