Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.
Appears in 53 contracts
Samples: Indenture (James River Group, INC), Indenture (MortgageIT Holdings, Inc.), Tib Financial Corp.
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, 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; provided, however, that but the provisions of this Section 5.9 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, Debentureholders holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in such Debenture or established pursuant to this Indenture.
Appears in 41 contracts
Samples: Indenture (Paradigm Capital Trust Ii), Indenture (Independent Capital Trust Iii), Indenture (Private Bancorp Capital Trust I)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 24 contracts
Samples: Indenture (Equitable of Iowa Companies), Indenture (Berkley W R Capital Trust), Indenture (Hubco Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, 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; provided, however, that but the provisions of this Section 5.9 7.8 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, Debentureholders holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in such Debenture or established pursuant to this Indenture.
Appears in 10 contracts
Samples: 1st Source Capital Trust Ii, Stifel Financial Capital Trust, Sbi Capital Trust
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security of any series by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion may 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 or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion may assess reasonable costs, including reasonable attorneys' fees and expenses’ 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; provided, however, that the provisions of this Section 5.9 6.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingoutstanding Securities of such series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) Principal or interest on any Debenture against the Company Security of such series on or after the same shall have become their respective due and payabledates.
Appears in 9 contracts
Samples: Subordinated Indenture (Wintrust Financial Corp), First Supplemental Indenture (Old Line Bancshares Inc), Synovus Financial Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of SecurityholdersSecurityholders of any series, holding in the aggregate more than 10% in principal amount of the Debentures Securities of that series outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 9 contracts
Samples: Indenture (Countrywide Financial Corp), Indenture (Countrywide Capital Ii), Indenture (Bank of America Corp /De/)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Junior Subordinated Debentures by his such Holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, 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; provided, however, that but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingOutstanding Junior Subordinated Debentures, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Junior Subordinated Debentures on or after the same shall have become due and payabledates thereof.
Appears in 9 contracts
Samples: Subordinated Indenture (Flagstar Trust), Ebh Capital Trust I, Ebh Capital Trust I
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debt Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of SecurityholdersSecurityholders of any series, holding in the aggregate more than 10% in principal amount of the Debentures Debt Securities of that series outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Debt Security against the Company on or after the same shall have become due and payable.
Appears in 7 contracts
Samples: Indenture (Union Planters Corp), Indenture (Pxre Corp), Indenture (Mercantile Capital Trust I)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; providedPROVIDED, howeverHOWEVER, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.
Appears in 6 contracts
Samples: Indenture (Bancinsurance Corp), Indenture (Tower Group, Inc.), Indenture (Bankatlantic Bancorp Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or interest (or premiumincluding Compounded Interest and Additional Sums, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 6 contracts
Samples: Indenture (Independent Capital Trust I), Indenture (East West Bancorp Capital Trust I), Indenture (Independent Capital Trust Ii)
Undertaking to Pay Costs. All parties to this Indenture ------------------------ agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that the provisions of -------- ------- this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.
Appears in 5 contracts
Samples: Indenture (First Banks, Inc), Indenture (First Banks, Inc), Indenture (First Banks, Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest (including Compounded Interest and Additional Sums, if any) or Liquidated Damages, if any, on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 5 contracts
Samples: Indenture (Ucbh Holdings Inc), Indenture (Haven Capital Trust I), Indenture (Progress Capital Trust I)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, or in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingthen outstanding Notes, or to any suit instituted by any Securityholder Holders for the enforcement of the payment of the principal of (or of, premium, if any) , or interest or Additional Interest, if any, on any Debenture Note against the Company Issuer on or after the same shall have become due and payabledate of such Note.
Appears in 4 contracts
Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, of any series, holding in the aggregate more than 10% in principal amount of the Debentures Securities of that series outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 4 contracts
Samples: Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Financial Corp), Countrywide Home Loans Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, 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; provided, however, that but the provisions of this Section 5.9 8.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, Debentureholders holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in such Debenture or established pursuant to this Indenture.
Appears in 4 contracts
Samples: Ifc Capital Trust Ii, American Bank Inc, Greater Atlantic Financial Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, or in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingthen outstanding Notes, or to any suit instituted by any Securityholder Holders for the enforcement of the payment of the principal of (or of, premium, if any) , or interest interest, if any, on any Debenture Note against the Company Issuer on or after the same shall have become due and payabledate of such Note.
Appears in 4 contracts
Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, ------------------------ and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that the provisions of this -------- ------- Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.
Appears in 4 contracts
Samples: Indenture (Intervest Bancshares Corp), Indenture (Prosperity Bancshares Inc), Indenture (Florida Banks Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Company or the Trustee, ; to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 1025% in aggregate principal amount of the Debentures Securities outstanding, ; or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest (including Compounded Interest and Additional Sums, if any) on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 4 contracts
Samples: Indenture (Continental Airlines Finance Trust Iii), Indenture (Spinnaker Exploration Co), Dynegy Capital Trust Iii
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of SecurityholdersSecurityholders of any series, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities of that series outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 3 contracts
Samples: Indenture (Sterling Bancshares Inc), Sterling Bancshares Capital Trust Ii, Sterling Bancshares Capital Trust Ii
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Holder by his or her acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debt Trustee for any action taken or omitted by it as Debt Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.10 shall not apply to any suit instituted by the Debt Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures any series of Debt Securities outstanding, or to any suit instituted by any Securityholder Holder for the enforcement of the payment of the principal of (or of, premium, if any) , or interest on any Debenture such Debt Security against the Company on or after the same shall have become due and payable.
Appears in 3 contracts
Samples: Satisfaction and Discharge (Suntrust Capital Iv), Satisfaction And (Suntrust Capital Ii), Indenture (Suntrust Banks Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Note by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees 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; provided, however, that but the provisions of this Section 5.9 5.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderNoteholder, or group of SecurityholdersNoteholders of a series of Notes, holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingNotes of such series Outstanding, or to any suit instituted by any Securityholder Noteholder for the enforcement of the payment of the principal of (or of, premium, if any) , or interest on any Debenture Note against the Company Corporation on or after the same shall have become due and payable.
Appears in 3 contracts
Samples: Indenture (Flushing Financial Corp), Indenture (Flushing Financial Corp), Indenture (State Bancorp Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debenture Trustee for any action taken or omitted by it as Debenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Debenture Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest (including Compounded Interest and Additional Sums, if any) or Liquidated Damages, if any, on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.
Appears in 3 contracts
Samples: Indenture (Telebanc Capital Trust I), Indenture (Banknorth Capital Trust I), Indenture (Webster Capital Trust Ii)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Holder of the Securities of any series or group of Securityholderssuch Holders, holding in the aggregate more than 10% ten percent in principal amount of the Debentures outstanding, Outstanding Securities of that series or to any suit instituted by any Securityholder Holder for the enforcement of the payment of the principal of (or premium, if any) , or interest on any Debenture Security against the Company on or after the same shall have become due and payable.date expressed in such Security. ARTICLE SIX The Trustee
Appears in 3 contracts
Samples: Indenture (Peabody Energy Corp), Indenture (Peabody Energy Corp), Cottonwood Land Co
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Note by his its acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion 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 or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees 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; provided, however, provided that the provisions of this Section 5.9 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingNotes at the time outstanding determined in accordance with Section 8.04, or to any suit instituted by any Securityholder Holder pursuant to the last paragraph of Section 6.06 (or, for the enforcement avoidance of doubt, to enforce the payment of the principal of (or premiumany related Additional Amounts, if any) or interest on any Debenture against the Company on or after the same shall have become due and payableapplicable).
Appears in 3 contracts
Samples: Indenture (Wright Medical Group N.V.), Indenture (Wright Medical Group N.V.), Wright Medical Group Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion may 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 or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 3 contracts
Samples: Satisfaction And (Imperial Capital Trust I), Indenture (New York Bancorp Capital Trust), Life Financial Capital Trust
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 2 contracts
Samples: Indenture (Bancfirst Corp /Ok/), Indenture (Safeco Corp)
Undertaking to Pay Costs. All parties to this Indenture ------------------------- agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.
Appears in 2 contracts
Samples: Indenture (Parke Bancorp, Inc.), Indenture (Gateway Bancshares Inc /Ga/)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.
Appears in 2 contracts
Samples: Indenture (First Commonwealth Financial Corp /Pa/), Peoples Heritage Financial Group Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his his, her or its acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion 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 or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses’ 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; provided, however, provided that the provisions of this Section 5.9 7.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of SecurityholdersDebentureholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for at the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.time outstanding determined in accordance with
Appears in 2 contracts
Samples: And (Xcyte Therapies Inc), Indenture (Xcyte Therapies Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security or coupon by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion may 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 or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion may assess reasonable costs, including reasonable attorneys' fees and expensesfees, 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; provided, however, that the provisions of this Section 5.9 4.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingOutstanding Securities of that series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) any premium or interest on any Debenture against the Company Security on or after the same shall have become due and payablerespective Stated Maturities (or, in the case of redemption or repayment, on or after the redemption date or repayment date).
Appears in 2 contracts
Samples: Mercantile Bancorporation Inc, Mercantile Bancorporation Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payablePayable.
Appears in 2 contracts
Samples: Indenture (Bank of Boston Corp), HSBC Usa Capital Trust Vi
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Note by his acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion 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 or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, provided that the provisions of this Section 5.9 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderNoteholder, or group of SecurityholdersNoteholders, holding in the aggregate more than 10% ten percent in principal amount of the Debentures outstandingNotes at the time outstanding determined in accordance with Section 12.04, or to any suit instituted by any Securityholder Noteholder for the enforcement of the payment of the principal of (or premium, if any) or interest Interest on any Debenture against the Company Note on or after the same shall have become due and payabledate expressed in such Note.
Appears in 2 contracts
Samples: Notes Purchase Agreement (China Security & Surveillance Technology, Inc.), China Security & Surveillance Technology, Inc.
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.10 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of SecurityholdersDebentureholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingof a series outstanding with respect to that series, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of or interest (or premiumincluding Compounded Interest and Additional Sums, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.
Appears in 2 contracts
Samples: Indenture (New York Community Bancorp Inc), Indenture (New York Community Bancorp Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Note by his its acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion 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 or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees 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; provided, however, provided that the provisions of this Section 5.9 6.10 (to the extent permitted by law) shall not apply to any suit instituted by or against the Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or Notes at the time outstanding determined subject to any suit instituted by any Securityholder for the enforcement of the payment of the principal of Section 8.04 (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.
Appears in 2 contracts
Samples: Indenture Agreement (Oatly Group AB), Indenture Agreement (Oatly Group AB)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debenture Trustee for any action taken or omitted by it as Debenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Debenture Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest (including Compounded Interest and Additional Sums, if any) on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.
Appears in 2 contracts
Samples: Indenture (Nara Bancorp Inc), Indenture (Haven Bancorp Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Holder of the Securities of any series or group of Securityholderssuch Holders, holding in the aggregate more than 10% ten percent in principal amount of the Debentures outstanding, Outstanding Securities of that series or to any suit instituted by any Securityholder Holder for the enforcement of the payment of the principal of (or premium, if any) , or interest on any Debenture Security against the Company on or after the same shall have become due and payable.date expressed in such Security. ARTICLE SIX
Appears in 2 contracts
Samples: L 3 Communications Corp, Black Beauty Coal Co
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debenture Trustee for any action taken or omitted by it as Debenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Debenture Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or interest (or premiumincluding Compounded Interest and Additional Sums, if any) or interest on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.
Appears in 2 contracts
Samples: Indenture (Hamilton Capital Trust I), Indenture (Hamilton Capital Trust I)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, or in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Senior Trustee for any action taken or omitted by it as Senior Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Senior Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingthen outstanding Notes, or to any suit instituted by any Securityholder Holders for the enforcement of the payment of the principal of (or of, premium, if any) , or interest or Additional Interest, if any, on any Debenture Note against the Company Issuer on or after the same shall have become due and payabledate of such Note.
Appears in 2 contracts
Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, 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; provided, however, that but the provisions of this Section 5.9 5.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, Debentureholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Debentures outstandingof that series, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in any such Debenture or established pursuant to this Indenture.
Appears in 2 contracts
Samples: First Merchants Corp, First Merchants Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Holder of the Securities of any series or group of Securityholderssuch Holders, holding in the aggregate more than 10% ten percent in principal amount of the Debentures outstanding, Outstanding Securities of that series or to any suit instituted by any Securityholder Holder for the enforcement of the payment of the principal of (or premium, if any) , or interest on any Debenture Security against the Company on or after the same shall have become due and payabledate expressed in such Security.
Appears in 2 contracts
Samples: Black Beauty Coal Co, L 3 Communications Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion may 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 or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion may assess reasonable costs, including reasonable attorneys' fees and expensesfees, 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; provided, however, that the provisions of this Section 5.9 4.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderNoteholder, or group of SecurityholdersNoteholders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingoutstanding Notes, or to any suit instituted by any Securityholder Noteholder for the enforcement of the payment of the principal of (or of, premium, if any) , or interest on any Debenture against the Company Note on or after the same shall have become due and payabletheir respective Stated Maturities.
Appears in 2 contracts
Samples: Indenture (Synovus Financial Corp), Synovus Financial Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his such Holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% or more in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 2 contracts
Samples: Indenture (James River Group, INC), Indenture (James River Group, INC)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Securityholder or group of Securityholders, Securityholders holding in the aggregate more than 10% in principal amount of the Debentures Securities outstanding at the time outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 2 contracts
Samples: Orion Capital Corp, Trenwick Group Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.. 41 51 ARTICLE VI
Appears in 2 contracts
Samples: Indenture (Firstar Corp /Wi/), Indenture (Firstar Capital Trust I)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Subordinated Debentures by his such Holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, 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; provided, however, that but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingOutstanding Subordinated Debentures, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Subordinated Debentures on or after the same shall have become due and payabledates thereof.
Appears in 2 contracts
Samples: Bank of the Ozarks Inc, Ozark Capital Trust
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 SECTION 5.09 shall not apply to any suit instituted by the Company or the Trustee, ; to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, ; or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest (including Compounded Interest and Additional Sums, if any) on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 2 contracts
Samples: Illinois Power Co, Illinois Power Co
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his such Holder's acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion requirediscretion, 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 or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% or more in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 2 contracts
Samples: Indenture (Proassurance Corp), Indenture (Proassurance Corp)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debt Trustee for any action taken or omitted by it as Debt Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, 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; provided, however, that but the provisions of this Section 5.9 shall not apply to any suit instituted by the Debt Trustee, to any suit instituted by any Securityholder, or group of SecurityholdersSecurityholders of any series, holding in the aggregate more than 10% in principal amount of the Debentures Securities of that series outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.
Appears in 2 contracts
Samples: Indenture (General Motors Corp), Indenture (General Motors Capital Trust D)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his such Holder’s acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion requirediscretion, 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 or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% or more in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 2 contracts
Samples: Indenture (First Mercury Financial Corp), Indenture (First Mercury Financial Corp)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Note by his such Holder’s acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, or in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingthen outstanding Notes, or to any suit instituted by any Securityholder Holders for the enforcement of the payment of the principal of (or of, premium, if any) , or interest interest, if any, on any Debenture Note against the Company Issuers on or after the same shall have become due and payabledate of such Note.
Appears in 2 contracts
Samples: Supplemental Indenture (Shea Homes Limited Partnership), Supplemental Indenture (Shea Homes Limited Partnership)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest (including Additional Sums and Compounded Interest, if any) and Liquidated Damages, if any, on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 2 contracts
Samples: Indenture (Premier Bancorp Inc /Pa/), Patriot Capital Trust I
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Note by his its acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion 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 or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees 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; provided, however, provided that the provisions of this Section 5.9 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for Notes at the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.time outstanding determined in accordance with
Appears in 2 contracts
Samples: Indenture (Snap Inc), Indenture (Okta, Inc.)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that the provisions of this Section 5.9 5.11 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.
Appears in 2 contracts
Samples: Indenture (Vineyard National Bancorp), Odyssey Re Holdings Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 1025% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 2 contracts
Samples: Indenture (Agl Capital Trust Iii), Agl Capital Trust Ii
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion 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 or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, 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; providedprovided that, however, that the provisions of this Section 5.9 7.9 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than ten percent (10% %) in principal amount of the Debentures outstandingSecurities at the time outstanding determined in accordance with Section 9.4, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) , or interest on any Debenture against the Company Security on or after the same shall have become due and payabledate therefor or to any suit for the enforcement of the right to convert any Security in accordance with the provisions of Article XV or to require the Company to repurchase any Security in accordance with Article XVI.
Appears in 2 contracts
Samples: Securities Purchase Agreement (System Software Associates Inc), System Software (System Software Associates Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Company or the Trustee, ; to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, ; or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest (including Compounded Interest and Additional Sums, if any) on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Samples: Dynegy Capital Trust Iii
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debenture Trustee for any action taken or omitted by it as Debenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.10 shall not apply to any suit instituted by the Debenture Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or interest (or premiumincluding Compounded Interest and Additional Sums, if any) or interest on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.
Appears in 1 contract
Samples: New York Community Bancorp Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debenture Trustee for any action taken or omitted by it as Debenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.10 shall not apply to any suit instituted by the Debenture Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or interest (or premiumincluding Compounded Interest and Additional Sums, if any) or interest Liquidated Damages, if any, on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.
Appears in 1 contract
Samples: BFD Preferred Capital Trust Ii
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as the Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, 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; provided, however, that but the provisions of this Section 5.9 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebenture holder, or group of Securityholders, the Debenture holders holding in the aggregate more than ten percent (10% %) in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debenture holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in such Debenture or established pursuant to this Indenture.
Appears in 1 contract
Samples: Indenture (NPB Capital Trust Ii)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingOutstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (of, or premium, if any) , or interest on any Debenture against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Samples: Indenture (QCR Holdings Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security of any series by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion may 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 or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion may assess reasonable costs, including reasonable attorneys' fees and expenses’ 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; provided, however, that the provisions of this Section 5.9 6.10 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingoutstanding Securities of such series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) Principal or interest on any Debenture against the Company Security of such series on or after the same shall have become their respective due and payabledates.
Appears in 1 contract
Samples: Privatebancorp, Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken 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 reasonably attorneys' fees and expensesfees, 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; provided, however, that but the provisions of this Section 5.9 7.11 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payabledate expressed in such Security.
Appears in 1 contract
Samples: Trans Lux Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his such Holder’s acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion requirediscretion, 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 or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% or more in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Samples: State National Companies, Inc.
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder’s acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as the Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses’ 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; provided, however, that but the provisions of this Section 5.9 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, the Debentureholders holding in the aggregate more than ten percent (10% %) in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in such Debenture or established pursuant to this Indenture.
Appears in 1 contract
Samples: S.Y. Bancorp Capital Trust II
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Company or the Trustee, ; to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, ; or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest (including Compounded Interest and Additional Sums, if any) or Liquidated Damages, if any, on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Samples: NGC Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees 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; provided, however, that litigant; but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by 29 any SecurityholderSecurityholder of any series, or group of such Securityholders, holding in the aggregate more than ten percent (10% %) in aggregate principal amount of the Debentures outstandingany Securities of any series, or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or and premium, if any) or interest , and interest, if any, on any Debenture against the Company Security on or after the same shall have become due and payabledate expressed in such Security or for the enforcement of the right, if any, to convert or exchange any Security into Shares or other securities in accordance with its terms.
Appears in 1 contract
Samples: Indenture
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal princi- pal of (or premium, if any) or interest (including Additional Sums and Compounded Interest, if any) and Liquidated Damages, if any, on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Samples: Indenture (Sovereign Bancorp Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' 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; provided, however, that but the provisions of this Section 5.9 shall not 40 apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingSecurities of any series then Outstanding, or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premiuminterest, if any) or interest , on any Debenture Security against the Company Issuer on or after the same shall have become due and payabledate expressed in such Security.
Appears in 1 contract
Samples: Ocean Energy Inc /La/
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 1025% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against 45 55 the Company on or after the same shall have become due and payable.
Appears in 1 contract
Samples: Indenture (Agl Resources Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, ------------------------ and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that the provisions of this ------------------ Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Undertaking to Pay Costs. All parties to this --------------------------- Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that the provisions of -------- ------- this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable. ARTICLE VI.
Appears in 1 contract
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Surplus Note by his such Holder’s acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% or more in aggregate principal amount of the Debentures Surplus Notes outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Surplus Note against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Samples: Pma Capital Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken 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 reasonably attorneys' fees and expensesfees, against any party litigant 41 in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 8.11 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payabledate expressed in such Security.
Appears in 1 contract
Samples: Indenture (Icn Pharmaceuticals Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder’s acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as the Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses’ 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; provided, however, that but the provisions of this Section 5.9 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, the Debentureholders holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in such Debenture or established pursuant to this Indenture.
Appears in 1 contract
Samples: First Busey Statutory Trust V
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable. ARTICLE VI CONCERNING THE TRUSTEE 6.01.
Appears in 1 contract
Samples: Indenture (Puget Sound Energy Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.10 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingof a series outstanding with respect to that series, or to any suit instituted by any Securityholder Holder for the enforcement of the payment of the principal of or interest (or premiumincluding Compounded Interest and Additional Sums, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Undertaking to Pay Costs. All parties to this the Indenture agree, and each holder Holder of any Debenture Note by his such Holder’s acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, or in any suit for the enforcement of any right or remedy under this the Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingthen outstanding Notes, or to any suit instituted by any Securityholder Holders for the enforcement of the payment of the principal of (or of, premium, if any) , or interest interest, if any, on any Debenture Note against the Company Issuers on or after the same shall have become due and payabledate of such Note.
Appears in 1 contract
Samples: Indenture (Vistancia Marketing, LLC)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debt Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures Debt Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Debt Security against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, 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; provided, however, that but the provisions of this Section 5.9 7.08 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of SecurityholdersDebentureholders, holding in the aggregate more than 10% 10 percent in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) ), or interest on any Debenture against the Company Company, on or after the same shall have become due and payabledate expressed in such Debenture.
Appears in 1 contract
Samples: Indenture (Philip Services Corp)
Undertaking to Pay Costs. 37 All parties to this Indenture agree, and each holder of any Debenture Security by his such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of SecurityholdersSecurityholders of any series, holding in the aggregate more than 10% in principal amount of the Debentures Securities of that series outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Samples: Interpool Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debt Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken taken. or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures Debt Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Debt Security against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Samples: Tib Financial Corp.
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debenture Trustee for any action taken or omitted by it as Debenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 shall not apply to any suit instituted by the Debenture Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or interest (or premiumincluding Compounded Interest and Additional Sums, if any) or interest on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.
Appears in 1 contract
Samples: Indenture (Valley National Bancorp)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, 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; provided, however, that but the provisions of this Section 5.9 7.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderSecurityholders, or group of Securityholders, holding in the aggregate more than 10% ten percent in principal amount of the Debentures outstandingSecurities outstanding of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.date expressed in such Security or the right to exchange any Security for Capital Securities as provided in Article Seventeen. 44 37
Appears in 1 contract
Samples: J P Morgan Chase & Co
Undertaking to Pay Costs. 42 All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on or the Applicable Put Price in respect of any Debenture Security against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Samples: Indenture (Life Re Capital Trust Ii)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken 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 Community Bancorp/Indenture/Floating Rate reasonable costs, including reasonable 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; provided, however, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Samples: Community Bancorp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit 38 for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of SecurityholdersSecurityholders of any series, holding in the aggregate more than 10% in principal amount of the Debentures Securities of that series outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.. ARTICLE SIX
Appears in 1 contract
Samples: Indenture (Nb Capital Trust I)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debt Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of SecurityholdersSecurityholders of any series, holding in the aggregate more than 10% in principal amount of the Debentures Debt Securities of that series outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Debt Security against the Company on or after the same shall have become due and payable.. 31 39
Appears in 1 contract
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' 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 -34- 41 made by such party litigant; provided, however, that but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingSecurities of any series then Outstanding, or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premiuminterest, if any) or interest , on any Debenture Security against the Company Issuer on or after the same shall have become due and payabledate expressed in such Security.
Appears in 1 contract
Samples: Ocean Energy Inc /Tx/
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as the Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, 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; provided, however, that but the provisions of this Section 5.9 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, the Debentureholders holding in the aggregate more than ten percent (10% %) in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payable.dates expressed in such Debenture or established pursuant to this Indenture. 35NEXT PAGE
Appears in 1 contract
Samples: Itla Capital Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debt Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; providedPROVIDED, howeverHOWEVER, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures Debt Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Debt Security against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder’s acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as the Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses’ 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; provided, however, that but the provisions of this Section 5.9 8.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, the Debentureholders holding in the aggregate more than ten percent (10% %) in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in such Debenture or established pursuant to this Indenture.
Appears in 1 contract
Samples: Indenture (Tompkins Financial Corp)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debt Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures Debt Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Debt Security against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Samples: Indenture (Home Bancshares Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debenture Trustee for any action taken or omitted by it as Debenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 shall not apply to any suit instituted by the Debenture Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or interest (or premiumincluding Compounded Interest and Additional Sums, if any) or interest Liquidated Damages, if any, on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.
Appears in 1 contract
Samples: Indenture (CNBF Capital Trust I)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, 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; provided, however, that but the provisions of this Section 5.9 5.11 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payabledate expressed in such Security.
Appears in 1 contract
Samples: Indenture (Continucare Corp)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder’s acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses’ 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; provided, however, that but the provisions of this Section 5.9 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, Debentureholders holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in such Debenture or established pursuant to this Indenture.
Appears in 1 contract
Samples: Independent Bank Corp /Mi/
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debenture Trustee for any action taken or omitted by it as Debenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Debenture Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or interest (or premiumincluding Compounded Interest and Additional Sums, if any) or interest on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.
Appears in 1 contract
Samples: Indenture (Westbank Capital Trust I)
Undertaking to Pay Costs. All parties to this Indenture ------------------------- agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; provided, however, that the provisions of --------- ------- this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees 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; : provided, however, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, Securityholders holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, 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; provided, however, that but the provisions of this Section 5.9 8.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, Debentureholders holding in the aggregate more than 10[__]% in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in such Debenture or established pursuant to this Indenture.
Appears in 1 contract
Samples: Americredit Capital Trust I