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 (Tib Financial Corp.), Indenture (MortgageIT Holdings, Inc.), Indenture (James River Group, 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 7.7 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 (Wintrust Capital Trust VI), Indenture (Matrix Bancorp Capital Trust I), Indenture (Matrix 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 (Markel Corp), Indenture (Onbancorp Inc), Indenture (M&t Bank Corp)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Securities by his such Hxxxxx’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 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 Securities 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 against the Company Security of such series, on or after the same shall have become respective due and payabledates expressed in such Security or established pursuant to this Indenture.
Appears in 14 contracts
Samples: Indenture (Lucid Diagnostics Inc.), Indenture (Lucid Diagnostics Inc.), Indenture (NAKED BRAND GROUP LTD)
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 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: Indenture (Intrust Capital Trust), Indenture (Baylake Capital Trust I), Indenture (Indiana United Bancorp)
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: Indenture (Stifel Financial Capital Trust), Indenture (1st Source Capital Trust Ii), Indenture (Peoples Bancshares 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 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 payabledates expressed in such Debenture or established pursuant to this Indenture.
Appears in 9 contracts
Samples: Indenture (S Y Bancorp Inc), Indenture (S Y Bancorp Inc), Indenture (Mb Financial 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 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 (Countrywide Capital Ii)
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 8 contracts
Samples: Subordinated Indenture (Community First Bankshares Inc), Subordinated Indenture (Ebh Capital Trust I), Subordinated Indenture (BVBC 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 (Summit Capital Trust I), Indenture (Pxre Corp), Indenture (Marshall & Ilsley Corp/Wi/)
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, against any 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 7 contracts
Samples: Indenture (American Bancorporation Capital Trust I), Indenture (Pennfirst Capital Trust I), Indenture (Pittsburgh Home 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 (Fpic Insurance Group Inc), Indenture (Carver Bancorp Inc), Indenture (Tower 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 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 (R&g Financial Corp), 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 Holder of any Debenture Security by his his, her or 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 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 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderSecurityholders of any series, or group of such Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Debentures outstanding, all Securities (voting as one class) or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premium, if any) ), interest, if any, or interest Additional Amounts, if any, on any Debenture against the Company Security on or after the same shall have become due and payabledate expressed in such Security.
Appears in 5 contracts
Samples: Indenture (Visteon Corp), Indenture (Visteon Corp), Subordinated Indenture (Visteon 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 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 Trust Co), Indenture (Ucbh Holdings Inc), Indenture (Haven Capital Trust I)
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, against any 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 5 contracts
Samples: Indenture (Capitol Bancorp LTD), Indenture (Great Southern Capital Trust IV), Indenture (First Financial Capital Trust II)
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 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: Junior Subordinated Indenture (Spinnaker Exploration Co), Junior Subordinated Indenture (Continental Airlines Finance Trust Iii), Junior Subordinated Indenture (Newfield Exploration Co /De/)
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), Indenture (Municipal Mortgage & Equity LLC)
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: Indenture (Ifc Capital Trust Ii), Indenture (Greater Atlantic Financial Corp), Indenture (American Bank Inc)
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: Indenture (Suntrust Capital Ii), Indenture (Suntrust Capital Iv), Indenture (Suntrust 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 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 (Banknorth Capital Trust I), Indenture (Telebanc Capital Trust I), Indenture (Webster Capital Trust Ii)
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 for Subordinated Notes (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 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 Capital Trust Ii), Indenture (Sterling Bancshares Capital Trust Ii), Indenture (Sterling Bancshares 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: Indenture (Imperial Capital Trust I), Indenture (New York Bancorp Capital Trust), Indenture (Life Financial Capital Trust)
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 3 contracts
Samples: Subordinated Indenture (Peabody Energy Corp), Subordinated Indenture (Cottonwood Land Co), Indenture (Peabody Energy 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 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 Securityholder, 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 interest, if any, on any Debenture Security against the Company Corporation on or after the same shall have become due and payabledate expressed in such Security.
Appears in 3 contracts
Samples: Indenture (Constellation Energy Corp), Indenture (Constellation Energy Group Inc), Indenture (Baltimore Gas & Electric 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 (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 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 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/), Indenture (Patriot Capital Trust I)
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.), Indenture (China Security & Surveillance Technology, 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 6.11 (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 Section
Appears in 2 contracts
Samples: Indenture (Confluent, Inc.), Indenture (Wayfair 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 2 contracts
Samples: Indenture (Gateway Bancshares Inc /Ga/), Indenture (Parke 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 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/), Indenture (Peoples Heritage Financial 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 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), Indenture (System Software Associates Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Securities by his such Hoxxxx’x 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 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 Securities 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 against the Company Security of such series, on or after the same shall have become respective due and payabledates expressed in such Security or established pursuant to this Indenture.
Appears in 2 contracts
Samples: Indenture (Parkervision Inc), Indenture (Long Island Iced Tea Corp.)
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: Indenture (Mercantile Bancorporation Inc), Indenture Regarding Senior Securities (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), Indenture (HSBC Usa Capital Trust Vi)
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: Subordinated Indenture (Bank of the Ozarks Inc), Subordinated Indenture (Ozark Capital Trust)
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: Senior Indenture (Black Beauty Coal Co), Indenture (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), Indenture (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 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 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 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 Capital Trust I), Indenture (Firstar Corp /Wi/)
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: Indenture (Illinois Power Co), Indenture (Illinois Power Co)
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 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 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), Indenture (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), Indenture (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 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: Indenture (Trenwick Group Inc), Indenture (Orion Capital Corp)
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 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: Indenture (Xcyte Therapies Inc), Indenture (Xcyte Therapies 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: Indenture (L 3 Communications Corp), Subordinated Indenture (Black Beauty Coal Co)
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: Indenture (First Merchants Corp), Indenture (First Merchants 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 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 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 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
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 but the provisions of this Section 5.9 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 aggregate principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal principal, Redemption Price 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 (Mmi Companies 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
Samples: Indenture (New South Bancshares 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 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 Holder of any Debenture Debt Security by his his, her or 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’ 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; providedprovided that, 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 SecurityholderSecurityholders of any series, or group of such Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Debentures outstanding, all Debt Securities (voting as one class) or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premium, if any) ), interest, if any, or interest Additional Amounts, if any, on any Debenture against the Company Debt Security on or after the same shall have become due and payabledate expressed in such Debt Security.
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.
Appears in 1 contract
Samples: Indenture (ACA Capital Holdings 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 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 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 Bank 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 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
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.. 29 37
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 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 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.instituted
Appears in 1 contract
Samples: Indenture (1st Source 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 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 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
Undertaking to Pay Costs. All parties to this the 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 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 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 5.12 (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 Section
Appears in 1 contract
Samples: First Supplemental Indenture (Veeco Instruments Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debt 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% 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 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 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 any series of Debentures 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 such Debenture against the Company on or after the same shall have become due and payable.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Fw Preferred Capital Trust I)
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: Indenture (Trans Lux 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 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
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 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.. Form 10.Exhibit 4.1
Appears in 1 contract
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 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
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
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: Indenture (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 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: Indenture (Itla Capital 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 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: Indenture (Community Bancorp)
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, Debenture holders 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
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 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
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 SecurityholderDebenture holder, or group of Securityholders, Debenture holders holding in the aggregate more than 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 (Glacier 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 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), 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 (Argo Capital Trust Co)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture and each Holder of any Coupon, by his acceptance thereof thereof, shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken 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, costs including reasonable attorneys' fees and expensesattorney's 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 5.9 509 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Holder or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Applicable Debentures outstandingof any series or all series, as the case may be. Outstanding, or to any suit instituted by any Securityholder Holder of any series for the enforcement of the payment of the principal of (or of, premium, if any) , or interest on any Debenture against the Company of such series on or after the same shall have become due and payabledate expressed in such Debenture.
Appears in 1 contract
Samples: Indenture (Alliedsignal 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 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 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 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
