Common use of Undertaking to Pay Costs Clause in Contracts

Undertaking to Pay Costs. All parties to this Indenture agree, and each 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; but the provisions of this Section 5.10 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures outstanding, or to any suit instituted by any Holder for the enforcement of the payment of the principal of, premium, if any, or interest on any such Debenture against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Note by his or her 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; but provided that the provisions of this Section 5.10 6.08 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures outstandingthe Notes at the time outstanding determined in accordance with Section 8.04, or to any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of, or premium, if any, or interest on on, any such Debenture against the Company Note on or after the same shall have become due and payabledate expressed in such Note.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Security 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; but the provisions of this Section 5.10 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder, Securityholder or group of Holders, Securityholders holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures the Securities outstanding at the time outstanding, or to any suit instituted by any Holder Securityholder for the enforcement of the payment of the principal of, of (or premium, if any, ) or interest on any such Debenture against the Company on or after the same shall have become due and payable.interest

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of the Notes by his or her 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; but the provisions of this Section 5.10 shall not apply to any suit instituted by the Trustee, to any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures outstandingthe Outstanding Notes, or to any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of, of (or premium, if any, ) or interest on any such Debenture against the Company Notes, on or after the same shall have become respective due and payabledates expressed in such Note or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Note by his or her 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; but provided that the provisions of this Section 5.10 7.9 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of any series of Debentures outstandingthe Notes at the time outstanding determined in accordance with Section 9.4, or to any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of, of or premium, if any, or interest on any such Debenture against the Company Note on or after the same shall have become due and payabledate expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article XV.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note by his or her acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken 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; but the provisions of this Section 5.10 10.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures the Notes then outstanding, or to any suit instituted by any Holder Holders for the enforcement of the payment of the principal of, premiumof or interest, if any, or interest on any such Debenture Note against the Company on or after the same shall have become due and payabledate thereto expressed in such Note.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Notes by his or her 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; but the provisions of this Section 5.10 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Notes of any series of Debentures outstandingseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of, or premium, if any, or interest on any Note of such Debenture against the Company series, on or after the same shall have become respective due and payabledates expressed in such Note or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security 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’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.10 shall not apply to any suit instituted by the Trustee, to any suit instituted by any HolderSecurityholders of any series, or group of Holderssuch Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of any series of Debentures outstandingall Securities (voting as one class), or to any suit instituted by any Holder Securityholders for the enforcement of the payment of the principal ofof (or premium, premiumif any), interest, if any, or interest Additional Amounts, if any on any such Debenture against the Company Security on or after the same shall have become due and payabledate expressed in such Security. ARTICLE SEVEN.

Undertaking to Pay Costs. All parties to this the Indenture agree, and each Holder of any Offered Securities by his or her 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 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, 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; but the provisions of this Section 5.10 7.8 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures outstandingthe Offered Securities then Outstanding, or to any suit instituted by any Holder for the enforcement of the payment of the principal of, premium, if any, or interest interest, if any, on any such Debenture against the Company Offered Security, on or after the same shall have become due and payablerespective payment dates expressed in the Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note by his or her 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; but provided that the provisions of this Section 5.10 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures outstandingthe Notes at the time outstanding determined in accordance with Section 8.04, or to any suit instituted by any Holder for the enforcement of the payment of the principal of, premiumof or accrued and unpaid interest, if any, or interest on any such Debenture against the Company Note on or after the same shall have become due and payabledate expressed or provided for in such Note.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Debentures by his or her 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; but the provisions of this Section 5.10 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any HolderDebenture holder, or group of Holders, Debenture holders holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures outstandingthe Outstanding Debentures, or to any suit instituted by any Holder Debenture holder for the enforcement of the payment of the principal of, premium, if any, of or interest on any such 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.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Debentures by his or her 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; but the provisions of this Section 5.10 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any HolderDebentureholder, or group of Holders, Debentureholders holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures outstandingthe Outstanding Debentures, or to any suit instituted by any Holder for the enforcement of the payment of the principal of, premium, if any, or interest on any such Debenture against the Company on or after the same shall have become due and payable.instituted

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note by his or her acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, 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 42 claims or defenses made by such party litigant; but the provisions of this Section 5.10 8.09 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures the Notes outstanding, or to any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of, premium, if any, of or any premium or interest on any such Debenture against the Company Note on or after the same shall have become due and payabledate expressed in such Note or the applicable redemption date.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security 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, 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; but the provisions of this Section 5.10 7.9 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any HolderSecurityholder, or group of HoldersSecurityholders, holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures outstanding, the Securities or to any suit instituted by any Holder Securityholder for the enforcement of the payment of the principal of, premium, if any, of or any premium or interest on any such Debenture against the Company Security on or after the same shall have become due and payabledate expressed in such Security or the applicable redemption date.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Security 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 expensesattorneys fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.10 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any HolderSecurityholder, or group of Holders, Securityholders of any series holding in the aggregate more than 10% in principal amount of the Securities of that series (or, in the case of any suit relating to or arising under clause (c), (d) or (e) of Section 5.01, 10% in aggregate principal amount of any series of Debentures all Securities) outstanding, or to any suit instituted by any Holder Securityholder for the enforcement of the payment of the principal of, of or premium, if any, or interest on any such Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Note by his or her 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; but provided that the provisions of this Section 5.10 6.08 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures outstandingthe Notes at the time outstanding determined in accordance with Section 8.04, or to any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of, or premium, if any, or interest on or Additional Interest, if any, on, any such Debenture against the Company Note on or after the same shall have become due and payabledate expressed in such Note.

Undertaking to Pay Costs. All parties to this Indenture agree, agree and each Holder of any Note by his or her 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 any 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 51 the claims or defenses made by such party litigant; but the provisions of this Section 5.10 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures outstandingthe Notes, or to any suit instituted by any Holder Holders for the enforcement of the payment of the principal of, premiumof or interest or Liquidated Damages, if any, or interest on any such Debenture Note against the Company Issuer on or after the same shall have become due and payabledate of such Note.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Note by his or her 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; but provided, however, that the provisions of this Section 5.10 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of any series of Debentures outstandingthe Notes at the time outstanding determined in accordance with Section 9.04, or to any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of, of or premium, if any, or interest on any such Debenture against the Company Note on or after the same shall have become due and payabledate expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Debentures by his or her 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; but the provisions of this Section 5.10 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any HolderDebentureholder, or group of Holders, Debenture holders holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures outstandingthe Outstanding Debentures, or to any suit instituted by any Holder Debentureholder for the enforcement of the payment of the principal of, premium, if any, of or interest on any such 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.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Note by his or her such holder's 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; but provided, that the provisions of this Section 5.10 7.9 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of any series of Debentures outstandingthe Notes at the time outstanding determined in accordance with Section 9.4, or to any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of, of or premium, if any, or interest on any such Debenture against the Company Note on or after the same shall have become due and payabledate expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provision of Article XV.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Note by his or her 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; but provided that the provisions of this Section 5.10 6.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of any series of Debentures outstandingthe Notes at the time outstanding determined in accordance with Section 8.04, or to any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of, premium, if any, of or interest Interest on any such Debenture against the Company Note on or after the same shall have become due and payabledate expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 14.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note by his or her acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, 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; but the provisions of this Section 5.10 7.13 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures the Notes then outstanding, or to any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of, premium, if any, of or any premium or interest on any such Debenture against the Company Note on or after the same shall have become due and payabledate expressed in such Note.

Undertaking to Pay Costs. All parties to this ------------------------ Indenture agree, and each Holder holder of any Note by his or her 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; but the provisions of this Section 5.10 7.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures the Notes outstanding, or to any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of, of or premium, if any, or interest on any such Debenture against the Company Note on or after the same shall have become due and payabledate expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note by his or her acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken 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 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; but the provisions of this Section 5.10 10.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures the Notes then outstanding, or to any suit instituted by any Holder Holders for the enforcement of the payment of the principal of, premiumof or interest, if any, or interest on any such Debenture Note against the Company on or after the same shall have become due and payabledate expressed in such Note.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Note by his or her acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such 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; but the provisions of this Section 5.10 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder, Noteholder or group of Holders, Noteholders holding in the aggregate more than 10% in aggregate principal amount of any series of Debentures the Notes outstanding at the time outstanding, or to any suit instituted by any Holder 19 24 Noteholder for the enforcement of the payment of the principal of, premium, if any, of or interest on any such Debenture Note against the Company on or after the same shall have become due and payable. SECTION 5.11.