Common use of Undertaking to Pay Costs Clause in Contracts

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note by acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in 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, against any 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 this Section 8.9 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes outstanding, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium or interest on any Note on or after the due date expressed in such Note or the applicable redemption date.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any 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 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' feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 8.9 6.9 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, Noteholder or group of Noteholders, Noteholders holding in the aggregate more than 10% in principal amount of the Notes outstanding, at the time outstanding (determined in accordance with Section 8.4) or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium of, premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the applicable redemption dateenforcement of the right to convert any Note in accordance with the provisions of Article XIV.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note by acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in 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, against any 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 this Section 8.9 8.09 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes outstanding, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium or interest on any Note on or after the due date expressed in such Note or the applicable redemption date.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any 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 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, against any 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 8.9 7.9 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% ten percent in principal amount of the Notes outstandingat the time outstanding determined in accordance with Section 9.4, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium premium, if any, or interest on any Note on or after the due date expressed in such Note or the applicable redemption date.Note

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any 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 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' feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 8.9 6.9 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, Noteholder or group of Noteholders, Noteholders holding in the aggregate more than 10% in principal amount of the Notes outstanding, at the time outstanding determined in accordance with Section 8.4 or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium of, premium, if any, or interest on any Note on or after the due date expressed in such Note or the applicable redemption dateNote.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note by acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in 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, against any 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 this Section 8.9 8.13 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes then outstanding, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium or interest on any Note on or after the due date expressed in such Note or the applicable redemption date.Note. ARTICLE NINE

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any 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 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' feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 8.9 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% ten percent in principal amount of the Notes outstandingat the time outstanding determined in accordance with Section 9.04, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the applicable redemption dateenforcement 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 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 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, against any 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 8.9 7.9 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, Noteholder or group of Noteholders, Noteholders holding in the aggregate more than 10% ten percent in principal amount of the Notes outstanding, at the time outstanding determined in accordance with Section 9.4 or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium of, premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the applicable redemption dateenforcement of the right to convert any Note in accordance with the provisions of Article XV or of the right to exchange any Note in accordance with the provisions of Article XVII.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note by acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in 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, against any 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 this Section 8.9 8.13 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes then outstanding, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium or interest on any Note on or after the due date expressed in such Note or the applicable redemption dateNote.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any 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 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, against any 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 8.9 7.9 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% ten percent in principal amount of the Notes outstandingat the time outstanding determined in accordance with Section 9.4, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the applicable redemption dateenforcement 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 holder of any 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 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' feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 8.9 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% ten percent in principal amount of the Notes outstandingat the time outstanding determined in accordance with Section 9.04, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the applicable redemption dateenforcement of the right to convert any Note in accordance with the provisions of Article Fifteen.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Note by 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 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, against any 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 8.9 7.9 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% ten percent in principal amount of the Notes outstandingat the time outstanding determined in accordance with Section 9.4, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the applicable redemption dateenforcement 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 of any Note Noteholder 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 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' feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 8.9 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% ten percent in principal amount of the Notes outstandingat the time outstanding determined in accordance with Section 9.04, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the applicable redemption dateenforcement 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 Note by 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 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, against any 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 8.9 7.09 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes outstanding, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the applicable redemption dateenforcement 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 acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in 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, against any 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 this Section 8.9 7.13 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes then outstanding, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium or interest on any Note on or after the due date expressed in such Note or the applicable redemption dateNote.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any 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 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, against any 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 8.9 7.9 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes outstandingat the time outstanding determined in accordance with Section 9.4, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or any premium premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the applicable redemption dateenforcement of the right to convert any Note in accordance with the provisions of Article XV or to require the Company to repurchase any Note in accordance with Article XVI.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture 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' feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 8.9 10.9 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, Holder or group of NoteholdersHolders, holding in the aggregate more than 10% in aggregate principal amount of the Notes then outstanding, or to any suit instituted by any Noteholder Holders for the enforcement of the payment of the principal of or any premium or interest interest, if any, on any Note against the Company on or after the due date thereto expressed in such Note or the applicable redemption dateNote.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note by acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in 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, against any 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 this Section 8.9 8.09 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes outstandingOutstanding, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium premium, if any, or interest on any Note on or after the due date expressed in such Note or the applicable redemption date.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture 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, against any 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 8.9 7.9 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% ten percent in principal amount of the Notes outstandingat the time outstanding determined in accordance with Section 9.4, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the applicable redemption dateenforcement 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 holder of any 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 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, against any 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 8.9 7.9 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% ten percent in principal amount of the Notes outstandingat the time outstanding determined in accordance with Section 9.4, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the applicable redemption dateenforcement 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 acceptance thereof shall be deemed to 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 cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' attorney'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 8.9 10.9 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, Holder or group of NoteholdersHolders, holding in the aggregate more than 10% in aggregate principal amount of the Notes then outstanding, or to any suit instituted by any Noteholder Holders for the enforcement of the payment of the principal of or any premium or interest interest, if any, on any Note against the Company on or after the due date expressed in such Note or the applicable redemption dateNote.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture 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, against any 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 8.9 10.9 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, Holder or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes then outstanding, or to any suit instituted by any Noteholder Holders for the enforcement of the payment of the principal of or any premium or interest interest, if any, on any Note against the Company on or after the due date expressed in such Note or the applicable redemption dateNote.

Undertaking to Pay Costs. All parties to this Indenture agree, agree and each Holder of any 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 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' feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 8.9 5.09 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes outstandingNotes, or to any suit instituted by any Noteholder Holders for the enforcement of the payment of the principal of or any premium interest or interest Liquidated Damages, if any, on any Note against the Issuer on or after the due date expressed in of such Note or the applicable redemption dateNote.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note Security by acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in 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, against any 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 this Section 8.9 7.9 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any NoteholderSecurityholder, or group of NoteholdersSecurityholders, holding in the aggregate more than 10% in principal amount of the Notes outstanding, Securities or to any suit instituted by any Noteholder Securityholder for the enforcement of the payment of the principal of or any premium or interest on any Note Security on or after the due date expressed in such Note Security or the applicable redemption date.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note by 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 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’ 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 8.9 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes outstanding, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or any premium or interest accrued and unpaid interest, if any, on any Note (including, but not limited to, the Fundamental Change Repurchase Price with respect to the Notes being repurchased as provided in this Indenture) on or after the due date expressed or provided for in such Note or to any suit for the applicable redemption dateenforcement of the right to convert any Note in accordance with the provisions of Article XIII.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any 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 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' feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 8.9 6.08 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes outstandingat the time outstanding determined in accordance with Section 8.04, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of of, or any premium premium, if any, or interest on on, any Note on or after the due date expressed in such Note or the applicable redemption dateNote.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Note Notes by 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 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, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; litigant; but the provisions of this Section 8.9 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in aggregate principal amount of the Notes outstandingOutstanding Notes, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of (or any premium premium, if any) or interest on any Note Note, on or after the respective due date dates expressed in such Note or the applicable redemption dateestablished pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this the Indenture agree, and each Holder of any Note by 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 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’ 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 8.9 6.10 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes outstanding, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of (including the Fundamental Change Repurchase Price and Redemption Price, if applicable) of, or any premium or interest accrued and unpaid interest, if any, on any Note on or after the due date expressed or provided for in such Note or to any suit for the applicable redemption dateenforcement of the right to convert any Note in accordance with the provisions of Article XII.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Note the Notes by 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 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, against any 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 8.9 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in aggregate principal amount of the Notes outstandingOutstanding Notes, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of (or any premium premium, if any) or interest on any Note Notes, on or after the respective due date dates expressed in such Note or the applicable redemption dateestablished pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note Security by acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in 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, against any 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 this Section 8.9 7.09 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any NoteholderSecurity holder, or group of NoteholdersSecurity holders, holding in the aggregate more than 10% in principal amount of the Notes Securities outstanding, or to any suit instituted by any Noteholder Security holder for the enforcement of the payment of the principal of or any premium or interest on any Note Security on or after the due date expressed in such Note Security or the applicable redemption date.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any 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 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’ 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 8.9 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% ten percent in principal amount of the Notes outstandingat the time outstanding determined in accordance with Section 9.04, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the applicable redemption dateenforcement 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 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 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’ 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 8.9 6.08 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes outstandingat the time outstanding determined in accordance with Section 8.04, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of of, or any premium premium, if any, or interest on or Additional Interest, if any, on, any Note on or after the due date expressed in such Note or the applicable redemption dateNote.