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 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 that, the provisions of this Section 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes at 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 premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, as provided in this Indenture) on or after the due date expressed or provided for 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 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, 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 thatprovided, that the provisions of this Section 7.09 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in aggregate principal amount of the Notes at the time outstanding determined in accordance with Section 9.048.04, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued (including both the cash interest and unpaid Contingent Interest, if any, or accrued PIK Interest portions thereof) and unpaid Additional Interest, if any, any applicable Notes Premium on any Note (including, but not limited to, the Redemption Price, the Fundamental Change Repurchase Price and the Fundamental Change Asset Sale Offer Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, 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 enforcement of the right to convert any Note Note, or receive the consideration due upon conversion, in accordance with the provisions of Article 1514.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note by its 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 that, that the provisions of this Section 7.09 (to the extent permitted by law) 7.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 1020% in principal amount of the Notes at the time outstanding Outstanding determined in accordance with Section 9.049.4, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or premium, if any, premium (including Liquidated Damages and/or Extension Fees to the extent accrued and unpaid interest or accrued and unpaid Contingent Interestbut unpaid), if any, or accrued and unpaid Additional Interest, if any, interest on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change redemption price or Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, 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 enforcement of the right to convert any Note in accordance with the provisions of Article 15XV. This Section 7.9 shall be in lieu of Section 3.15 of the Trust Indenture Act and Section 3.15(e) of the Trust Indenture Act is hereby excluded from this Indenture, as permitted by the Trust Indenture Act.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Note Junior Subordinated Debentures by its 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 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 that, but the provisions of this Section 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderSecurityholder, or group of NoteholdersSecurityholders, holding in the aggregate more than 10% in aggregate principal amount of the Notes at the time outstanding determined in accordance with Section 9.04Outstanding Junior Subordinated Debentures, or to any suit instituted by any Noteholder Securityholder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, as provided in this Indenture) Junior Subordinated Debentures on or after the due date expressed or provided for dates thereof. ARTICLE VIII FORM OF JUNIOR SUBORDINATED DEBENTURE AND ORIGINAL ISSUE 8.1 FORM OF JUNIOR SUBORDINATED DEBENTURE. The Junior Subordinated Debenture and the Trustee's Certificate of Authentication to be endorsed thereon are to be substantially in such Note or the forms contained as Exhibit A to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15this Indenture, attached hereto and incorporated herein by reference.

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, 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 that, that the provisions of this Section 7.09 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.048.04, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interestinterest, if any, on any Note (including, but not limited to, the Redemption Price, Price with respect to the Notes being redeemed and the Repurchase Price and the or Fundamental Change Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, 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 enforcement of the right to convert any Note in accordance with the provisions of Article 1514.

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, in its discretion, require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Agent or the Trustee for any action taken or omitted by it as TrusteeAgent or Trustee (as applicable), the filing by any party litigant in such 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 that, that the provisions of this Section 7.09 5.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.0412.04, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interestinterest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Purchase Price with respect to the Notes being redeemed repurchased as provided in this Indenture or repurchased, as applicable, the Redemption Price with respect to the Notes submitted for Redemption as provided in this Indenture) on or after the due date expressed or provided for in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 154.

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, 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 that, that the provisions of this Section 7.09 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.048.04, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, 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 enforcement of the right to convert any Note in accordance with the provisions of Article 15.14. Article 7

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, 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 that, that the provisions of this Section 7.09 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.048.04, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, 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 enforcement of the right to convert exchange any Note in accordance with the provisions of Article 1514.

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, 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 that, that the provisions of this Section 7.09 ‎Section 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.04‎Section 8.04, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Repurchase Price, the Repurchase Tax Redemption Price and the Fundamental Change Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, 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 enforcement of the right to convert any Note in accordance with the provisions of Article 15‎Article 14.

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, or in any suit against the Agent or the Trustee for any action taken or omitted by it as TrusteeAgent or Trustee (as applicable), the filing by any party litigant in such 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 that, that the provisions of this Section 7.09 5.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.0412.04, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interestinterest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Purchase Price with respect to the Notes being redeemed repurchased as provided in this Indenture or repurchased, as applicable, the Redemption Price with respect to the Notes submitted for redemption as provided in this Indenture) on or after the due date expressed or provided for in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 154.

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, 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 that, that the provisions of this Section 7.09 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.048.04, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, 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 enforcement of the right to convert any Note Note, or receive the consideration due upon conversion, in accordance with the provisions of Article 1514.

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, 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 that, that the provisions of this Section 7.09 7.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes at 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 premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the or Fundamental Change Repurchase Price Price, as applicable, with respect to the Notes being redeemed or repurchased, as applicable, as provided in this Indenture) on or after the due date expressed or provided for 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 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, 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 that, that the provisions of this Section 7.09 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.048.04, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price, if applicable) of, the Redemption Price of (if applicable), any Make-Whole Premium with respect to the Notes being redeemed to, or repurchasedaccrued and unpaid interest, as applicableif any, as provided in this Indenture) on any Note on or after the due date expressed or provided for in such Note or to any suit for the enforcement of the right to convert any Note Note, or receive the consideration due upon conversion (including any Make-Whole Premium), in accordance with the provisions of Article 1514.

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, 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 that, that the provisions of this Section 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes at 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 premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and or the Fundamental Change Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, 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 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 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, 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 that, that the provisions of this Section 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes at 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 premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Fundamental Change Purchase Price and the Fundamental Change Repurchase Price Changes in Canadian Tax Law Purchase Price, if applicable, with respect to the Notes being redeemed or repurchased, as applicable, purchased as provided in this Indenture) on or after the due date expressed or provided for 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 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, 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 that, that the provisions of this Section 7.09 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.048.04, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal Accreted Principal Amount of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interestinterest, if any, on any Note (including, but not limited to, the Redemption Price, the Fundamental Change Repurchase Price and the Fundamental Change Repurchase Purchase Price with respect to the Notes being repurchased as provided in this Indenture and the Redemption Price with respect to the Notes being redeemed or repurchased, as applicable, as provided in this Indenture) on or after the due date expressed or provided for in such Note or to any suit for the enforcement of the right to convert any Note (including the right to receive the consideration due upon conversion) in accordance with the provisions of Article 1514.

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, 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 that, the provisions of this Section 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes at 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 premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, as provided in this Indenture) on or after the due date expressed or provided for in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 1514.

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, 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 that, that the provisions of this Section 7.09 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.048.04, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interestinterest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price, Specified Date Repurchase Price or Redemption Price with respect to the Notes being repurchased or redeemed or repurchased, as applicable, as provided in this Indenture) on or after the due date expressed or provided for in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 1514.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note Debenture by its 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 that, that the provisions of this Section 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderDebentureholder, or group of NoteholdersDebentureholders, holding in the aggregate more than 10% in principal amount of the Notes Debentures at the time outstanding determined in accordance with Section 9.04, or to any suit instituted by any Noteholder Debentureholder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid interest, including Contingent Interest, if any, or accrued and unpaid Additional InterestLiquidated Damages, if any, on any Note Debenture (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change or Designated Event Repurchase Price with respect to the Notes Debentures being redeemed or repurchased, as applicable, repurchased as provided in this Indenture) on or after the due date expressed or provided for in such Note Debenture or to any suit for the enforcement of the right to convert any Note Debenture in accordance with the provisions of Article 15.

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, 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 that, that the provisions of this Section 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes at 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 premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Purchase Price with respect to the Notes being redeemed or repurchased, as applicable, 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 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 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, 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 for the merits and good faith of the claims or defenses made by such party litigant; provided that, that the provisions of this Section 7.09 6.10 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.04outstanding, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and or the Fundamental Change Repurchase Price Price, as the case may be, with respect to the Notes being redeemed or repurchased, as applicable, repurchased as provided in this Indenture) or a Default in the delivery of the Conversion Obligation due upon conversion on or after the due date expressed or provided for in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 1510.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note Debenture by its 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 thatprovided, however, that the provisions of this Section 7.09 (to the extent permitted by law) 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderSecurityholder, or group of NoteholdersSecurityholders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.04Debentures outstanding, or to any suit instituted by any Noteholder Securityholder for the enforcement of the payment of the principal of (or premium, if any, accrued and unpaid ) or interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited toDebenture against the Company on or after the same shall have become due and payable. <PAGE> CONCERNING THE TRUSTEE Duties and Responsibilities of Trustee. With respect to the holders of Debentures issued hereunder, the Redemption PriceTrustee, prior to the Repurchase Price and the Fundamental Change Repurchase Price occurrence of an Event of Default with respect to the Notes being redeemed Debentures and after the curing or repurchasedwaiving of all Events of Default which may have occurred, with respect to the Debentures, undertakes to perform such duties and only such duties as applicable, as provided are specifically set forth in this Indenture) on , and no implied covenants shall be read into this Indenture against the Trustee. In case an Event of Default with respect to the Debentures has occurred (which has not been cured or waived), the Trustee shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs. No provision of this Indenture shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act or its own willful misconduct, except that: prior to the occurrence of an Event of Default with respect to Debentures and after the due date curing or waiving of all Events of Default which may have occurred the duties and obligations of the Trustee with respect to Debentures shall be determined solely by the express provisions of this Indenture, and the Trustee shall not be liable except for the performance of such duties and obligations with respect to the Debentures as are specifically set forth in this Indenture, and no implied covenants or obligations shall be read into this Indenture against the Trustee, and in the absence of bad faith on the part of the Trustee, the Trustee may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any certificates or provided opinions furnished to the Trustee and conforming to the requirements of this Indenture; but, in the case of any such certificates or opinions which by any provision hereof are specifically required to be furnished to the Trustee, the Trustee shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Indenture; the Trustee shall not be liable for any error of judgment made in such Note good faith by a Responsible Officer or Officers of the Trustee, unless it shall be proved that the Trustee was negligent in ascertaining the pertinent facts; and the Trustee shall not be liable with respect to any suit for the enforcement of the right action taken or omitted to convert any Note be taken by it in good faith, in accordance with the direction of the Securityholders pursuant to Section 5.7, relating to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee, under this Indenture. None of the provisions contained in this Indenture shall require the Trustee to expend or risk its own funds or otherwise incur personal financial liability in the performance of Article 15any of its duties or in the exercise of any of its rights or powers, if there is ground for believing that the repayment of such funds or liability is not assured to it under the terms of this Indenture or indemnity satisfactory to the Trustee against such risk is not reasonably assured to it.

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, 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 that, that the provisions of this Section 7.09 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.048.04, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, 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 enforcement of the right to convert any Note Note, or receive the consideration due upon conversion, in accordance with the provisions of Article 15XIV.

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, 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 that, that the provisions of this Section 7.09 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.048.04, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, 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 enforcement of the right to convert any Note in accordance with the provisions of Article 1514.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note Noteholder 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, 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 that, that the provisions of this Section 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes at 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 premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if anyof, or accrued and unpaid Additional Interestinterest on, if any, on any Note (including, but not limited to, the Redemption Price, the Fundamental Change Repurchase Price and the Fundamental Change Repurchase Redemption Price with respect to the Notes being redeemed or repurchased, as applicable, 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 enforcement of the right to convert any Note in accordance with the provisions of Article 15.

Undertaking to Pay Costs. All parties to this the 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 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 (other than the Trustee) of an undertaking to pay the costs of such suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in such suitsuit (other than the Trustee), having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided that, that the provisions of this Section 7.09 5.12 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.042.09 of the Base Indenture, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interestinterest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, repurchased as provided in this Supplemental Indenture) on or after the due date expressed or provided for in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 1511.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Note Security or coupon by its 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' 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 that, but the provisions of this Section 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, Holder or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount at Stated Maturity of the Notes at Securities outstanding of that series (or, in case of any suit relating to or arising under clause (d), (e) or (f) of Section 7.01, 10% in principal amount of all Securities outstanding (in the time outstanding case of Original Issue Discount Securities, such principal amount to be determined as provided in accordance with Section 9.04, 2.01(9))) or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interestinterest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, as provided in this Indenture) Security on or after the due date respective Stated Maturities expressed or provided for in such Note Securities (or to any suit for in the enforcement case of redemption or repayment on or after the right to convert any Note in accordance with the provisions of Article 15.redemption date or repayment date). ARTICLE EIGHT

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note by its 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 that, that the provisions of this Section 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes at 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 premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the or Fundamental Change Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, 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 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 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, 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 that, that the provisions of this Section 7.09 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.04outstanding, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or of, and premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change of Control Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, repurchased as provided in this Indenture) or 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 enforcement of the right to convert any Note in accordance with payment or delivery of consideration due upon exchange. ARTICLE 7 Concerning the provisions of Article 15.Trustee

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note Debenture by its 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' 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 that, that the provisions of this Section 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderDebentureholder, or group of NoteholdersDebentureholders, holding in the aggregate more than 10% in principal amount of the Notes Debentures at the time outstanding determined in accordance with Section 9.04, or to any suit instituted by any Noteholder Debentureholder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note Debenture (including, but not limited to, the Redemption Price, the Repurchase Price and the or Fundamental Change Repurchase Price with respect to the Notes Debentures being redeemed or repurchased, as applicable, repurchased as provided in this Indenture) on or after the due date expressed or provided for in such Note Debenture or to any suit for the enforcement of the right to convert any Note Debenture 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 Junior Subordinated Debentures by its such Xxxxxx'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 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 that, but the provisions of this Section 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderSecurityholder, or group of NoteholdersSecurityholders, holding in the aggregate more than 10% in aggregate principal amount of the Notes at the time outstanding determined in accordance with Section 9.04Outstanding Junior Subordinated Debentures, or to any suit instituted by any Noteholder Securityholder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price with respect to the Notes being redeemed or repurchased, as applicable, as provided in this Indenture) Junior Subordinated Debentures on or after the due date expressed dates thereof. ARTICLE EIGHT FORM OF JUNIOR SUBORDINATED DEBENTURE AND ORIGINAL ISSUE SECTION 8.1. FORM OF JUNIOR SUBORDINATED DEBENTURE The Junior Subordinated Debenture and the Trustee's Certificate of Authentication to be endorsed thereon are to be substantially in the forms contained as Exhibit A to this Indenture, attached hereto and incorporated herein by reference. SECTION 8.2. ORIGINAL ISSUE OF JUNIOR SUBORDINATED DEBENTURES Junior Subordinated Debentures in the aggregate principal amount of $11,340,200 may, upon execution of this Indenture, be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and deliver the Junior Subordinated Debentures to or provided for in such Note or to any suit for upon the enforcement written order of the right to convert Company, signed by its Chairman, its Vice Chairman, its President, any Note in accordance with Vice President or its Chief Financial Officer, without any further action by the provisions of Article 15Company.

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, 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 that, that the provisions of this Section 7.09 ‎Section 6.10 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.04‎Section 8.04, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interestinterest, if any, on any Note (including, but not limited to, to the Redemption Repurchase Price, the Fundamental Change Repurchase Price and the Fundamental Change Repurchase Redemption Price with respect to the Notes being repurchased or redeemed or repurchased, as applicable, as provided in this Indenture) on or after the due date expressed or provided for in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15‎Article 14.

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, 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 that, that the provisions of this Section 7.09 6.11 [Undertaking to Pay Costs] (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.048.04 [Company-Owned Notes Disregarded], or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or premium, if any, accrued and unpaid interest or accrued and unpaid Contingent Interest, if any, or accrued and unpaid Additional Interestinterest, if any, on any Note (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price with respect to the Notes being redeemed or repurchasedPrice, as if applicable, as provided in this Indenture) on or after the due date expressed or provided for in such Note or to any suit for the enforcement of the right to convert any Note Note, or receive the consideration due upon conversion, in accordance with the provisions of Article 1514 [Conversion of Notes]. Article 7 Concerning the Trustee Section 7.01.