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 Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees, against any 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 7.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders of any series, holding in the aggregate more than 10% in principal amount of the Securities of that series (or in the case of any suit relating to or arising under clause (c), (d) or (e) of Section 7.01, 10% in aggregate principal amount of all Securities) outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or premium, if any, or interest on any Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees, against any 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 7.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderSecurityholders, or group of Securityholders of any seriesSecurityholders, holding in the aggregate more than 10% ten percent in principal amount of the Securities of that series (or in the case outstanding of any suit relating to or arising under clause (c), (d) or (e) of Section 7.01, 10% in aggregate principal amount of all Securities) outstandingseries, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any, ) or interest on any Security against the Company Corporation on or after the same shall have become due and payable.date expressed in such Security or the right to exchange any Security for Capital Securities as provided in Article Seventeen. 44 37

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' 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 7.09 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Securityholder or group of Securityholders of any series, holding in the aggregate more than 10% in principal amount of the Securities of that series (or in outstanding at the case of any suit relating to or arising under clause (c), (d) or (e) of Section 7.01, 10% in aggregate principal amount of all Securities) time outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any, ) or interest on any Security against the Company on or after the same shall have become due and payable.interest

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees, against any 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 7.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders of any seriesSecurityholders, holding in the aggregate more than 10% ten percent in principal amount of the Securities of that series (or in the case outstanding of any suit relating to or arising under clause (c), (d) or (e) of Section 7.01, 10% in aggregate principal amount of all Securities) outstandingseries, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest, or interest if any, on any Security against the Company Corporation on or after the same shall have become due and payabledate expressed in such Security. The provisions of this Section 7.09 will not apply to any suit instituted by a Securityholder for the enforcement of the right to convert any Convertible Security in accordance with Article Sixteen of this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' 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 7.09 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Securityholder or group of Securityholders of any seriesSecurityholders, holding in the aggregate more than 10% ten percent in principal amount of the Securities of that any series (or in the case of any suit relating to or arising under clause (c), (d) or (e) of Section 7.01, 10% in aggregate principal amount of all Securities) outstandingthen Outstanding, or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of or premiuminterest, if any, or interest on any Security against the Company Issuer on or after the same shall have become due and payabledate expressed in such Security.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees, against any 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 7.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderSecurityholders, or group of Securityholders of any seriesSecurityholders, holding in the aggregate more than 10% ten percent in principal amount of the Securities of that series (or in the case outstanding of any suit relating to or arising under clause (c), (d) or (e) of Section 7.01, 10% in aggregate principal amount of all Securities) outstandingseries, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any, ) or interest on any Security against the Company Corporation on or after the same shall have become due and payabledate expressed in such Security or the right to exchange any Security for Capital Securities as provided in Article Seventeen.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' 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 7.09 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders of any series, series holding in the aggregate more than 10% in principal amount of the Securities of that series (or or, in the case of any suit relating to or arising under clause (c), (d) or (e) of Section 7.015.01, 10% in aggregate principal amount of all Securities) outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or premium, if any, or interest on any Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' 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 7.09 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Securityholder or group of Securityholders of any seriesSecurityholders, holding in the aggregate more than 10% ten percent in principal amount of the Securities of that any series (or in the case of any suit relating to or arising under clause (c), (d) or (e) of Section 7.01, 10% in aggregate principal amount of all Securities) outstandingthen Outstanding, or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of of, or premiuminterest, if any, or interest on any Security against the Company Issuer on or after the same shall have become due and payabledate expressed in such Security or for the enforcement of the right to convert any Security in accordance with Article XIII. The provisions of Section 315(e) of the Trust Indenture Act of 1939 are expressly excluded herefrom.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees, against any 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 7.09 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders of any series, holding in the aggregate more than 10% in principal amount of the Securities of that series (or or, in the case of any suit relating to or arising under clause (c), (d) or (e) of Section 7.015.01, 10% in aggregate principal amount of all Securities) outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or premium, if any, or interest on any Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' attorney's fees, against any 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 7.09 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Securityholder or group of Securityholders of any seriesSecurityholders, holding in the aggregate more than 10% ten percent in principal amount of the Securities of that any series (or in the case of any suit relating to or arising under clause (c), (d) or (e) of Section 7.01, 10% in aggregate principal amount of all Securities) outstandingthen Outstanding, or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of or premiuminterest, if any, or interest on any Security against the Company Issuer on or after the same shall have become due and payable.date expressed in such Security. ARTICLE SIX Concerning the Trustee Section 6.1