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 Securities 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, 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 EXHIBIT 4.12 assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Debenture by such holder’s 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 EXHIBIT 4.12 assess reasonable costs, including reasonable attorneys’ fees and expensesfees, against any party litigant in such suit, having have 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 institute by any SecurityholderDebentureholder, or group of SecurityholdersDebentureholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Outstanding Securities Debentures of any seriesseries outstanding, or to any suit instituted by any Securityholder holder of a Debenture of any series for the enforcement of the payment of the principal of (or of, premium, if any) , or interest interest, if any, on any Security Debenture of such series, series on or after the respective due dates date expressed in such Security or established pursuant to this IndentureDebenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Debenture and each Holder of any Coupon, by such holder’s his acceptance thereof thereof, shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion EXHIBIT 4.12 assess reasonable costs, costs including reasonable attorneys’ fees and expensesattorney's fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 509 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Holder or group of SecurityholdersHolders, holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Securities Applicable Debentures of any series or all series, as the case may be. Outstanding, or to any suit instituted by any Securityholder Holder of any series for the enforcement of the payment of the principal of (or of, premium, if any) , or interest on any Security Debenture of such series, series on or after the respective due dates date expressed in such Security or established pursuant to this IndentureDebenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of a Security of any Securities particular series by such holder’s its acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion discretion, require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion EXHIBIT 4.12 assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 508 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderHolder of Securities of such series, or group of SecurityholdersHolders of such series, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Outstanding Securities of any seriessuch series at the time Outstanding, or to any suit instituted by any Securityholder Holder of Securities of such series for the enforcement of the payment of the principal of (or premium, if any) or interest Interest (including the Redemption Price upon redemption pursuant to Article 11 or repurchase price upon repayment pursuant to Article 13) on any such Security of such series, on or after the respective due dates date expressed in such Security or established pursuant to this IndentureSecurity.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Debentures by such holder’s '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 -38- 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 EXHIBIT 4.12 assess reasonable costs, including reasonable attorneys’ fees and expenses' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, Debentureholders holding more than 10% in aggregate principal amount of the Outstanding Securities of any seriesDebentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such seriesthe Debentures, on or after the respective due dates expressed in such Security Debenture or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Debentures by such holder’s 's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion EXHIBIT 4.12 assess 28 reasonable costs, including reasonable attorneys’ fees and expenses' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, Debentureholders of any series holding more than 10% in aggregate principal amount of the Outstanding Securities Debentures of any that series, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such seriesDebentures, on or after the respective due dates expressed in any such Security Debenture or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Debentures by such holder’s 's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion EXHIBIT 4.12 assess reasonable costs, including reasonable attorneys’ ' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, Debentureholders holding more than 10% in aggregate principal amount of the Outstanding Securities of any seriesDebentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such seriesthe Debentures, on or after the respective due dates expressed in such Security Debenture or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Third ------------------------ Amended and Restated Indenture agree, and each holder of any Securities Security by such holder’s 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 Third Amended and Restated Indenture, or in any suit against the Trustee for any action taken taken, omitted or omitted suffered 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 EXHIBIT 4.12 assess reasonable costs, including reasonable attorneys’ fees and expenses' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 6.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, holder of Securities of any series or group of Securityholderssuch holders, holding in the aggregate more than 10% twenty- five percent in aggregate principal amount of the Outstanding Securities of any series, such series or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or of, premium, if any) , or interest interest, if any, on any Security of on or after the due date expressed in such seriesSecurity, on or after the respective due dates expressed in date fixed for redemption or repayment or after such Security or established pursuant to this Indentureshall have become due by declaration.