Common use of Undertaking to Pay Court Costs Clause in Contracts

Undertaking to Pay Court Costs. All parties to this Pass Through Trust Agreement, and each Certificateholder by his acceptance of a Certificate, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust Agreement, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder or group of Certificateholders evidencing Fractional Undivided Interests aggregating more than 10% of the Pass Through Trust, (b) any suit, action or proceeding instituted by any Certificateholder for the enforcement of the distribution of payments pursuant to Section 4.2 hereof on or after the respective due dates expressed herein or (c) any suit, action or proceeding instituted by the Pass Through Trustee or as to which the Pass Through Trustee is made a party.

Undertaking to Pay Court Costs. All parties to this Pass Through Trust AgreementIndenture, and each Certificateholder Holder by his acceptance of a CertificateSecurity, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust AgreementIndenture, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys' fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder or group of Certificateholders evidencing Fractional Undivided Interests aggregating more than 10% of the Pass Through TrustTrustee, (b) any suit, action or proceeding instituted by any Certificateholder for Holder or group of Holders holding in the enforcement aggregate more than 10% in aggregate principal amount of the distribution of payments pursuant to Section 4.2 hereof on or after the respective due dates expressed herein Securities then Outstanding or (c) any suit, action or proceeding instituted by any Holder for the Pass Through Trustee enforcement of the payment of the principal of or as to which premium, if any, or interest on any of the Pass Through Trustee is made a partySecurities, on or after the respective due dates expressed therein.

Undertaking to Pay Court Costs. All parties to this Pass Through Trust Agreement, and each Certificateholder by his acceptance of a Certificate, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust Agreement, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys' fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder or group of Certificateholders evidencing Fractional Undivided Interests aggregating more than 10% of the Pass Through Trust, (b) any suit, action or proceeding instituted by any Certificateholder for the enforcement of the distribution of payments pursuant to Section 4.2 4.02 hereof on or after the respective due dates expressed herein or (c) any suit, action or proceeding instituted by the Pass Through Trustee or as to which the Pass Through Trustee is made a partyTrustee.

Undertaking to Pay Court Costs. All parties to this Pass Through Trust Agreement, and each Certificateholder by his acceptance of a Certificate, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust Agreement, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys' fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 6.6 shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder Holder, or group of Certificateholders Holders, holding in the aggregate Certificates evidencing Fractional Undivided Interests aggregating more than 10% of the Pass Through Trust, (b) any suit, action or proceeding instituted by any Certificateholder for the enforcement of the distribution of payments pursuant to Section 4.2 hereof on or after the respective due dates expressed herein or (c) any suit, action or proceeding instituted by the Pass Through Trustee or as to which the Pass Through Trustee is made a partyTrustee.

Undertaking to Pay Court Costs. All parties to this Pass Pass-Through Trust Agreement, and each Certificateholder by his acceptance of a Certificate, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Pass-Through Trust Agreement, or in any suit, action or proceeding against the Pass Pass-Through Trustee for any action taken or omitted by it as Pass Pass-Through Trustee hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys' fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigantlitigant it being understood that any such requirement for the Pass-Through Trustee to assume any such costs is subject to the limitations set forth in Section 7.1 hereof; providedPROVIDED, howeverHOWEVER, that the provisions of this Section shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder Holder, or group of Certificateholders Holders, holding in the aggregate Certificates evidencing Fractional Undivided Divided Interests aggregating more than 10% of the Pass Pass-Through Trust, (b) any suit, action or proceeding instituted by any Certificateholder for the enforcement of the distribution of payments pursuant to Section 4.2 hereof on or after the respective due dates expressed herein or (c) any suit, action or proceeding instituted by the Pass Pass-Through Trustee or as to which the Pass Through Trustee is made a party.Trustee. Section 6.7

Undertaking to Pay Court Costs. All parties to this Pass Through Trust Agreement, and each Certificateholder by his or her acceptance of a Certificate, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust Agreement, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys' fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 6.06 shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder or group of Certificateholders evidencing Fractional Undivided Interests aggregating more than 10% of the Pass Through Trust, (b) any suit, action or proceeding instituted by any Certificateholder for the enforcement of the distribution of payments pursuant to Section 4.2 hereof 4.02 on or after the respective due dates expressed herein or (c) any suit, action or proceeding instituted by the Pass Through Trustee or as to which the Pass Through Trustee is made a partyTrustee.

Undertaking to Pay Court Costs. All parties to this Pass Through Basic Agreement and the related Trust AgreementSupplement, and each Certificateholder by his acceptance of a Certificate, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Basic Agreement or the related Trust AgreementSupplement, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunderhereunder or under the related Trust Supplement, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys’ fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder or group of Certificateholders of any series evidencing Fractional Undivided Interests aggregating more than 10% of the Pass Through relevant Trust, (b) any suit, action or proceeding instituted by any Certificateholder of any series for the enforcement of the distribution of payments pursuant to Section 4.2 4.02 hereof on or after the respective due dates expressed herein or (c) any suit, action or proceeding instituted by the Pass Through Trustee or as to which the Pass Through Trustee is made a partyTrustee.

Undertaking to Pay Court Costs. All parties to this Pass Through Trust ------------------------------ Agreement, and each Certificateholder by his acceptance of a Certificate, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust Agreement, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys' fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, -------- however, that the provisions of this Section shall not apply to (a) any suit, ------- action or proceeding instituted by any Certificateholder or group of Certificateholders of any series evidencing Fractional Undivided Interests aggregating more than 10% of the Pass Through related Trust, (b) any suit, action or proceeding instituted by any Certificateholder for the enforcement of the distribution of payments pursuant to Section 4.2 hereof on or after the respective due dates expressed herein or (c) any suit, action or proceeding instituted by the Pass Through Trustee or as to which the Pass Through Trustee is made a partyTrustee.

Undertaking to Pay Court Costs. All parties to this Pass Through Trust AgreementIndenture, and each Certificateholder Holder by his acceptance of a CertificateBond, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust Agreementhereunder, or in any suit, action or proceeding suit against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunder, the filing by any party litigant in such suit, action or proceeding of an any undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys' fees, against any party litigant in such suit, action or proceeding, proceeding having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 6.8 shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder or group of Certificateholders evidencing Fractional Undivided Interests aggregating more than 10% of the Pass Through TrustTrustee, (b) any suit, action or proceeding instituted by any Certificateholder for Holder or group of Holders holding in the enforcement aggregate more than ten percent (10%) in aggregate principal amount of the distribution of payments pursuant Outstanding Bonds (other than with respect to Section 4.2 hereof on the Trustee if it is an adverse party in such suit, action or after the respective due dates expressed herein proceeding) or (c) any suit, action or proceeding instituted by any Holder for the Pass Through enforcement of the payment of the principal of, or premium (if any) or interest on, any of the Bonds, on or after the respective due dates expressed therein (other than with respect to the Trustee if it is an adverse party in such suit, action or as to which the Pass Through Trustee is made a partyproceeding).

Undertaking to Pay Court Costs. All parties to this Pass Through ------------------------------ Trust Agreement, and each Certificateholder by his acceptance of a Certificate, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust Agreement, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys' fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section shall not apply -------- ------- to (a) any suit, action or proceeding instituted by any Certificateholder or group of Certificateholders evidencing Fractional Undivided Interests aggregating more than 10% of the Pass Through Trust, (b) any suit, action or proceeding instituted by any Certificateholder for the enforcement of the distribution of payments pursuant to Section 4.2 4.02 hereof on or after the respective due dates expressed herein or (c) any suit, action or proceeding instituted by the Pass Through Trustee or as to which the Pass Through Trustee is made a partyTrustee.

Undertaking to Pay Court Costs. All parties to this Pass Through Trust Agreement, and each Certificateholder by his its acceptance of a Certificate, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust Agreement, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys' fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 6.6 shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder Holder, or group of Certificateholders Holders, holding in the aggregate Certificates evidencing Fractional Undivided Interests aggregating more than 10% of the Pass Through Trust, (b) any suit, action or proceeding instituted by any Certificateholder for the enforcement of the distribution of payments pursuant to Section 4.2 hereof on or after the respective due dates expressed herein or (c) any suit, action or proceeding instituted by the Pass Through Trustee or as to which the Pass Through Trustee is made a partyTrustee.

Undertaking to Pay Court Costs. All parties to this Pass Through Trust Agreement, and each Certificateholder by his acceptance of a Certificate, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust Agreement, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys' fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigantlitigant being understood that any such requirement for the Pass Through Trustee to assume any such costs is subject to the limitations set forth in Section 7.1 hereof; provided, however, that the provisions of this Section ----------- -------- ------- ------- 6.6 shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder --- Holder, or group of Certificateholders Holders, holding in the aggregate Certificates evidencing Fractional Undivided undivided Interests aggregating more than 10% of the Pass Through Trust, (b) any suit, action or proceeding instituted by any Certificateholder for the enforcement of the distribution of payments pursuant to Section 4.2 ----------- hereof on or after the respective due dates expressed herein or (c) any suit, action or proceeding instituted by the Pass Through Trustee or as to which the Pass Through Trustee is made a partyTrustee.

Undertaking to Pay Court Costs. All parties to this Pass Through Trust AgreementIndenture, and each Certificateholder Securityholder by his acceptance of a CertificateSecurity, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust AgreementIndenture, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys' fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder or group of Certificateholders evidencing Fractional Undivided Interests aggregating more than 10% of the Pass Through TrustTrustee, (b) any suit, action or proceeding instituted by any Certificateholder for Securityholder or group of Securityholders holding in the enforcement aggregate more than 10% in aggregate principal amount of the distribution of payments pursuant to Section 4.2 hereof on or after the respective due dates expressed herein Securities then Outstanding or (c) any suit, action or proceeding instituted by any Securityholder for the Pass Through Trustee enforcement of the payment of the principal of, or as to which premium, if any, or interest on, any of the Pass Through Trustee is made a partySecurities, on or after the respective due dates expressed therein.

Undertaking to Pay Court Costs. All parties to this Pass Through Trust Agreement------------------------------ Indenture, and each Certificateholder Noteholder by his its acceptance of a CertificateNote, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust AgreementIndenture, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, -------- however, that the provisions of this Section shall not apply to (a) any suit, ------- action or proceeding instituted by any Certificateholder Noteholder or group of Certificateholders evidencing Fractional Undivided Interests aggregating Noteholders representing more than 10% of the Pass Through Trustaggregate unpaid principal amount then outstanding, (b) any suit, action or proceeding instituted by any Certificateholder Noteholder for the enforcement of the distribution payment of payments pursuant to Section 4.2 hereof principal or interest on the Notes on or after the respective due dates expressed herein or (c) any suit, action or proceeding instituted by the Pass Through Trustee or as to which the Pass Through Trustee is made a partyTrustee.

Undertaking to Pay Court Costs. All parties to this Pass Through Trust Agreement, and each Certificateholder by his acceptance of a Certificate, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust Agreement, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys' fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder or group of Certificateholders of any series evidencing Fractional Undivided Interests aggregating more than 10% of the Pass Through related Trust, (b) any suit, action or proceeding instituted by any Certificateholder for the enforcement of the distribution of payments pursuant to Section 4.2 hereof on or after the respective due dates expressed herein or (c) any suit, action or proceeding instituted by the Pass Through Trustee or as to which the Pass Through Trustee is made a partyTrustee.

Undertaking to Pay Court Costs. 59 69 All parties to this Pass Through Trust AgreementIndenture agree, and each Certificateholder Holder of a Bond by his or her acceptance of a Certificatethereof, shall be deemed to have agreed agreed, that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust AgreementIndenture, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee in its capacity hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys' fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.09 shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder or group of Certificateholders evidencing Fractional Undivided Interests aggregating more than 10% of the Pass Through TrustTrustee, (b) any suit, action or proceeding instituted by any Certificateholder for Holder of Bonds or group of Holders of Bonds holding in the enforcement aggregate more than 10% in aggregate principal amount of the distribution of payments pursuant to Section 4.2 hereof on or after the respective due dates expressed herein securities Outstanding or (c) any suit, action or proceeding instituted by any Holder of a Bond for the Pass Through Trustee enforcement of the payment of the principal of or as to which interest on any Bond on or after the Pass Through Trustee is made a partydue date expressed therein (or, in the case of redemption, on or after the date fixed for redemption).

Undertaking to Pay Court Costs. All parties to this Pass Through Trust AgreementIndenture agree, and each Certificateholder Holder of a Security by his or her acceptance of a Certificatethereof, shall be deemed to have agreed agreed, that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust AgreementIndenture, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee in its capacity hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys' fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.09 shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder or group of Certificateholders evidencing Fractional Undivided Interests aggregating more than 10% of the Pass Through TrustTrustee, (b) any suit, action or proceeding instituted by any Certificateholder for Holder of Securities or group of Holders of Securities holding in the enforcement aggregate more than 10% in aggregate principal amount of the distribution of payments pursuant to Section 4.2 hereof on or after the respective due dates expressed herein securities Outstanding or (c) any suit, action or proceeding instituted by any Holder of a Security for the Pass Through Trustee enforcement of the payment of the principal of or as to which interest on any Security on or after the Pass Through Trustee is made a partydue date expressed therein (or, in the case of redemption, on or after the date fixed for redemption).

Undertaking to Pay Court Costs. All parties to this Pass Through Basic Agreement and the related Trust AgreementSupplement, and each Certificateholder by his acceptance of a Certificate, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Basic Agreement or the related Trust AgreementSupplement, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunderhereunder or under the related Trust Supplement, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys' fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder or group of Certificateholders of any series evidencing Fractional Undivided Interests aggregating more than 10% of the Pass Through relevant Trust, (b) any suit, action or proceeding instituted by any Certificateholder of any series for the enforcement of the distribution of payments pursuant to Section 4.2 4.02 hereof on or after the respective due dates expressed herein or (c) any suit, action or proceeding instituted by the Pass Through Trustee or as to which the Pass Through Trustee is made a partyTrustee.

Undertaking to Pay Court Costs. All parties to this Pass Through Trust AgreementIndenture, and each Certificateholder Noteholder by his acceptance of a CertificateNote, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust AgreementIndenture, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder Noteholder or group of Certificateholders evidencing Fractional Undivided Interests aggregating Noteholders representing more than 10% of the Pass Through Trustaggregate unpaid principal amount then outstanding, (b) any suit, action or proceeding instituted by any Certificateholder Noteholder for the enforcement of the distribution payment of payments pursuant to Section 4.2 hereof principal or interest on the Notes on or after the respective due dates expressed herein or (c) any suit, action or proceeding instituted by the Pass Through Trustee or as to which the Pass Through Trustee is made a partyTrustee.

Undertaking to Pay Court Costs. All parties to this Pass Through ------------------------------ Trust Agreement, and each Certificateholder by his acceptance of a Certificate, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust Agreement, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys' fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section -------- ------- shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder or group of Certificateholders evidencing Fractional Undivided Interests aggregating more than 10% of the Pass Through Trust, (b) any suit, action or proceeding instituted by any Certificateholder for the enforcement of the distribution of payments pursuant to Section 4.2 5.02 hereof on or after the respective due dates expressed herein or (c) any suit, action or proceeding instituted by the Pass Through Trustee or as to which the Pass Through Trustee is made a partyTrustee.

Undertaking to Pay Court Costs. All parties to this Pass Through Trust Agreement, and each Certificateholder by his its acceptance of a Certificate, shall be deemed to have agreed that any court may in its discretion require, in any suit, action or proceeding for the enforcement of any right or remedy under this Pass Through Trust Agreement, or in any suit, action or proceeding against the Pass Through Trustee for any action taken or omitted by it as Pass Through Trustee hereunder, the filing by any party litigant in such suit, action or proceeding of an undertaking to pay the costs of such suit, action or proceeding, and that such court may, in its discretion, assess reasonable costs, including reasonable attorney's attorneys’ fees, against any party litigant in such suit, action or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.6 shall not apply to (a) any suit, action or proceeding instituted by any Certificateholder Holder, or group of Certificateholders Holders, holding in the aggregate Certificates evidencing Fractional Undivided Interests aggregating more than 10% of the Pass Through Trust, (b) any suit, action or proceeding instituted by any Certificateholder for the enforcement of the distribution of payments pursuant to Section 4.2 hereof on or after the respective due dates expressed herein or (c) any suit, action or proceeding instituted by the Pass Through Trustee or as to which the Pass Through Trustee is made a partyTrustee.