Common use of Undertaking to Pay Court Costs Clause in Contracts

Undertaking to Pay Court Costs. All parties to this Indenture, and each Holder by his acceptance of a Note, 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 Indenture, or in any suit, action or proceeding against the Trustee for any action taken or omitted by it as 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 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 8.9 regarding such agreement by the parties to this Indenture and each Holder shall not apply to (a) any suit, action or proceeding instituted by the Trustee, (b) any suit, action or proceeding instituted by any Holder or group of Holders holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Notes, or (c) any suit, action or proceeding instituted by any Holder for the enforcement of the payment of the principal of or interest on, any of the Notes, on or after the respective due dates expressed therein.

Undertaking to Pay Court Costs. All parties to this Indenture, and each Holder by his such Holder's acceptance of a NoteSecurity, 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 Indenture, or in any suit, action or proceeding against the Trustee for any action taken or omitted by it as 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 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 8.9 regarding such agreement by the parties to this Indenture and each Holder shall not apply to (a) any suit, action or proceeding instituted by the Trustee, (b) any suit, action or proceeding instituted by any Holder or group of Holders holding in the aggregate more than ten percent (10% %) in aggregate principal amount of the Outstanding Notes, Securities or (c) any suit, action or proceeding instituted by any Holder for the enforcement of the payment of the principal of or premium, if any, or interest on, on any of the NotesSecurities, on or after the respective due dates expressed therein.

Undertaking to Pay Court Costs. All parties to this Indenture, and each Holder Bondholder by his acceptance of a NoteBond, 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 Indenture, or in any suit, action or proceeding against the Trustee for any action taken or omitted by it as Trustee hereunder, the filing by any party litigant in such suit, action or proceeding proceedings 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 including, reasonable 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 8.9 regarding such agreement by the parties to this Indenture and each Holder shall not apply to (a) any suit, action or proceeding instituted by the Trustee, (b) any suit, action or proceeding instituted by any Holder Bondholder or group of Holders Bondholders holding in the aggregate more than 10% in aggregate principal amount of the Bonds then Outstanding Notes, or (c) any suit, action or proceeding instituted by any Holder Bondholder for the enforcement of the payment of the principal of of, or premium, if any, or interest on, any of the NotesBonds, on or after the respective due dates expressed therein.

Undertaking to Pay Court Costs. All parties to this ------------------------------ Indenture, and each Holder by his its acceptance of a NoteBond, 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 Indenture, or in any suit, action or proceeding against the Trustee for any action taken or omitted by it as 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 attorneys' feesattorney's fees and expenses, against any party litigant in such suit, action or proceeding, proceeding having due regard to the merits and good faith of the claims claim or defenses made by such party litigant; provided, however, that the provisions of this -------- ------- Section 8.9 regarding such agreement by the parties to this Indenture and each Holder shall not apply to (a) any suit, action or proceeding instituted by ----------- the Trustee, (b) any suit, action or proceeding instituted by any Holder or group of Holders holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Notes, Bonds or (c) any suit, action or proceeding instituted by any Holder for the enforcement of the payment of the principal of or interest on, on any of the Notes, Bonds on or after the respective due dates expressed therein.

Undertaking to Pay Court Costs. All parties to this Indenture, and each Holder by his acceptance of a NoteBond, 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 Indenture, or in any suit, action or proceeding against the Trustee for any action taken or omitted by it as 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 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 8.9 regarding such agreement by the parties to this Indenture and each Holder 9.9 shall not apply to (a) any suit, action or proceeding instituted by the Trustee, (b) any suit, action or proceeding instituted by any Holder or group of Holders holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Notes, Bonds or (c) any suit, action or proceeding instituted by any Holder for the enforcement of the payment of the principal of of, or premium, if any, or interest on, any of the NotesBonds, on or after the respective due dates expressed therein.

Undertaking to Pay Court Costs. All parties to this Indenture, and each Holder by his its acceptance of a NoteBond, 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 Indenture, or in any suit, action or proceeding against the Trustee for any action taken or omitted by it as Trustee hereunder, the filing filling 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 attorneys' feesattorney's fees and expenses, against any party litigant in such suit, action or proceeding, proceeding having due regard to the merits and good faith of the claims claim or defenses made by such party litigant; provided, however, that the provisions of this Section 8.9 regarding such agreement by the parties to this Indenture and each Holder shall not apply to (a) any suit, action or proceeding instituted by the Trustee, (b) any suit, action or proceeding instituted by any Holder or group of Holders holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Notes, Bonds or (c) any suit, action or proceeding instituted by any Holder for the enforcement of the payment of the principal of or interest on, on any of the Notes, Bonds on or after the respective due dates expressed therein.

Undertaking to Pay Court Costs. All parties to this Indenture, and each Holder Bondholder by his acceptance of a NoteBond, 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 Indenture, or in any suit, action or proceeding against the Trustee for any action taken or omitted by it as 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 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; providedPROVIDED, howeverHOWEVER, that the provisions of this Section 8.9 9.9 regarding such agreement by the parties to this Indenture and each Holder Bondholder shall not apply to (a) any suit, action or proceeding instituted by the Trustee, (b) any suit, action or proceeding instituted by any Holder Bondholder or group of Holders Bondholders holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Notes, Bonds or (c) any suit, action or proceeding instituted by any Holder Bondholder for the enforcement of the payment of the principal of of, or premium, if any, or interest on, any of the NotesBonds, on or after the respective due dates expressed therein.

Undertaking to Pay Court Costs. All parties to this Indenture, and each Holder Bondholder by his acceptance of a NoteBond, 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 Indenture, or in any suit, action or proceeding against the Trustee for any action taken or omitted by it as 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 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 8.9 9.9 regarding such agreement by the parties to this Indenture and each Holder Bondholder shall not apply to (a) any suit, action or proceeding instituted by the Trustee, (b) any suit, action or proceeding instituted by any Holder Bondholder or group of Holders Bondholders holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Notes, Bonds or (c) any suit, action or proceeding instituted by any Holder Bondholder for the enforcement of the payment of the principal of of, or premium, if any, or interest on, any of the NotesBonds, on or after the respective due dates expressed therein.