Common use of Right of Court to Require Filing of Undertaking to Pay Costs Clause in Contracts

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon 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 the Securities of any series for any action 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 shall not apply to any suit instituted by the Trustee for the Securities of any series, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities Outstanding affected thereby or, in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.1, 10% in aggregate principal amount of all Securities Outstanding or to any suit instituted by any Holder of Securities or Coupons for the enforcement of the payment of the principal of, premium, if any, or interest, if any, on any Security or Coupon on or after the due date expressed in such Security or Coupon.

Right of Court to Require Filing of Undertaking to Pay Costs. All Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, all parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding then Outstanding, or, in the case of any suit relating to or arising under clause (d) or (hg) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10l0% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), ) or (hg) (if the suit under clause (d) or (hg) relates to all the Securities then Outstanding), clause (e), ) or (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Coupon.any date fixed for redemption. ARTICLE SIX

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon or coupon 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 the Securities of any series for any action taken, suffered 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 6.01 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities Outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), ) or (f) or (g) of Section 6.16.01, 10% in aggregate principal amount of all Securities Outstanding Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption. The Holders of a majority in principal amount of the Outstanding Securities of such series by notice to the Company and the Trustee may rescind an acceleration and its consequences if (i) all existing Events of Default with respect to the Securities of such series, other than the non-payment of the principal of the Securities which have become due solely by such declaration of acceleration, have been cured or waived, (ii) the Company has paid or deposited with the Trustee a sum sufficient to pay the whole amount then due and payable on such Securities and any coupons appertaining thereto for principal and interest and Additional Amounts, if any, with interest upon the overdue principal and, to the extent that payment of such interest shall be legally enforceable, upon overdue installments of interest or any Additional Amounts, at the rate or rates borne by or provided for in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and (iii) the rescission would not conflict with any judgment or decree. No such rescission shall have any effect on any subsequent default or impair any right consequent thereon.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon by his or her 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 the Securities of any series for any action 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 suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees’ 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 for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), ) or (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon by his or her 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (hg) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), ) or (hg) (if the suit under clause (d) or (hg) relates to all the Securities then Outstanding), ) or (e), ) or (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon 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 the Securities of any series for any action 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 suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees’ 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 for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (dc) or (hf) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), c) or (hf) (if the suit under clause (dc) or (hf) relates to all the Securities then Outstanding), or (e), (fd) or (ge) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (dc) or (hf) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), c) or (hf) (if the suit under clause (dc) or (hf) relates to all the Securities then Outstanding), (e), (fd) or (ge) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Coupon.any date fixed for redemption. ARTICLE SIX

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon Coupon, by 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for Trustee, to any suit instituted by the Securities of any seriesIssuer or Parent, to any suit instituted by any Securityholder or group of Securityholders of any series Series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding Series, or, in the case of any suit relating to or arising under clause (d) or (he) of Section 6.1 5.01 (if the suit relates to Securities of more than one but less than all seriesSeries), 10% in aggregate principal amount of Securities Outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (he) (if the suit under clause (d) or (he) relates to all the Securities then Outstanding), (ef), (fg) or (gh) of Section 6.15.01, 10% in aggregate principal amount of all Securities Outstanding Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or CouponSecurity.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (hg) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), ) or (hg) (if the suit under clause (d) or (hg) relates to all the Securities then Outstanding), or (e), ) or (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (dc) or (h) of Section 6.1 5.01 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), c) or (h) (if the suit under clause (dc) or (h) relates to all the Securities then Outstanding), (d), (e), (f) or (g) of Section 6.15.01, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest (including any Additional Interest) on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Debt Security and each Holder of any Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Debt Securityholder or group of Debt Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Debt Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 5.01 (if the suit relates to Debt Securities of more than one but less than all series), 10% in aggregate principal amount of Debt Securities Outstanding outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (d) or (h) relates to all the Debt Securities then Outstandingoutstanding), (e), (f), (g) or (gh) of Section 6.15.01, 10% in aggregate principal amount of all Debt Securities Outstanding Outstanding, or to any suit instituted by any Holder of Securities or Coupons Debt Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Debt Security or Coupon on or after the due date expressed in such Security or CouponDebt Security.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon 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 the Securities of any series for any action 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 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 shall not apply to to: (a) any suit instituted by the Trustee for the Securities of any series, to Trustee, (b) any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause clauses (d) or (h) of Section 6.1 6.01 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities Outstanding outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause clauses (d), ) or (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstandingoutstanding), (c), (e), (f), (g) or (gi) of Section 6.16.01, 10% in aggregate principal amount of all Securities Outstanding or to outstanding, or (c) any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon Coupon, by 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series Series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding Series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all seriesSeries), 10% in aggregate principal amount of Securities Outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Coupon.Security. ARTICLE SIX

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees’ 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 for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (hg) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), ) or (hg) (if the suit under clause (d) or (hg) relates to all the Securities then Outstanding), or (e), ) or (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10l0% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), ) or (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Coupon.any date fixed for redemption. ARTICLE SIX

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon Coupon, by 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 the Securities of any series for any action 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 suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees’ 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 for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series Series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding Series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all seriesSeries), 10% in aggregate principal amount of Securities Outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or CouponSecurity.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Note or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder Holder or group of Securityholders Holders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities Notes of such series Outstanding series, or, in the case of any suit relating to or arising under clause (dc) or (hf) of Section 6.1 4.1 (if the suit relates to Securities Notes of more than one but less than all series), 10l0% in aggregate principal amount of Securities Notes then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), c) or (hf) (if the suit under clause (dc) or (hf) relates to all the Securities Notes then Outstanding), (e), (fd) or (ge) of Section 6.14.1, 10% in aggregate principal amount of all Securities Outstanding Notes then Outstanding, or to any suit instituted by any Holder of Securities or Coupons for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon Note on or after the due date expressed in such Security Note or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon by his or her 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (hg) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), ) or (hg) (if the suit under clause (d) or (hg) relates to all the Securities then Outstanding), ) or (e), ) or (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (dc) or (hf) of Section 6.1 5.01 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), c) or (hf) (if the suit under clause (dc) or (hf) relates to all the Securities then Outstanding), (e), (fd) or (ge) of Section 6.15.01, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Subordinated Indenture agree, and each Holder of any Subordinated Security and each Holder of any or Coupon 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 Subordinated Indenture or in any suit against the Trustee for the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Subordinated Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 5.1 (if the suit relates to Subordinated Securities of more than one but less than all series), 10% in aggregate principal amount of Subordinated Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), ) or (h) (if the suit under clause (d) or (h) relates to all the Subordinated Securities then Outstanding), (e), (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Subordinated Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Subordinated Security or Coupon on or after the due date expressed in such Subordinated Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (dc) or (hg) of Section 6.1 4.1 (if the suit relates to Securities of more than one but less than all series), 10l0% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), c) or (hg) (if the suit under clause (dc) or (hg) relates to all the Securities then Outstanding), (e), (fd) or (ge) of Section 6.14.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action taken, suffered 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, 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 for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), ) or (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon by his or her 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Securities of such any series Outstanding or, in if a series of Securities is held by a Scottish Holdings Trust, the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 (if the suit relates to Securities holders of more than one but less than all series), 10% in aggregate principal liquidation amount of the Preferred Securities Outstanding affected thereby orof that Scottish Holdings Trust then outstanding, in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.1, 10% in aggregate principal amount of all Securities Outstanding or to any suit instituted by any Holder or any holder of Preferred Securities or Coupons for the enforcement of the payment of the principal of, of (or premium, if any, ) or interestinterest (including any Additional Interest), if any, on any Security or Coupon on or after the due date respective Stated Maturities expressed in such Security (or, in the case of redemption, on or Couponafter the Redemption Date, and, in the case of repayment or repurchase, on or after the date for repayment or repurchase) or for the enforcement of the right, if any, to convert or exchange any Security into other securities in accordance with its terms.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (dc), (f) or (hg) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby thereby, or, in the case of any suit relating to or arising under clause (dc), (hf), (g) (if the suit under clause (dc), (f) or (hg) relates to all the Securities then Outstanding), (e), (fd) or (ge) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (dc) or (hf) of Section 6.1 5.1 (if the suit suite relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), c) or (hf) (if the suit under clause (dc) or (hf) relates to all the Securities then Outstanding), (e), (fd) or (ge) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Coupon.any date fixed for redemption. 41 ARTICLE SIX

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (dc) or (hf) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10l0% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), c) or (hf) (if the suit under clause (dc) or (hf) relates to all the Securities then Outstanding), (e), (fd) or (ge) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Coupon.any date fixed for redemption. ARTICLE SIX

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security by his or her acceptance thereof 6.1 Duties and each Holder Responsibilities of the Trustee; During Default; Prior to Default. (1) With respect to the Holders of any Coupon series of Securities issued hereunder, the Trustee, prior to the occurrence of an Event of Default with respect to the Securities of a particular series and after the curing or waiving of all Events of Default which may have occurred with respect to such series, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture. In case an Event of Default with respect to the Securities of a series has occurred (and is continuing which has not been cured or waived), the Trustee shall exercise with respect to such series of Securities 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 person would exercise or use under the circumstances in the conduct of his acceptance thereof or her own affairs. (2) No provision of this Indenture shall be deemed construed 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 relieve the Trustee from liability for its own negligent action, its own negligent failure to act or its own willful misconduct, except that: (a) prior to the occurrence of an Event of Default with respect to the Securities of any series for any action taken, suffered and after the curing or omitted by it as Trustee, waiving of all such Events of Default with respect to such series which may have occurred: (i) the filing by any party litigant in such suit of an undertaking to pay the costs of such suit duties 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 obligations of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply Trustee with respect to any suit instituted by the Trustee for the Securities of any seriesseries shall be determined solely by the express provisions of this Indenture, to any suit instituted by any Securityholder or group of Securityholders of any series holding in and the aggregate more than 10% in aggregate principal amount of Trustee shall not be liable except for the Securities performance of such series Outstanding orduties and obligations as are specifically set forth in this Indenture, in and no implied covenants or obligations shall be read into this Indenture against the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities Outstanding affected thereby or, in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.1, 10% in aggregate principal amount of all Securities Outstanding or to any suit instituted by any Holder of Securities or Coupons for the enforcement of the payment of the principal of, premium, if any, or interest, if any, on any Security or Coupon on or after the due date expressed in such Security or Coupon.Trustee; and

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d), (h), (i) or (hj) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities Outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (h), (i) or (j) (if the suit under clause (d), (h), (i) or (h) j), as the case may be, relates to all the Securities then Outstanding), (e), ) or (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany dated fixed for redemption.' (i) In the event that the additional Events of Default set forth in Section 3.9(e) shall be added to this Indenture, the Trustee will not be charged with knowledge of the occurrence of any Event of Default set forth in clause (h) of Section 5.1 of this Indenture unless a Responsible Officer assigned to its Corporate Trust Office has actual knowledge thereof or unless the Trustee has received written notice thereof from the Issuer or a Holder. (j) In the event that the Guarantor enters into a Supplemental Indenture pursuant to Section 3.9(a), such Supplemental Indenture shall also provide for Section 8.2 of the Indenture to be supplemented by adding the following text at the end of clause (a) of the first paragraph of such Section 8.2 immediately before the words "without the consent of the Holder of each Security so affected": `, or change in any manner adverse to the interest of the Holder of any Outstanding Security or Coupon appertaining thereto the terms and conditions of the obligations of the Guarantor under this Indenture or any Guarantee in respect of the due and punctual payment of the principal thereof and interest thereon or any sinking fund or analogous payments in respect thereof or release the Guarantor from its obligations under this Indenture or any Guarantee of any such Security or any Coupon appertaining thereto,' (k) If the Guarantor is released from its obligations under this Indenture with respect to the Securities of any series and from its obligations under its Guarantee with respect to the Securities of such series pursuant to Section 3.9(a) or 3.9(d) above, then, automatically and without further action on the part of the Issuer, the Guarantor or the Trustee, the additional Events of Default added pursuant to Section 3.9(e) shall cease to be effective with respect to the Securities of such series (provided that such cessation shall not affect such Events of Default insofar as they pertain to any other series of Securities), and, if the covenant set forth in Section 3.9(a) shall terminate pursuant to Section 3.9(b), then, automatically and without further action on the part of the Issuer, the Guarantor or the Trustee, the additional Events of Default added pursuant to Section 3.9(e), the parenthetical clause added to this Indenture pursuant to Section 4(b) of the Fourth Supplemental Indenture and the amendments, supplements and restatements to this Indenture effected pursuant to Sections 3.9(f), (g), (h) and (j) shall terminate and cease to be effective as to all series of Securities, but subject to reinstatement of such Events of Default, parenthetical clause and amendments, supplements and restatements upon the terms and conditions set forth in Section 3.9(c). (l) As used in this Indenture, the following terms have the meanings specified below:

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon 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 the Securities of any series for any action 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 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 shall not apply to to: (a) any suit instituted by the Trustee for the Securities of any series, to Trustee, (b) any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause clauses (d) or (hi) of Section 6.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities Outstanding outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause clauses (d), ) or (hi) (if the suit under clause (d) or (hi) relates to all the Securities then Outstandingoutstanding), (c), (e), (f), (g) or (gh) of Section 6.1, 10% in aggregate principal amount of all Securities Outstanding or to outstanding, or (c) any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon by his or her 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (hg) of Section 6.1 5.1 (if the suit relates to the Securities of more than one but less than all series), 10% in aggregate principal amount of the Securities then Outstanding and affected thereby thereby, or, in the case of any suit relating to or arising under clause (d), ) or (hg) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, the interest (including interest evidenced by any Coupon) on any Security or Coupon on or after the due date expressed in such Security or CouponCoupon or any date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon by 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 Indenture Trustee for the Securities of any series for any action taken, suffered or omitted by it as Indenture 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, 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 for the Securities of any seriesIndenture Trustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) of Section 5.01 or clause (c) or (he) of Section 6.1 5.06 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (db) or (h) relates to all the Securities then Outstanding), (e), (f) or (gc) of Section 6.15.01, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest (including any Additional Interest) on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (dc) or (hf) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities Outstanding then outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), c) or (hf) (if the suit under clause (dc) or (hf) relates to all the Securities then Outstanding), (e), (fd) or (ge) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, or interest, if any, on any Security or Coupon on or after the due date expressed in such Security or Coupon.payment

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (dc) or (hf) of Section 6.1 4.1 (if the suit relates to Securities of more than one but less than all series), 10l0% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), c) or (hf) (if the suit under clause (dc) or (hf) relates to all the Securities then Outstanding), (e), (fd) or (ge) of Section 6.14.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (hg) of Section 6.1 5.1 (if the suit relates to the Securities of more than one but less than all series), 10% in aggregate principal amount of the Securities Outstanding then outstanding and affected thereby thereby, or, in the case of any suit relating to or arising under clause (d), ) or (hg) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), or clause (e), ) or (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, the interest (including interest evidenced by any Coupon) on any Security or Coupon on or after the due date expressed in such Security or Coupon.Coupon or any date fixed for redemption. ARTICLE SIX

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon by his or her 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (dc) or (hg) of Section 6.1 5.01 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), c) or (hg) (if the suit under clause (dc) or (hg) relates to all the Securities then Outstanding), (e), (fd) or (ge) of Section 6.15.01, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption or for the enforcement of a right to convert any Security in accordance with Article 14.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon Coupon, by 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series Series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding Series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all seriesSeries), 10% in aggregate principal amount of Securities Outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or CouponSecurity.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (hg) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), ) or (hg) (if the suit under clause (d) or (hg) relates to all the Securities then Outstanding), or (e), ) or (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon Coupon, by 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 the Securities of any series for any action 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 suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' feesfees and expenses, 45 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 for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series Series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding Series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all seriesSeries), 10% in aggregate principal amount of Securities Outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Coupon.Security. ARTICLE SIX

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon by his or her 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10__% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (hg) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10___% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), ) or (hg) (if the suit under clause (d) or (hg) relates to all the Securities then Outstanding), ) or (e), ) or (f) or (g) of Section 6.15.1, 10__% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), ) or (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All In lieu of the provisions set forth in Section 315(e) of the Trust Indenture Act of 1939, all parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d‎5.01(c) or (h‎5.01(f) of Section 6.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (h‎5.01(c) or ‎5.01(f) (if the suit under clause (d‎5.01(c) or (h‎5.01(f) relates to all the Securities then Outstanding), (e), (f‎5.01(d) or (g) of Section 6.1‎5.01(e), 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Amended and Restated Indenture agree, and each Holder of any Security and each Holder of any Coupon Convertible Debenture, by 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 Amended and Restated Indenture or in any suit against the Trustee for the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder Holder of Debentures or group of Securityholders Holders of any series Debentures holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding or, in the case of any Convertible Debentures with respect to a suit relating to the Convertible Debentures or arising under clause (d) or (h) of Section 6.1 (if holding in the suit relates to Securities of aggregate more than one but less than all series), 10% in aggregate principal amount of Securities the Outstanding affected thereby or, in the case of any Non-Convertible Debentures with respect to a suit relating to or arising under clause (d)the Non-Convertible Debentures, (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.1, 10% in aggregate principal amount of all Securities Outstanding or to any suit instituted by any a Holder of Securities or Coupons Debentures for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon such Debenture on or after the due date expressed in such Security Debenture or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding or, or in the case of any suit relating to or arising under clause clauses (dc) or (hf) of Section 6.1 5.01 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby thereby, or, in the case of any suit relating to or arising under clause clauses (dc), (hf) (if the suit under clause clauses (dc) or (hf) relates to all the Securities then Outstanding), (e), (fd) or (ge) of Section 6.15.01, 10% in aggregate principal amount of all Securities Outstanding Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Coupon.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon Coupon, by 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 the Securities of any series for any action 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 suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees’ 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 for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series Series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding Series, or, in the case of any suit relating to or arising under clause (d) or (hd5) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all seriesSeries), 10% in aggregate principal amount of Securities Outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (hd5) (if the suit under clause (d) or (hd5) relates to all the Securities then Outstanding), (e), (f) or (gg6) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or CouponSecurity.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon Coupon, by 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities Outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or CouponSecurity.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon by his or her 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 the Securities of any series for any action 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 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 5.13 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (dD) or (hH) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), D) or (hH) (if the suit under clause (dD) or (hH) relates to all the Securities then Outstanding) or (E), (e), (fF) or (gG) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Coupon.any date fixed for redemption. ARTICLE VI

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (dc) or (h) of Section 6.1 5.01 (if the suit relates to Securities of more than one but less than all series), 10l0% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), c) or (h) (if the suit under clause (dc) or (h) relates to all the Securities then Outstanding), (d), (e), (f) or (g) of Section 6.15.01, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest (including any Additional Interest) on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture Agreement agree, and each Holder of any Security and each Holder of any Coupon PR 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 Agreement or in any suit against the Trustee for the Securities of any series for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the reasonable costs of such suit 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 or 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 for the Securities of any seriesTrustee, to any suit instituted by any Securityholder Holder or group of Securityholders of any series Holders holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities Outstanding affected thereby or, in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.1, 10% in aggregate principal amount of all Securities PRs Outstanding or to any suit instituted by any Holder of Securities or Coupons for the enforcement of the payment of the principal of, premium, if any, or interest, if any, on any Security or Coupon PR on or after the due date expressed in such Security PR. ARTICLE NINE CONSOLIDATION, MERGER, SALE OR CONVEYANCE Section 901. Company May Consolidate, Etc. Without limiting the effect of provisions in the PRs relating to Dispositions, the Company shall not consolidate with or Couponamalgamate with or enter into an arrangement with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, unless: (1) in case the Company shall consolidate with, amalgamate with or enter into an arrangement with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any person, the Person formed by such consolidation or into which the Company is merged or the Person which acquires by conveyance or transfer, or which leases, the properties and assets of the Company substantially as an entirety (the "Surviving Person") shall be a corporation, partnership or trust organized and existing under the laws of Canada or of the United States of America, any state or province thereof or the District of Columbia and shall expressly assume payment of amounts on all the PRs and the performance of every covenant of this Agreement on the part of the Company to be performed or observed; (2) immediately after giving effect to such transaction and treating any indebtedness which becomes an obligation of the Surviving Person, the Company or any Subsidiary as a result of such transaction as having been incurred by the Surviving Person, the Company or such Subsidiary at the time of such transaction, no Event of Default shall have happened and be continuing; and (3) the Company has delivered to the Trustee an Officer's Certificate, stating that such consolidation, merger, conveyance, transfer or lease complies with this Article and that all conditions precedent herein provided for relating to such transaction have been complied with.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Debt Security and each Holder of any Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder Debt Security holder or group of Debt Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Debt Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 5.01 (if the suit relates to Debt Securities of more than one but less than all series) or under clause (i) of Section 5.01 (unless otherwise provided in the supplemental indenture or resolution of the Board of Directors under which such series of Debt Securities is issued or in the form of Debt Security for such series), 10% in aggregate principal amount of Debt Securities Outstanding outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (d) or (h) relates to all the Debt Securities then Outstandingoutstanding), (e), (f), (g) or (gh) of Section 6.15.01, 10% in aggregate principal amount of all Debt Securities Outstanding Outstanding, or to any suit instituted by any Holder of Securities or Coupons Debt Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Debt Security or Coupon on or after the due date expressed in such Security or CouponDebt Security.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon Coupon, by 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for Trustee, to any suit instituted by the Securities of any seriesCompany, to any suit instituted by any Securityholder or group of Securityholders of any series Series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding Series, or, in the case of any suit relating to or arising under clause (d) or (he) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all seriesSeries), 10% in aggregate principal amount of Securities Outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (he) (if the suit under clause (d) or (he) relates to all the Securities then Outstanding), (ef), (fg) or (gh) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Coupon.Security. ARTICLE SIX

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon 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 the Securities of any series for any action 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 shall not apply to any suit instituted by the Trustee for the Securities of any series, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities Outstanding affected thereby or, in the case of any suit relating --------- * This language to or arising under clause (d), (h) (be included if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.1, 10% in aggregate principal amount of all Securities Outstanding or to any suit instituted by any Holder of Securities or Coupons for the enforcement of the payment of the principal of, premium, if any, or interest, if any, on any Security or Coupon on or after the due date expressed in such Security or Coupondebt securities are guaranteed.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon Coupon, by 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 the Securities of any series for any action 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 suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees’ 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 for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series Series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding Series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all seriesSeries), 10% in aggregate principal amount of Securities Outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (ge) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or CouponSecurity.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding or, in the case of any suit relating to or arising under clause (d) or (hg) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), ) or (hg) (if the suit under clause (d) or (hg) relates to all the Securities then Outstanding), or (e), ) or (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon Note 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 the Securities of any series for any action 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 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 shall not apply to to: (A) any suit instituted by the Trustee for the Securities of any series, to Trustee, (B) any suit instituted by any Securityholder Noteholder or group of Securityholders Noteholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities Notes of such series Outstanding series, or, in the case of any suit relating to or arising under clause clauses (d) or (h) of Section 6.1 (if the suit relates to Securities Notes of more than one but less than all series), 10% in aggregate principal amount of Securities Outstanding Notes outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause clauses (d), ) or (h) (if the suit under clause (d) or (h) relates to all the Securities Notes then Outstandingoutstanding), (c), (e), (f), (g) or (gi) of Section 6.1, 10% in aggregate principal amount of all Securities Outstanding or to Notes outstanding, or (C) any suit instituted by any Holder of Securities or Coupons Noteholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon Note on or after the due date expressed in such Security Note or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (dc) or (h) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby thereby, or, in the case of any suit relating to or arising under clause (dc), (h) (if the suit under clause (dc) or (h) relates to all the Securities then Outstanding), (ed), (fe) or (gf) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder Security holder or group of Securityholders Security holders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (dc) or (hf) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (dc), (h) f), (if the suit under clause (dc) or (hf) relates to all the Securities then Outstanding), (e), (fd) or (ge) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Security holder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon by his such Person’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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby thereby, or, in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant (except the Trustee) 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' 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities Outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), (e), ) or (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Coupon.any date fixed for redemption. ARTICLE SIX

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Debt Security and each Holder of any Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Debt Securityholder or group of Debt Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Debt Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 5.01 (if the suit relates to Debt Securities of more than one but less than all series) or under clause (i) of Section 5.01 (unless otherwise provided in the supplemental indenture or resolution of the Board of Directors under which such series of Debt Securities is issued or in the form of Debt Security for such series), 10% in aggregate principal amount of Debt Securities Outstanding outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (d) or (h) relates to all the Debt Securities then Outstandingoutstanding), (e), (f), (g) or (gh) of Section 6.15.01, 10% in aggregate principal amount of all Debt Securities Outstanding Outstanding, or to any suit instituted by any Holder of Securities or Coupons Debt Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Debt Security or Coupon on or after the due date expressed in such Security or CouponDebt Security.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon 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 the Securities of any series for any action 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 shall not apply to any suit instituted by the Trustee for the 72 62 Securities of any series, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding or, in the case of any suit relating to or arising under clause (d) or (hi) of Section 6.1 7.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities Outstanding affected thereby or, in the case of any suit relating to or arising under clause (d), (hi) (if the suit under clause (d) or (hi) relates to all the Securities then Outstanding), (e), (f) or (g) of Section 6.17.1, 10% in aggregate principal amount of all Securities Outstanding or to any suit instituted by any Holder of Securities or Coupons for the enforcement of the payment of the principal of, premium, if any, or interest, if any, on any Security or Coupon on or after the due date expressed in such Security or Coupon.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon Coupon, by 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 the Securities of any series Trustees for any action taken, suffered or omitted by it as TrusteeTrustees, 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’ 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 for the Securities of any seriesTrustees, to any suit instituted by any Securityholder or group of Securityholders of any series Series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding Series, or, in the case of any suit relating to or arising under clause (d) or (h) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all seriesSeries), 10% in aggregate principal amount of Securities Outstanding affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), (h) (if the suit under clause (d) or (h) relates to all the Securities then Outstanding), or (e), (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or CouponSecurity.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any Coupon 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 the Securities of any series for any action 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 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 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (hg) of Section 6.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), ) or (hg) (if the suit under clause (d) or (hg) relates to all the Securities then Outstanding), (e), (f) or (ge) or (f) of Section 6.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Security and each Holder of any or Coupon 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 the Securities of any series for any action 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 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 5.12 shall not apply to any suit instituted by the Trustee for the Securities of any seriesTrustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series Outstanding series, or, in the case of any suit relating to or arising under clause (d) or (hg) of Section 6.1 5.1 (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities then Outstanding and affected thereby orthereby, or in the case of any suit relating to or arising under clause (d), ) or (hg) (if the suit under clause (d) or (hg) relates to all the Securities then Outstanding), or (e), ) or (f) or (g) of Section 6.15.1, 10% in aggregate principal amount of all Securities Outstanding then Outstanding, or to any suit instituted by any Holder of Securities or Coupons Securityholder for the enforcement of the payment of the principal of, premium, if any, of or interest, if any, interest on any Security or Coupon on or after the due date expressed in such Security or Couponany date fixed for redemption.