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 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 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 6.11 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder or group of Noteholders holding in the aggregate more than 10% in aggregate principal amount of the Notes of any series, or to any suit instituted by any Noteholder of such series for the enforcement of the payment of the principal of, premium, if any, or interest on any Note of such series on or after the due date therefor 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 Note by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken, 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’ 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 6.11 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder Holder or group of Noteholders Holders holding in the aggregate more than 10% in aggregate principal amount of the Notes Notes, or, in the case of any seriessuit relating to or arising under clause (c) or (f) of Section 4.1, or to any suit instituted by any Noteholder of such series Holder for the enforcement of the payment of the principal of, premium, if any, of or interest on any Note of such series on or after the due date therefor expressed in such Note 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 Note the Notes by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken, 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 6.11 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder or group of Noteholders holding in the aggregate more than 10% in aggregate principal amount Principal Amount at Maturity of the Notes of any seriesNotes, or to any suit instituted by any Noteholder of such series for the enforcement of the payment of the principal ofPrincipal Amount at Maturity, premiumIssue Price, if any, accrued Original Issue Discount or interest on any Note Redemption Price of such series on or after the Notes when the same shall become due date therefor or any date fixed for redemptionand payable.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note by his acceptance thereof Noteholder shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken, 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 6.11 section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder or group of Noteholders holding in the aggregate more than 10% in aggregate principal amount of the Notes of any seriesSubordinated Notes, or to any suit instituted by any Noteholder of such series for the enforcement of the payment of the principal of, premium, if any, of or interest on any Subordinated Note of such series on or after the due date therefor or any date fixed for redemptionMaturity Date.

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any 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 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 6.11 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder Holder or group of Noteholders Holders holding in the aggregate more than 10% in aggregate principal amount of the Notes or, in the case of any series, suit relating to or arising under clause (c) or (f) of Section 4.1 or to any suit instituted by any Noteholder of such series Holder for the enforcement of the payment of the principal of, premium, if any, of or interest on any Note of such series on or after the due date therefor expressed in such Note or any date fixed for redemption.. ARTICLE FIVE

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any 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 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 6.11 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder Holder or group of Noteholders Holders holding in the aggregate more than 10% in aggregate principal amount of the Notes or, in the case of any series, suit relating to or arising under clause (c) or (f) of Section 4.1 or to any suit instituted by any Noteholder of such series Holder for the enforcement of the payment of the principal of, premium, if any, of or interest on any Note of such series on or after the due date therefor expressed in such Note or any date fixed for redemption.