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 Convertible Debenture, 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 and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder of Convertible Debentures or group of Holders of Convertible Debentures holding in the aggregate more than 10% in principal amount of the Outstanding Convertible Debentures, or to any suit instituted by a Holder of Convertible Debentures for the enforcement of the payment of the principal of or interest on any Convertible Debenture on or after the due date expressed in such Convertible Debenture 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 Convertible Debenture, Note by his its acceptance thereof, thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken, 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 and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder of Convertible Debentures or group of Holders of Convertible Debentures holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Convertible DebenturesNotes, or, in the case of any suit relating to or arising under clause (c) or (f) of Section 4.1, or to any suit instituted by a any Holder of Convertible Debentures for the enforcement of the payment of the principal of or interest on any Convertible Debenture Note on or after the due date expressed in such Convertible Debenture Note or any date fixed for redemption.. ARTICLE FIVE CONCERNING THE TRUSTEE

Right of Court to Require Filing of Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Convertible Debenture, by his such holder's 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 Indenture, or in any suit against the Trustee 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, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 8.07 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Holder of Convertible Debentures Debentureholder, or group of Holders of Convertible Debentures Debentureholders, holding in the aggregate more than 10% ten percent in principal amount of the Outstanding Convertible DebenturesDebentures Outstanding, or to any suit instituted by a Holder of Convertible Debentures any Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Convertible Debenture on or after the due date expressed in such Convertible Debenture or any date fixed for redemptionDebenture.