Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 88 contracts
Sources: Indenture (EZGO Technologies Ltd.), Indenture (Boqii Holding LTD), Indenture (Richtech Robotics Inc.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 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’ 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 Company, to any suit instituted by the Trustee, to any suit instituted by any HolderSecurityholder, or group of HoldersSecurityholders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries to which the suit relates, or to any suit instituted by any Holder Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any an Security on or after the Stated Maturity or respective Stated Maturities expressed in such Security (or, in the case of redemptionredemption or repayment, on or after the redemption dateRedemption Date or Repayment Date, as the case may be).
Appears in 56 contracts
Sources: Indenture (Invesco Mortgage Capital Inc.), Indenture (Xenetic Biosciences, Inc.), Indenture (Xenetic Biosciences, Inc.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 47 contracts
Sources: Indenture (Standex International Corp/De/), Indenture (Rc2 Corp), Subordinated Indenture (Imperial Eagle Shipping LLC)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 46 contracts
Sources: Indenture (Michigan Consolidated Gas Co /Mi/), Indenture (Meadwestvaco Corp), Indenture (American Heritage Life Investment Corp)
Undertaking for Costs. All parties to this Indenture The Company and the Trustee agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Outstanding Securities of any Seriesall series in respect of which such suit may be brought, considered as one class, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest premium, if any, or interest, if any, on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 40 contracts
Sources: Indenture (Entergy Mississippi Inc), Indenture (Entergy Arkansas Inc), Indenture (Txu Corp /Tx/)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Maturity of such Security, including the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 35 contracts
Sources: Indenture (Palantir Technologies Inc.), Indenture (Smart Sand, Inc.), Indenture (Biohaven Ltd.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 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, 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 Company, to any suit instituted by the Trustee, to any suit instituted by any HolderSecurityholder, or group of HoldersSecurityholders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries to which the suit relates, or to any suit instituted by any Holder Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or respective Stated Maturities expressed in such Security (or, in the case of redemptionredemption or repayment, on or after the redemption dateRedemption Date or Repayment Date).
Appears in 23 contracts
Sources: Annual Report, Subordinated Indenture (Heftel Capital Trust Ii), Subordinated Indenture (Eex Corp)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder of any Security for the enforcement of the payment of the principal of of, premium, if any, or interest on any Security on or after the respective Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemptionredemption or repurchase, on or after the redemption date)Redemption Date or Repurchase Date, as the case may be) or for the enforcement of the right to convert any Security in accordance with Article XII.
Appears in 20 contracts
Sources: Indenture (Chiron Corp), Indenture (Bea Systems Inc), Indenture (Amdocs LTD)
Undertaking for Costs. All parties Each party to this Indenture agreeagrees, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 18 contracts
Sources: Indenture (Tiptree Inc.), Indenture (Tiptree Inc.), Senior Indenture (Affiliated Managers Group, Inc.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Note by his such Holder'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 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 Company, to (i) any suit instituted by the Trustee, to (ii) any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, in each case holding in the aggregate more than 10% in principal amount of the outstanding Securities Outstanding Amount of any Series, the Notes or to (iii) any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of or interest on any Security Note on or after the Stated Maturity or Stated Maturities respective due dates expressed in such Security Note and in this Indenture (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 16 contracts
Sources: Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Receivables Corp 3), Indenture (WFS Financial 1997-D Owner Trust)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 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 may, in its discretion 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date)Maturity.
Appears in 15 contracts
Sources: Junior Subordinated Indenture (GCB Capital Trust), Junior Subordinated Indenture (Gbci Capital Trust Ii), Junior Subordinated Indenture (Allegiant Capital Trust Ii)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any, on) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 15 contracts
Sources: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 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, 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on on, or any Additional Amounts with respect to, any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 15 contracts
Sources: Indenture (Key Energy Group Inc), Indenture (HCC Insurance Holdings Inc/De/), Indenture (Cooper Cameron Corp)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Maturity of such Security, including the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 14 contracts
Sources: Indenture (Digital Turbine, Inc.), Indenture (Bit Digital, Inc), Indenture (Connect Biopharma Holdings LTD)
Undertaking for Costs. All parties to this Indenture The Company and the Trustee agree, and each Holder of any Security 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 reason- able 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Outstanding Securities of any Seriesall series in respect of which such suit may be brought, considered as one class, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest premium, if any, or interest, if any, on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 13 contracts
Sources: Indenture (Tu Electric Capital Ii), Indenture (Texas Utilities Co /Tx/), Indenture (Texas Utilities Co /Tx/)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Note by his such Holder'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 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 Company, to (i) any suit instituted by the Trustee, to (ii) any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, in each case holding in the aggregate more than 10% in principal amount of the outstanding Securities Outstanding Amount of any Seriesthe Notes (or, in the case of a right or to remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Outstanding Amount of the Notes of the Controlling Class) or (iii) any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of or interest on any Security Note on or after the Stated Maturity or Stated Maturities respective due dates expressed in such Security Note and in this Indenture (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 12 contracts
Sources: Indenture (WFS Financial 2005-3 Owner Trust), Indenture (WFS Receivables Corp 4), Indenture (WFS Receivables Corp 4)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesNotes, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security Notes on or after the Stated Maturity or of the Notes, including the Stated Maturities Maturity expressed in such Security the Notes (or, in the case of redemption, on the redemption date).
Appears in 11 contracts
Sources: Indenture (American Airlines, Inc.), Indenture (Global Crossing Airlines Group Inc.), Indenture (American Airlines, Inc.)
Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Security a Unit, by his its acceptance thereof of such Unit 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 IndentureAgreement, or in any suit against the Trustee Agent for any action taken, suffered or omitted by it as TrusteeAgent, 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 provided that the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteeAgent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Units, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest distributions on any Security Notes on any Purchase Contract on or after the Stated Maturity respective Payment Date therefor in respect of any Unit held by such Holder, or Stated Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contract constituting part of any Unit held by such Security (or, in the case of redemption, on the redemption date)Holder.
Appears in 11 contracts
Sources: Purchase Contract Agreement (Northrop Grumman Corp /De/), Purchase Contract Agreement (Northrop Grumman Corp /De/), Purchase Contract Agreement (Ameren Corp)
Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Security a Purchase Contract, by his its acceptance thereof of such Purchase Contract 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 IndentureAgreement, or in any suit against the Trustee Purchase Contract Agent for any action taken, suffered or omitted by it as TrusteePurchase Contract Agent, 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, fees and costs 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 provided that the provisions of this Section shall not apply to any suit instituted by (a) the CompanyPurchase Contract Agent, to any suit instituted by the Trustee, to any suit instituted by (b) any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Purchase Contracts, or to any suit instituted by (c) any Holder for the enforcement of the payment right to receive shares of Common Stock or other Exchange Property issuable upon settlement of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in Purchase Contracts held by such Security (or, in the case of redemption, on the redemption date)Holder.
Appears in 11 contracts
Sources: Purchase Contract Agreement (BrightSpring Health Services, Inc.), Purchase Contract Agreement (BrightSpring Health Services, Inc.), Purchase Contract Agreement (Brookdale Senior Living Inc.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 6.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 11 contracts
Sources: Indenture (Kramont Realty Trust), Indenture (Windmere Durable Holdings Inc), Indenture (Celgene Corp /De/)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% ten percent in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or premium, if any, or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 11 contracts
Sources: Senior Debt Indenture (Emmis Television License Corp of Topeka), Subordinated Debt Indenture (Regent Broadcasting Midwest Inc), Subordinated Debt Indenture (Radio One Licenses LLC)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder of any Security or coupon for the enforcement of the payment of the principal of or any premium or interest on any Security or the payment of any coupon on or after the Stated Maturity or Stated Maturities expressed in such Security or coupon (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 10 contracts
Sources: Indenture (International Paper Co /New/), Indenture (United States Surgical Corp), Indenture (Baker Hughes Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 9 contracts
Sources: Subordinated Debt Securities Indenture (First Guaranty Bancshares, Inc.), Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.)
Undertaking for Costs. All parties Each party to this Indenture agreeagrees, and each Holder of any Security 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 court may require a party litigant in such suit of to file 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities Outstanding Notes of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security Note on or after the Stated Maturity or Stated Maturities expressed in such Security Note (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 9 contracts
Sources: Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).. ARTICLE SIX
Appears in 8 contracts
Sources: Indenture (Oge Energy Capital Trust Ii), Indenture (Og&e Financing I), Indenture (Oge Energy Capital Trust I)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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’ fees, against any party litigant in such suit, having due regard to for 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 8 contracts
Sources: Indenture (Modine Manufacturing Co), Indenture (Modine Manufacturing Co), Indenture (Cellular Dynamics International, Inc.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 1025% in principal amount of the outstanding Outstanding Securities of any Series, series or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 8 contracts
Sources: Indenture (Pitney Bowes Inc /De/), Indenture (Masco Corp /De/), Indenture (Masco Corp /De/)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Senior Note 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 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’ 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 provided, however, that the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than ten percent (10% %) in aggregate principal amount of the outstanding Securities of any SeriesOutstanding Senior Notes, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest premium, if any, on any Security on or the Senior Note after the Stated Maturity or Stated Maturities expressed in such Security any interest (or, in the case of redemption, including any Additional Interest) on the redemption date)any Senior Note after it is due and payable.
Appears in 8 contracts
Sources: Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% ten percent in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or premium, if any, or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 8 contracts
Sources: Subordinated Debt Indenture (Interline Brands, Inc./De), Senior Debt Indenture (Interline Brands, Inc./De), Subordinated Debt Indenture (Interline Brands, Inc./De)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder of Securities or coupons for the enforcement of the payment of the principal of of, premium, if any, or interest on any Security or payment of any coupon on or after the Stated Maturity or respective Stated Maturities expressed in such Security or coupon (or, in the case of redemptionredemption or repayment, on or after the redemption dateRedemption Date or Repayment Date).
Appears in 8 contracts
Sources: Indenture (Waste Connections Inc/De), Indenture (Collins & Aikman Corp), Indenture (Collins & Aikman Corp)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security Securities on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date). This Section 514 shall be in lieu of Section 315(e) of the TIA and such Section 315(e) is hereby expressly excluded from this Indenture, as permitted by the TIA.
Appears in 7 contracts
Sources: Indenture (Xl Capital LTD), Indenture (Xl Capital LTD), Indenture (Xl Capital LTD)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption date).
Appears in 7 contracts
Sources: Indenture (Mattel Inc /De/), Indenture (Safeway Inc), Indenture (Nike Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption dateRedemption Date).
Appears in 7 contracts
Sources: Indenture (CNL American Properties Fund Inc), Indenture (Host Marriott Trust), Indenture (American Spectrum Realty Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, Holders holding in the aggregate more than 1025% in aggregate principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium including the Make-Whole Premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption date).
Appears in 7 contracts
Sources: Indenture (Transocean Ltd.), Indenture (Transocean Ltd.), Indenture (Transocean Ltd.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10[ ]% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 7 contracts
Sources: Senior Indenture (Global Ship Lease, Inc.), Subordinated Indenture (Global Ship Lease, Inc.), Senior Indenture (Global Ship Lease, Inc.)
Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Security a Unit, by his its acceptance thereof of such Unit 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 IndentureAgreement, or in any suit against the Trustee Purchase Contract Agent for any action taken, suffered or omitted by it as TrusteePurchase Contract Agent, 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, ' fees and costs 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 provided that the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteePurchase Contract Agent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Units, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security Senior Notes or Contract Adjustment Payments on or after the Stated Maturity respective Payment Date therefor in respect of any Unit held by such Holder, or Stated Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contracts constituting part of any Unit held by such Security (or, in the case of redemption, on the redemption date)Holder.
Appears in 7 contracts
Sources: Purchase Contract Agreement (Hartford Financial Services Group Inc/De), Purchase Contract Agreement (Albertsons Inc /De/), Purchase Contract Agreement (Baxter International Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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’ 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 6.14 shall not apply to any suit instituted by the CompanyIssuers, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Maturity of such Security, including the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 7 contracts
Sources: Indenture (Sunoco, LLC), Indenture (Landmark Infrastructure Finance Corp.), Indenture (USDP Finance Corp.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 other than the Trustee 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 6.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Notes, or to any suit instituted by any Holder of a Note for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security such Note on or after the respective Stated Maturity or Stated Maturities expressed in such Security Note (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 6 contracts
Sources: Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Outstanding Securities of any Seriesall series in respect of which such suit may be brought, considered as one class, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or interest premium, if any) or interest, if any, on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date, or, in the case of repayment at the option of the Holder, on or after the Repayment Date).
Appears in 6 contracts
Sources: Indenture (Core Molding Technologies Inc), Indenture (Core Molding Technologies Inc), Indenture (Fox Factory Holding Corp)
Undertaking for Costs. All parties to this Indenture The Company and the Trustee agree, and each Holder of any Security Bonds 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’ 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than ten percent (10% %) in aggregate principal amount of the outstanding Securities of any SeriesBonds then Outstanding, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest premium, if any, or interest, if any, on any Security Bond on or after the Stated Maturity or Stated Maturities expressed in such Security Bond (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 6 contracts
Sources: Indenture of Mortgage (PG&E Corp), Indenture of Mortgage (PG&E Corp), Indenture of Mortgage (PG&E Corp)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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’ 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Maturity of such Security, including the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 6 contracts
Sources: Indenture (IIP Operating Partnership, LP), Indenture (NLCP Operating Partnership Lp), Indenture (Angel Oak Mortgage Operating Partnership, LP)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on (including Additional Interest and Special Interest, if any) on, any Security on or after the Stated Maturity or respective Stated Maturities expressed in such Security (or, in the case of redemptionpurchase pursuant to Article 3 hereof, on the redemption dateSpecified Repurchase Date or the Fundamental Change Purchase Date, as the case may be).
Appears in 6 contracts
Sources: Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 Indenture Trustee for any action taken, suffered taken 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, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, 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 Company, to any suit instituted by the Indenture Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or respective Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 5 contracts
Sources: Indenture (Chartermac), Indenture (Lexington Corporate Properties Trust), Indenture (Lexington Corporate Properties Trust)
Undertaking for Costs. All parties Parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than ten percent (10% %) in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any the Security on or after the Stated Maturity or Stated Maturities expressed in such Security applicable due date therefor provided pursuant to the Program (or, in the case of redemption, on or after, the redemption dateRedemption Date).
Appears in 5 contracts
Sources: Indenture (National Rural Utilities Cooperative Finance Corp /Dc/), Indenture (Vault Holding 1, LLC), Indenture (Vault Holding 1, LLC)
Undertaking for Costs. All parties to this Indenture agree, and each Holder Holder, by acceptance of any Security by his acceptance thereof a Security, shall be deemed to have agreed, that any court may in its discretion requireagreed that, 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, any court may, in its discretion, require 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 provided, however, that the provisions of this Section 515 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate Securities representing more than 10% in of the aggregate principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal any installment of or interest on any Security on or after the Stated Maturity or Stated Maturities thereof expressed in such Security (or, in or for the case enforcement of redemption, on the redemption date)payment of the principal of such Security at the Stated Maturity therefore.
Appears in 5 contracts
Sources: Indenture (Ovintiv Inc.), Indenture (Encana Corp), Indenture (Encana Corp)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, Issuer to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 5 contracts
Sources: Indenture (Celanese Americas LLC), Indenture (Celanese Global Relocation LLC), Indenture (CalAmp Corp.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or interest premium, if any) or interest, if any, on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).. ARTICLE SIX
Appears in 5 contracts
Sources: Indenture (Public Service Co of Colorado), Indenture (Public Service Co of Colorado), Indenture (Public Service Co of Colorado)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, Holders holding in the aggregate more than 1025% in aggregate principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption date).
Appears in 5 contracts
Sources: Indenture (Transocean Ltd.), Indenture (Transocean Ltd.), Indenture (Transocean Ltd.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security a Note, 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, 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’ 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 provided, however, that the provisions of this Section 9.16 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities of any SeriesNotes then outstanding, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, the Redemption Price, Fundamental Change Repurchase Price with respect to, Additional Amounts with respect to, or accrued and unpaid interest on on, any Security Note on or after the Stated Maturity due date expressed or Stated Maturities expressed provided for in such Security (or, Note or to any suit for the enforcement of the right to exchange any Note in accordance with the case provisions of redemption, on the redemption date)Article 7 hereof.
Appears in 5 contracts
Sources: Indenture (Atlas Corp.), Indenture (Jazz Pharmaceuticals PLC), Indenture (Jazz Pharmaceuticals PLC)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 to be taken 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities of any SeriesNotes, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, or premium (if any) or interest on on, any Security Note on or after the Stated respective Maturity or Stated Maturities Date expressed in such Security Note (orincluding, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 5 contracts
Sources: Indenture (MDC Holdings Inc), Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of Securities of any Security series 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' 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on Securities of any Security series on or after the Stated Maturity or respective Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date); provided that neither this Section 514 nor the Trust Indenture Act shall be deemed to authorize any court to require such an undertaking or to make such an assessment in any suit instituted by the Company.
Appears in 5 contracts
Sources: Indenture (Oneok Inc /New/), Indenture (Oneok Inc /New/), Indenture (Oneok Inc /New/)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 suit, other than the Trustee, 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, including the Trustee, 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 Company, to any suit instituted by the Trustee, to any suit instituted Trustee or by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder of any Security for the enforcement of the payment of the principal of (and premium, if any) or interest on or any Additional Amounts in respect of any Security on or after the respective Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption date)Redemption Date) or interest on any overdue principal of any Security.
Appears in 5 contracts
Sources: Indenture (SPSS Inc), Indenture (Gatx Financial Corp), Indenture (Gatx Financial Corp)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Debt Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Debt Securities of any Seriessuch series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debt Security on or after the Stated Maturity or Stated Maturities expressed in such Debt Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 5 contracts
Sources: Indenture (American Financial Group Inc), Indenture (Provident Capital Trust Iv), Indenture (American Financial Group Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Debt Security 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 other than the Trustee 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 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Debt Securities of any Seriesseries, or to any suit instituted by any Holder of a Debt Security for the enforcement of the payment of the principal of (or premium, if any) or interest on any such Debt Security on or after the respective Stated Maturity or Stated Maturities expressed in such Debt Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 5 contracts
Sources: Subordinated Debt Indenture (Calgon Carbon Corporation), Senior Debt Indenture (Calgon Carbon Corporation), Subordinated Debt Indenture (MOB Corp)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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’ 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 5 contracts
Sources: Senior Indenture (Emagin Corp), Subordinated Indenture (Emagin Corp), Senior Indenture (Mimecast LTD)
Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Security a Unit, by his its acceptance thereof of such Unit 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 IndentureAgreement, or in any suit against the Trustee Agent for any action taken, suffered or omitted by it as TrusteeAgent, 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 provided that the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteeAgent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest distributions on any Security Capital Securities on any Purchase Contract on or after the Stated Maturity respective Payment Date therefor in respect of any Unit held by such Holder, or Stated Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contract constituting part of any Unit held by such Security (or, in the case of redemption, on the redemption date)Holder.
Appears in 5 contracts
Sources: Purchase Contract Agreement (Prudential Financial Inc), Purchase Contract Agreement (Metlife Inc), Purchase Contract Agreement (Metlife Capital Trust I)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 5.15 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any HolderHolder of the Notes, or group of HoldersHolders of the Notes, holding in the aggregate more than 10% in principal amount of the outstanding Securities Aggregate Outstanding Amount of any Seriesthe Notes, or to any suit instituted by any Holder of the Notes for the enforcement of the payment of the principal of or interest on any Security Note on or after the Stated Maturity or Stated Maturities expressed in such Security Note (or, in the case of redemption, on or after the redemption dateapplicable Redemption Date).
Appears in 4 contracts
Sources: Indenture (FS Energy & Power Fund), Indenture (FS Investment Corp III), Indenture (FS Investment Corp II)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 1025% in aggregate principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, or premium (if any) or interest on on, any Security on or after the Stated Maturity or respective Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 4 contracts
Sources: Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Debt Security 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 other than the Trustee 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Debt Securities of any Seriesseries, or to any suit instituted by any Holder of a Debt Security for the enforcement of the payment of the principal of (or premium, if any) or interest on any such Debt Security on or after the Stated Maturity or Stated Maturities expressed in such Debt Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 4 contracts
Sources: Indenture (Heritage Financial Group Inc), Indenture (Reinsurance Group of America Inc), Junior Subordinated Indenture (Reinsurance Group of America Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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' 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 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder of any Security for the enforcement of the payment of the principal of of, premium, if any, or interest on any Security on or after the respective Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemptionredemption or repurchase, on or after the redemption date)Redemption Date or Repurchase Date, as the case may be) or for the enforcement of the right to convert any Security in accordance with Article XII.
Appears in 4 contracts
Sources: Indenture (Teradyne Inc), Indenture (Connetics Corp), Indenture (Anadigics Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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’ 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 6.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Maturity of such Security, including the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 4 contracts
Sources: Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Class A 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any HolderHolder of Class A Notes, or group of HoldersHolders of Class A Notes, holding in the aggregate more than 10% in principal amount of the outstanding Securities Aggregate Outstanding Amount of any Seriesthe Controlling Class, or to any suit instituted by any Holder of Class A Notes for the enforcement of the payment of the principal of or interest on any Security Class A Note on or after the Stated Maturity or Stated Maturities expressed in such Security Class A Note (or, in the case of redemption, on or after the redemption dateapplicable Redemption Date).
Appears in 4 contracts
Sources: Indenture (FS Investment Corp II), Indenture (FS Investment Corp II), Indenture (FS Investment CORP)
Undertaking for Costs. All parties to this Indenture The Company and the Trustee agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities Outstanding Notes of any Seriesall series in respect of which such suit may be brought, considered as one class, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest premium, if any, or interest, if any, on any Security Note on or after the Stated Maturity or Stated Maturities expressed in such Security Note (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 4 contracts
Sources: Indenture (Texas New Mexico Power Co), Indenture (Public Service Co of New Mexico), Indenture (PNM Resources Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesSecurities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 4 contracts
Sources: Indenture (Genta Inc De/), Indenture (Genta Inc De/), Indenture (Genta Inc De/)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Note by his such Holder'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 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 Company, to (a) any suit instituted by the Trustee, to (b) any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, in each case holding in the aggregate more than 10% in principal amount of the outstanding Securities Outstanding Amount of any Series, the Notes or to (c) any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of or interest on any Security Note on or after the Stated Maturity or Stated Maturities respective due dates expressed in such Security Note and in this Indenture (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 4 contracts
Sources: Indenture (Green Tree Financial Corp), Indenture (Green Tree Financial Corp), Indenture (Green Tree Financial Corp)
Undertaking for Costs. All parties Each party to this Indenture agreeagrees, and each Holder of any Security 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’ 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 4 contracts
Sources: Indenture (LPL Holdings, Inc.), Indenture (LPL Holdings, Inc.), Indenture (LPL Holdings Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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' 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 1025% in principal amount of the outstanding Outstanding Securities of any Series, series or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 4 contracts
Sources: Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (R H Donnelley Corp)
Undertaking for Costs. All parties to this Indenture The Company and the Trustee agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Outstanding Debt Securities of any Seriesall series in respect of which such suit may be brought, considered as one class, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or premium, if any, or interest (including Additional Interest), if any, on any Debt Security on or after the Stated Maturity or Stated Maturities expressed in such Debt Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 4 contracts
Sources: Indenture (For Subordinated Debt Securities) (Devon Financing Trust Ii), Indenture (Progress Energy Inc), Indenture (Cp&l Energy Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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’ 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 1025% in principal amount of the outstanding Outstanding Securities of any Series, series or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 4 contracts
Sources: Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (Masco Corp /De/)
Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Security by his acceptance thereof of the Security Certificate evidencing such Security 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 IndentureAgreement, or in any suit against the Trustee Agent for any action taken, suffered or omitted by it as TrusteeAgent, 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 provided that the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteeAgent, to any suit instituted by any HolderHolder of Securities, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest distributions on any Pledged Security or the Contract Fee on any Purchase Contract on or after the Stated Maturity respective Payment Date therefor constituting a part of the Securities held by such Holder, or Stated Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contracts constituting a part of the Securities held by such Security (or, in the case of redemption, on the redemption date)Holder.
Appears in 4 contracts
Sources: Stock Purchase Contract Agreement (CCC Capital Trust Ii), Stock Purchase Contract Agreement (Radio One Licenses LLC), Stock Purchase Contract Agreement (Allied Waste North America Inc/De/)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10[ ]% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 4 contracts
Sources: Subordinated Indenture (Paragon Shipping Inc.), Senior Indenture (Paragon Shipping Inc.), Subordinated Indenture (Ocean Faith Owners Inc.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 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’ 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 . The provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, premium (if any) or interest on or any Additional Amounts with respect to any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 4 contracts
Sources: Indenture (Petrohawk Energy Corp), Indenture (Brigham Holdings Ii LLC), Indenture (Brigham Holdings Ii LLC)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Debt by his such ▇▇▇▇▇▇’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 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 5.15 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any HolderDebtholder, or group of HoldersDebtholders, holding in the aggregate more than 10% in principal amount of the outstanding Securities Aggregate Outstanding Amount of any Seriesthe Controlling Class, or to any suit instituted by any Holder Debtholder for the enforcement of the payment of the principal of or interest on any Security Debt on or after the applicable Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemptionredemption which has resulted in an Event of Default, on or after the redemption dateapplicable Redemption Date).
Appears in 4 contracts
Sources: Indenture (HPS Corporate Lending Fund), Indenture (HPS Corporate Lending Fund), Indenture (HPS Corporate Lending Fund)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesNotes, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security Notes on or after the Stated Maturity or Stated Maturities expressed in such Security Note (or, in the case of redemption, on the redemption date).
Appears in 3 contracts
Sources: Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Entertainment Inc), Indenture (Harrahs Entertainment Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall will 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 shall will not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on the redemption date).
Appears in 3 contracts
Sources: Indenture (Metropcs Communications Inc), Indenture (MetroPCS Finance, Inc.), Indenture (MetroPCS Finance, Inc.)
Undertaking for Costs. All parties to this Indenture agree, and each Holder Holder, by such Holder’s acceptance of any Security by his acceptance thereof a Security, 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 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, 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 provided, however, that the provisions of this Section 6.16 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities of any Seriesthen Outstanding, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, accrued and unpaid interest, if any, on, or interest on Fundamental Change Purchase Price for, any Security on or after the Stated Maturity due date expressed or Stated Maturities expressed provided for in such this Indenture or to any suit for the enforcement of the right to convert any Security (or, in accordance with the case provisions of redemption, on the redemption date)Article 4 hereof.
Appears in 3 contracts
Sources: First Supplemental Indenture (Mfa Financial, Inc.), First Supplemental Indenture (Granite Point Mortgage Trust Inc.), First Supplemental Indenture (Granite Point Mortgage Trust Inc.)
Undertaking for Costs. All parties to this Indenture The Company and the Trustee agree, and each Holder of any Security Securities 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’ ' 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than ten percentum (10% %) in aggregate principal amount of the outstanding Securities of any Seriesthen Outstanding, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest premium, if any, or interest, if any, on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Sources: First Mortgage Indenture (Allegheny Energy, Inc), General and Refunding Mortgage Indenture (Nevada Power Co), General and Refunding Mortgage Indenture (Nevada Power Co)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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; litigant; but the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any, on) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Sources: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or interest premium, if any, on) or interest, if any, on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Sources: Indenture (Ford Motor Co), Indenture (Ford Motor Co), Indenture (Ford Motor Co)
Undertaking for Costs. All parties to this Indenture agree, and each Holder Holder, by acceptance of any Security by his acceptance thereof a Security, shall be deemed to have agreed, that any court may in its discretion requireagreed that, 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, any court may, in its discretion, require 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 PROVIDED, HOWEVER, that the provisions of this Section 515 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate Securities representing more than 10% in of the aggregate principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal any installment of or interest on any Security on or after the Stated Maturity or Stated Maturities thereof expressed in such Security (or, in or for the case enforcement of redemption, on the redemption date).payment of the principal of such Security at the Stated Maturity therefore. ARTICLE SIX
Appears in 3 contracts
Sources: Indenture (Precision Drilling Corp), Indenture (Encana Corp), Indenture (Petro Canada)
Undertaking for Costs. All The parties to this Indenture agree, and each Holder of any Security Senior 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' 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Senior Notes, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security Senior Notes on or after the Stated Maturity or Stated Maturities maturities expressed in such Security Senior Notes (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Sources: Indenture (Resource America Inc), Indenture (Resource America Inc), Indenture (Resource America Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Obligation 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’ ' 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 CompanyTrustee, to any suit instituted by the Trustee, to any suit instituted United States of America (or its agencies or instrumentalities) or by any Holder, or group of Holders, holding in the aggregate more than ten percent (10% %) in principal amount of the outstanding Securities of any SeriesOutstanding Obligations, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security Obligation on or after the Stated Maturity or respective Stated Maturities expressed in such Security Obligation (or, in the case of redemptionredemption or acceleration, on or after the redemption dateRedemption Date or date of acceleration).
Appears in 3 contracts
Sources: Supplemental Indenture (Old Dominion Electric Cooperative), Indenture (Old Dominion Electric Cooperative), Supplemental Indenture (Old Dominion Electric Cooperative)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of Securities of any Security series 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’ 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on Securities of any Security series on or after the Stated Maturity or respective Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date); provided that neither this Section 514 nor the Trust Indenture Act shall be deemed to authorize any court to require such an undertaking or to make such an assessment in any suit instituted by the Company.
Appears in 3 contracts
Sources: Indenture (AMC Networks Inc.), Indenture (WE TV Studios LLC), Indenture (Voom HD Holdings LLC)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 514 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security Securities on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date). This Section 514 shall be in lieu of Section 315(e) of the Trust Indenture Act and such Section 315(e) is hereby expressly excluded from this Indenture, as permitted by the Trust Indenture Act.
Appears in 3 contracts
Sources: Indenture (Nelnet Inc), Indenture (Nelnet Inc), Indenture (Nelnet Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be he 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 to be taken 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’ 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 6.13 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10100% in aggregate principal amount of the outstanding Securities of any SeriesSecurities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, or premium (if any) or interest on on, any Security on or after the Stated Maturity or Stated Maturities Date expressed in such Security (orincluding, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Sources: Indenture (Price Communications Corp), Indenture (Montgomery Cellular Telephone Co Inc), Indenture (Price Communications Corp)
Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any a Security, by its acceptance of such Security 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 IndentureAgreement, or in any suit against the Trustee Purchase Contract Agent for any action taken, suffered or omitted by it as TrusteePurchase Contract Agent, 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, ' fees and costs 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 PROVIDED that the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteePurchase Contract Agent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of distributions on any Preferred Securities or interest on any Security [Subordinated] Notes or Purchase Contract Payments on or after the Stated Maturity respective Payment Date therefor in respect of any Security held by such Holder, or Stated Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contracts constituting part of any Security held by such Security (or, in the case of redemption, on the redemption date)Holder.
Appears in 3 contracts
Sources: Stock Purchase Contract Agreement (Widepoint Corp), Purchase Contract Agreement (Cc Funding Trust Ii), Purchase Contract Agreement (Cinergy Corp)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Sources: Indenture (Peter Kiewit Sons Inc /De/), Indenture (Peter Kiewit Sons Inc /De/), Indenture (Kiewit Materials Co)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the CompanyIssuers, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security Securities on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date). This Section 514 shall be in lieu of Section 315(e) of the Trust Indenture Act and such Section 315(e) is hereby expressly excluded from this Indenture, as permitted by the Trust Indenture Act.
Appears in 3 contracts
Sources: Indenture (Mediacom Capital Corp), Indenture (Mediacom Capital Corp), Indenture (Mediacom Capital Corp)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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' fees at trial and on appeal, 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).. ARTICLE SIX
Appears in 3 contracts
Sources: Indenture (PHH Corp), Indenture (PHH Corp), Indenture (PHH Corp)
Undertaking for Costs. All parties to this Indenture agree, agree (and each Holder holder of any Security 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 Indenture Trustee 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, 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 Company, to any suit instituted by Indenture Trustee or the TrusteeNote Insurer, to any suit instituted by any HolderNoteholder, or group of HoldersNoteholders, holding in the aggregate more than 10% in principal amount of the then outstanding Securities principal balance of any Seriesthe Notes, or to any suit instituted by any Holder Noteholder for the enforcement of the payment of the principal of or interest on any Security Note on or after the Stated Maturity or Stated Maturities expressed in maturities for such Security (orpayments, in including the case of redemption, on the redemption date)stated maturity as applicable.
Appears in 3 contracts
Sources: Indenture (First Sierra Receivables Iii Inc), Indenture (First Sierra Receivables Iii Inc), Indenture (Unicapital Corp)
Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Security a Unit, by his its acceptance thereof of such Unit 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 IndentureAgreement, or in any suit against the Trustee Agent for any action taken, suffered or omitted by it as TrusteeAgent, 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 provided that the provisions of this Section shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteeAgent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Units, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest distributions on any Security Notes or Contract Adjustment Payments, if any, on any Purchase Contract on or after the Stated Maturity respective Payment Date therefor in respect of any Unit held by such Holder, or Stated Maturities expressed in for enforcement of the right to purchase Common Shares under the Purchase Contract constituting part of any Unit held by such Security (or, in the case of redemption, on the redemption date)Holder.
Appears in 3 contracts
Sources: Purchase Contract Agreement (Platinum Underwriters Holdings LTD), Purchase Contract Agreement (Platinum Underwriters Holdings LTD), Purchase Contract Agreement (Platinum Underwriters Holdings LTD)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder of any Security for the enforcement of the payment of the principal of of, premium, if any, or interest on any Security on or after the respective Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemptionredemption or repurchase, on or after the redemption date)Redemption Date, Repurchase Date or Purchase Date, as the case may be) or for the enforcement of the right to convert any Security in accordance with Article XII.
Appears in 3 contracts
Sources: Indenture (Solectron Corp), Indenture (Hewitt Associates Inc), Indenture (Solectron Corp)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any, on) or interest on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Sources: Indenture (Carnival Corp), Indenture (Carnival Corp), Indenture (Carnival Corp)
Undertaking for Costs. All parties to this the Indenture agree, and each Holder Holder, by such Holder’s acceptance of any Security by his acceptance thereof a Security, 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 the 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, 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 provided, however, that the provisions of this Section 6.16 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities of any Seriesthen Outstanding, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, accrued and unpaid interest, if any, on, or interest on Fundamental Change Purchase Price for, any Security on or after the Stated Maturity due date expressed or Stated Maturities expressed in such Security (or, provided for in the case Indenture or to any suit for the enforcement of redemption, on the redemption date)right to exchange any Security in accordance with the provisions of Article 4 hereof.
Appears in 3 contracts
Sources: Third Supplemental Indenture (PennyMac Mortgage Investment Trust), Second Supplemental Indenture (PennyMac Mortgage Investment Trust), First Supplemental Indenture (PennyMac Mortgage Investment Trust)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 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’ 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 Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on on, or any Additional Amounts with respect to, any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Sources: Indenture (TechnipFMC PLC), Indenture (FMC Technologies Inc), Indenture (FMC Technologies Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any SeriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of of, premium, if any, or interest on (including Contingent Interest and Additional Interest, if any) on, any Security on or after the Stated Maturity or respective Stated Maturities expressed in such Security (or, in the case of redemptionredemption pursuant to Article 11, on the redemption dateRedemption Date, or, in the case of purchase pursuant to Article 3 hereof, on the Fundamental Change Purchase Date).
Appears in 3 contracts
Sources: Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or interest premium, if any, on) or interest, if any, on any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).. ARTICLE SIX
Appears in 3 contracts
Sources: Indenture (Ford Motor Co), Indenture (Ford Motor Co Capital Trust I), Indenture (Ford Motor Co Capital Trust I)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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’ 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 514 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any Seriesthen Outstanding, voting together as a single class, or to any suit instituted by any Holder for the enforcement of the payment of the principal of or interest on any Security on or after the Stated Maturity or respective Stated Maturities expressed in such Security (or, Security; provided that neither this Section 514 nor the Trust Indenture Act shall be deemed to authorize any court to require such an undertaking or to make such an assessment in any suit instituted by the case of redemption, on the redemption date)Company.
Appears in 3 contracts
Sources: Indenture (AMC Networks Inc.), Indenture (Cablevision Systems Corp /Ny), Indenture (CSC Holdings Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security 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 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, 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 CompanyCompany or any Guarantor, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any Seriesseries, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on on, or any Additional Amounts with respect to, any Security on or after the Stated Maturity or Stated Maturities expressed in such Security (or, in the case of redemption, on or after the redemption dateRedemption Date).
Appears in 3 contracts
Sources: Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc)
Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security Note by his such Holder’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 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 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities of any SeriesNotes, or to any suit instituted by any Holder of any Note for the enforcement of the payment of the principal of or premium, if any, or interest on any Security Note on or after the Stated Maturity or Stated Maturities stated maturity expressed in such Security Note (or, in the case of redemptionexercise of a Repurchase Right, on or after the redemption date)Repurchase Date) or for the enforcement of the right to convert any Note in accordance with Article XIV.
Appears in 3 contracts
Sources: First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Inc)