Common use of Undertaking for Costs Clause in Contracts

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by 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 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 attorney’s 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; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by 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 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 attorney’s feesattorneys’ fees and reasonable 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) Securities or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 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, suit and that such court may in its discretion assess reasonable costs, including reasonable attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Notes or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder Noteholder by such Noteholder’s acceptance of any Note by 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted Instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇Noteholder’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 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 attorney’s feesattorneys’ fees and reasonable 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) Outstanding Amount or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 's 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% principal amount of the Note Balance of the Controlling Class) Notes Outstanding or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder Noteholder by such Noteholder's acceptance of any Note by 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted Instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s '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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Security Balances of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such ▇H▇▇▇▇▇’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 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 attorney’s feesattorneys’ fees and reasonable 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) Securities or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by 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 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 attorney’s 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; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by (i) the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇’s Noteholder'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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance principal amount of the Notes Outstanding (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Note Class, more than 10% of the Controlling Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such ▇H▇▇▇▇▇’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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Securitized Utility Tariff Bond by 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Holder, or group of NoteholdersHolders, in each case holding Notes evidencing in the aggregate more than ten (10% ) percent of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Securitized Utility Tariff Bonds or (iiic) any suit instituted by any Noteholder Holder for the enforcement of the payment of principal of or (i) interest on any Note Securitized Utility Tariff Bond on or after the respective due dates expressed in such Note Securitized Utility Tariff Bond and in this Indenture or (orii) the unpaid principal, in the case if any, of redemption, any Securitized Utility Tariff Bond on or after the Redemption Date)Final Maturity Date therefor.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 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, suit and that such court may in its discretion assess reasonable costs, including reasonable attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (Outstanding Amount of the Class A-1 Notes and the Class A-2 Notes, or, if there are no Class A-1 Notes, Class A-2 Notes Outstanding, any Noteholder or group of Noteholders holding in the case of any suit which is instituted by the Controlling Class, more than aggregate 10% of the Note Balance Outstanding Amount of the Controlling Class) Class B Notes or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by 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 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 attorney’s feesattorneys’ fees and reasonable 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) Securities or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All The parties to this Indenture agree, and each Holder Noteholder by its acceptance of any a Note by such ▇▇▇▇▇▇’s acceptance thereof shall will be deemed to have agreed, that any a court may in its discretion require, in any suit Proceeding for the enforcement of any right or remedy under this Indenture, or in any suit Proceeding 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 the Proceeding of an undertaking to pay the costs of such suitthe Proceeding, and that such the court may in its discretion assess reasonable costs, including reasonable attorney’s 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; provided, however, that the provisions of this Proceeding. This Section 5.13 shall 5.15 will not apply to (ia) any suit Proceeding instituted by the Indenture Trustee, (iib) any suit Proceeding instituted by any Noteholder or group of Noteholders, in each case Noteholders holding Notes evidencing in the aggregate more than 10% of the Note Balance of the Notes (or, or in the case of a Proceeding for the enforcement of any suit which right or remedy under this Indenture that is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit Proceeding instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such the Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling ClassNoteholders, more than 10% of the Note Balance Outstanding Amount of the Controlling ClassNotes) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇’s Noteholder's acceptance thereof shall of a Note will be deemed to have agreed, that any a 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 attorney’s 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; provided, however, that the provisions of this . This Section 5.13 shall 5.15 will not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case Noteholders holding Notes evidencing in the aggregate more than 10% of the Note Balance of the Notes Outstanding (or, or in the case of a suit for the enforcement of any suit which right or remedy under this Indenture that is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) ), or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All The parties to this Indenture hereto agree, and each Holder of any Note Noteholder, by such ▇▇▇▇▇▇’s Noteholder's acceptance thereof of a Note, shall be deemed to have agreed, that any court may in its discretion require, in any suit Proceeding for the enforcement of any right or remedy under this Indenture, or in any suit Proceeding 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 Proceeding of an undertaking to pay the costs of such suitProceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees, against any party litigant in such suitProceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to any Proceeding instituted by (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing representing in the aggregate more than 10% of the aggregate Note Balance (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling ClassSenior Notes, or the Subordinate Notes, more than 10% of the Note Balance of the Controlling ClassSenior Notes or the Subordinate Notes, as the case may be) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates date expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇’s Noteholder's acceptance thereof shall of a Note will be deemed to have agreed, that any a 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 attorney’s 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; provided, however, that the provisions of this . This Section 5.13 shall 5.15 will not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance of the Notes Outstanding (or, or in the case of a suit for the enforcement of any suit which right or remedy under this Indenture that is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such ▇▇▇▇▇▇’s acceptance thereof of a Note 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by 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 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 attorney’s 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; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by (i) the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement enforce­ment of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such ▇▇▇▇▇▇’s its acceptance thereof shall be deemed to have agreedof its Note agrees, 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 or Co-Trustee for any action taken, suffered suffered, or omitted by it as Indenture Trustee or Co-Trustee, any court may in its discretion require the filing by any party litigant in such the suit of an undertaking to pay the costs of such the suit, and that such the court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees, against any party litigant in such the suit, having due regard to the merits and good faith of the claims or defenses made by such the party litigant; provided, however, that the . The provisions of this Section 5.13 shall not apply to to (i) any suit instituted by the Indenture Trustee, the Co-Trustee, or the Credit Enhancer, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 1025% of the Note Balance (aggregate Outstanding Amount of all Classes, or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of any Principal Amount Note or interest on any Interest Bearing Note on or after the respective due dates expressed in such the Note and in this Indenture (or, in the case of redemption, on or after the Redemption Dateredemption date).

Undertaking for Costs. All parties to this Indenture ---------------------- agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 Indenture Note Trustee for any action taken, suffered or omitted by it as Indenture Note 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Note Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% 10 percent of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance Notes of the Controlling Class) a Series or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or (i) interest on any Note on or after the respective due dates expressed in such Note and in this Indenture Indenture, (orii) the unpaid principal, if any, of any Note on or after the Final Maturity Date therefor or (iii) in the case of redemption, the unpaid principal of and premium, if any, and interest on any Note on or after the Redemption Date)Date therefor.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture TrusteeTrustee [or the Securities Insurer], (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All The parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇Noteholder’s acceptance thereof shall of a Note will be deemed to have agreed, that any a court may in its discretion require, in any suit Proceeding for the enforcement of any right or remedy under this Indenture, or in any suit Proceeding 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 Proceeding of an undertaking to pay the costs of such suitProceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s 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; provided, however, that the provisions of this Proceeding. This Section 5.13 shall 5.15 will not apply to (ia) any suit Proceeding instituted by the Indenture Trustee, (iib) any suit Proceeding instituted by any Noteholder or group of Noteholders, in each case Noteholders holding Notes evidencing in the aggregate more than 10% of the Note Balance of the Notes Outstanding (or, or in the case of a Proceeding for the enforcement of any suit which right or remedy under this Indenture that is instituted by the Controlling Class, holding more than 10% of the Note Balance of the Controlling Class) ), or (iiic) any suit Proceeding instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Security Balances of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such ▇H▇▇▇▇▇’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 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 attorney’s feesattorneys’ fees and reasonable 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) Outstanding Amount or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture TrusteeTrustee or the Securities Insurer, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Balances of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such Holder's acceptance thereof ▇▇▇▇▇▇’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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the aggregate Note Balance (or, in for which purpose the case of any suit which is instituted by the Controlling Class, more than 10% Class A-IO Notes will be deemed to have a Note Balance equal to their Notional Amount) of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Senior Noteholder by such ▇▇▇▇▇▇’s Senior Noteholder'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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Senior Noteholder or group of Senior Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) Outstanding Amount or (iii) any suit instituted by any Senior Noteholder for the enforcement of the payment of principal of or interest on any Senior Note on or after the respective related due dates expressed in such Senior Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇Noteholder’s acceptance thereof shall of a Note will be deemed to have agreed, that any a 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 attorney’s 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; provided, however, that the provisions of this . This Section 5.13 shall 5.15 will not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case Noteholders holding Notes evidencing in the aggregate more than 10% of the Note Balance of the Notes Outstanding (or, or in the case of a suit for the enforcement of any suit which right or remedy under this Indenture that is instituted by the Controlling Class, holding more than 10% of the Note Balance of the Controlling Class) ), or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Note Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Note Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by 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 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 attorney’s 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; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by (i) the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement enforce­ment of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 Indenture Trustee for any action taken, suffered or omitted by it as the 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Note Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Note Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 's 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; provided, however, that but the provisions of this Section 5.13 shall not apply to to: (ia) any suit instituted by the Indenture TrusteeTrustee or the Facility Administrator, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case Noteholder(s) holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇Noteholder’s acceptance thereof shall of a Note will be deemed to have agreed, that any a 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 attorney’s 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; provided, however, that the provisions of this . This Section 5.13 shall 5.15 will not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance of the Notes Outstanding (or, or in the case of a suit for the enforcement of any suit which right or remedy under this Indenture that is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇’s 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 taken or omitted by it as Indenture Trustee, the filing by any party litigant in such suit suit, in the manner and to the extent provided in the Trust Indenture Act of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s 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; provided, however, that but neither the provisions of this Section 5.13 nor the Trust Indenture Act shall not apply be deemed to (i) authorize any court to require such an undertaking or to make such assessment in any suit instituted by the Indenture Trustee, (ii) to any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% in principal amount of the Note Balance (orthen Outstanding Notes, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or interest on any Note on or after the respective due dates maturities expressed in such Note and in this Indenture (or, in the case of redemptionredemption or repayment, on or after the Redemption Dateapplicable redemption date or the Maturity Date (as the same may be extended as provided hereunder)).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s '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 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 attorney’s 's 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; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such ▇H▇▇▇▇▇’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 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 attorney’s 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; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by (i) the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by 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 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, suit and that such court may in its discretion assess reasonable costs, including reasonable attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (Outstanding Amount of the Class A-1 Notes and the Class A-2 Notes, or, if there are no Class A-1 Notes or Class A-2 Notes Outstanding, any Noteholder or group of Noteholders holding in the case of any suit which is instituted by the Controlling Class, more than aggregate 10% of the Note Balance Outstanding Amount of the Controlling Class) Class B Notes or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇’s 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 taken or omitted by it as Indenture Trustee, the filing by any party part litigant in such suit suit, in the manner and to the extent provided in the Trust Indenture Act of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s 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; provided, however, that but neither the provisions of this Section 5.13 nor the Trust Indenture Act shall not apply be deemed to (i) authorize any court to require such an undertaking or to make such assessment in any suit instituted by the Indenture Trustee, (ii) to any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% in principal amount of the Note Balance (orthen Outstanding Notes, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or interest on any Note on or after the respective due dates maturities expressed in such Note and in this Indenture (or, in the case of redemptionredemption or repayment, on or after the Redemption Dateapplicable redemption date or the Expected Maturity Date (as the same may be extended as provided hereunder)).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Notes of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).. 35 (2017-B Indenture)

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such ▇H▇▇▇▇▇’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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).. 36 (2023-C Indenture)

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such ▇H▇▇▇▇▇’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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).. 36 (2023-A Indenture)

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such ▇▇Ho▇▇▇▇’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 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 attorney’s feesattorneys’ fees and reasonable 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) Securities or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) to any suit instituted by [the Note Insurer,] any Noteholder Noteholder, or group of NoteholdersNoteholders [with the prior consent of the Note Insurer], in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, Notes representing more than 10% of the Note Balance of the Controlling Class) Outstanding Notes, or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest any Deficiency Amount on any Note on or after the respective due dates expressed in such related Payment Date or for the enforcement of the payment of principal of any Note and in this Indenture on or after the Stated Maturity Date (or, in the case of any Note called for redemption, on or after the applicable Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).. 34 (2017-A Indenture)

Undertaking for Costs. All parties to this Indenture --------------------- agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 's 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; provided, -------- however, that the provisions of this Section 5.13 shall not apply to (i) any ------- suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such Holder's acceptance thereof ▇▇▇▇▇▇’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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the aggregate Note Balance of the Controlling ClassNotes (for which purpose the Class A-IO Notes will be deemed to have a Note Balance equal to their Notional Amount) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder holder of the Notes by such Noteholder's acceptance of any Note by 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder holder of the Notes, or group of Noteholdersholders of the Notes, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling ClassNotes) or (iiic) any suit instituted by any Noteholder holder of the Notes for the enforcement of the payment of principal of or interest (including any unpaid Noteholders' Interest Index Carryover)) on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such ▇▇▇▇▇▇’s its acceptance thereof shall be deemed to have agreedof its Note agrees, 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 or Co-Trustee for any action taken, suffered suffered, or omitted by it as Indenture Trustee or Co-Trustee, any court may in its discretion require the filing by any party litigant in such the suit of an undertaking to pay the costs of such the suit, and that such the court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees, against any party litigant in such the suit, having due regard to the merits and good faith of the claims or defenses made by such the party litigant; provided, however, that the . The provisions of this Section 5.13 shall not apply to to (i) any suit instituted by the Indenture Trustee or the Co-Trustee, , (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 1025% of the Note Balance (aggregate Outstanding Amount of all Classes, or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of any Principal Amount Note or interest on any Interest Bearing Note on or after the respective due dates expressed in such the Note and in this Indenture (or, in the case of redemption, on or after the Redemption Dateredemption date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇H▇▇▇▇▇’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 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 attorney’s 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; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 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 attorney’s feesattorneys' 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by the Insurer, any Noteholder Noteholder, or group of NoteholdersNoteholders with the prior written consent of the Insurer (so long as no Insurer Default has occurred), in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder Noteholder of any a Note by such ▇▇▇▇▇▇Noteholder’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 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 attorney’s feesattorneys’ fees and reasonable 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) Outstanding Amount or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇Noteholder’s acceptance thereof shall of a Note will be deemed to have agreed, that any a 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 attorney’s 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; provided, however, that the provisions of this . This Section 5.13 shall 7.15 will not apply to (ia) any suit instituted by the Indenture TrusteeTrustee (at the written direction of holders of at least 66.67% of the Note Balance of the Controlling Class), (iib) any suit instituted by any Noteholder or group of Noteholders, in each case Noteholders holding Notes evidencing in the aggregate more than 10% of the Note Balance (orBalance, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Datedate that the Notes are redeemed pursuant to Section 3.13).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s '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 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 attorney’s 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; provided, however, PROVIDED that the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s '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 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 attorney’s 's 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; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture TrusteeTrustee [or the Securities Insurer], (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s '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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Balances of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s '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 Indenture Trustee for any action taken, suffered or omitted by it as the Indenture Trustee, the filing by any party litigant in such suit Proceeding of an undertaking to pay the costs of such suitProceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees, against any party litigant in such suitProceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Notes, or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by 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 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 attorney’s 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; provided, however, that the provisions of this Section Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇H▇▇▇▇▇’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 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 attorney’s 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; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by (i) the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement enforce-ment of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Secured Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 5.15 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) to any suit instituted by the Note Purchaser or any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate Secured Notes representing more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Principal Balance of the Controlling Class) Outstanding Secured Notes, or (iii) to any suit instituted by the Note Purchaser or any Noteholder for the enforcement of the payment of principal of any Interest Payment Amount or interest Principal Payment Amount on any Secured Note on or after the respective due dates expressed in such related Payment Date or for the enforcement of the payment of principal of any Secured Note and in this Indenture on or after the Final Stated Maturity Date (or, in the case of any Secured Note called for redemption, on or after the applicable Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).. 34 (2016-B Indenture)

Undertaking for Costs. All parties to this Indenture agree, and each Holder Noteholder of any a Note by such ▇▇▇▇▇▇Noteholder’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 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 attorney’s feesattorneys’ fees and reasonable 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Outstanding Principal Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each ICI Holder of any ICI Note by 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 ICI Indenture Trustee for any action taken, suffered or omitted by it as ICI 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 attorney’s 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; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by an ICI Holder of Warehouse Notes, any suit instituted by the ICI Indenture Trustee, (ii) to any suit instituted by any Noteholder ICI Control Party, any ICI Holder, or group of NoteholdersICI Holders, in each case holding Notes evidencing in the aggregate more than 10% of the ICI Aggregate Note Balance (orPrincipal Balance, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder ICI Holder for the enforcement of the payment of the principal of or interest on any ICI Note on or after the respective due dates expressed in ICI Legal Maturity Date of such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)ICI Note.

Undertaking for Costs. All The parties to this Indenture hereto agree, and each Holder of any Note Noteholder, by such ▇▇▇▇▇▇Noteholder’s acceptance thereof of a Note, shall be deemed to have agreed, that any court may in its discretion require, in any suit Proceeding for the enforcement of any right or remedy under this Indenture, or in any suit Proceeding 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 Proceeding of an undertaking to pay the costs of such suitProceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees, against any party litigant in such suitProceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to any Proceeding instituted by (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing representing in the aggregate more than 10% of the aggregate Note Balance (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling ClassSenior Notes, or the Subordinate Notes, more than 10% of the Note Balance of the Controlling ClassSenior Notes or the Subordinate Notes, as the case may be) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates date expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 's 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; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All (a) Subject to paragraph (b), all parties to this Indenture deed agree, and each Holder of any Note Class A Noteholder by such ▇▇▇▇▇▇’s Class A Noteholder'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 Indenturedeed, or in any suit against the Indenture Note Trustee for any action taken, suffered or omitted by it as Indenture the Note 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 attorney’s attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses defences made by such party litigant; provided, however, that the . (b) The provisions of this Section 5.13 clause shall not apply to to: (i) any suit instituted by the Indenture Note Trustee, ; (ii) any suit instituted by any Noteholder Class A Noteholder, or group of Noteholders, Class A Noteholders in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Total Principal Amount of the Note Balance of the Controlling Class) or Class A Notes; or (iii) any suit instituted by any Class A Noteholder for the enforcement of the payment of principal of or interest on any Class A Note on or after the respective due dates expressed in such Class A Note and in this Indenture deed (or, in the case of redemptionfinal redemption of a Class A Note, on or after the Redemption Maturity Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Secured Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 5.15 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) to any suit instituted by the Note Purchaser or any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate Secured Notes representing more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Principal Balance of the Controlling Class) Outstanding Notes, or (iii) to any suit instituted by the Note Purchaser or any Noteholder for the enforcement of the payment of principal of any Interest Payment Amount or interest Principal Payment Amount on any Secured Note on or after the respective due dates expressed in such related Payment Date or for the enforcement of the payment of principal of any Secured Note and in this Indenture on or after the Final Stated Maturity Date (or, in the case of any Secured Note called for redemption, on or after the applicable Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such ▇▇▇▇▇▇’s its acceptance thereof shall be deemed to have agreedof its Note agrees, 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 or Co-Trustee for any action taken, suffered suffered, or omitted by it as Indenture Trustee or Co-Trustee, any court may in its discretion require the filing by any party litigant in such the suit of an undertaking to pay the costs of such the suit, and that such the court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees, against any party litigant in such the suit, having due regard to the merits and good faith of the claims or defenses made by such the party litigant; provided, however, that the . The provisions of this Section 5.13 shall not apply to to (i) any suit instituted by the Indenture Trustee, the Co-Trustee, or the Credit Enhancer, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 1025% of the Note Balance (aggregate Outstanding Amount of both Classes, or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such the Note and in this Indenture (or, in the case of redemption, on or after the Redemption Dateredemption date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder Noteholder by its acceptance of a Note or any Note by such ▇▇▇▇▇▇’s acceptance thereof interest therein, 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 attorney’s feesattorneys’ 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Issuer, or to any suit instituted by the Indenture Trustee, (ii) or to any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10at least 25% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Aggregate Note Balance of the Controlling Class) Outstanding Notes or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or interest on any Note on or after the respective due dates expressed in Maturity of such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Note.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇’s Noteholder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit Proceeding for the enforcement of any right or remedy under this Indenture, or in any suit Proceeding 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 Proceeding of an undertaking to pay the costs of such suitProceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees, against any party litigant in such suitProceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 6.11 shall not apply to to: (ia) any suit Proceeding instituted by the Indenture Trustee, ; (iib) any suit Proceeding instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) or Notes; or (iiic) any suit Proceeding instituted by any Noteholder for the enforcement of the payment of principal or premium, if any, of or interest on any Note on or after the respective due dates date expressed in such Note and or in this Indenture (or, in the case of redemption, on or after the Redemption Dateredemption date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 Indenture Trustee for any action taken, suffered or omitted by it as the 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Note Class, 103 113 more than 10% of the Note Balance Outstanding Amount of the Controlling Note Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder Noteholder by such Noteholder's acceptance of any Note by 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture TrusteeTrustee or the Subordinate Note Insurer, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest (including any Noteholders' Interest Basis Carryover) on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇’s 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 taken or omitted by it as Indenture Trustee, the filing by any party litigant in such suit in the manner and to the extent provided in the Trust Indenture Act of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s 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; provided, however, that but neither the provisions of this Section 5.13 nor the Trust Indenture Act shall not apply be deemed to (i) authorize any court to require such an undertaking or to make such assessment in any suit instituted by the Indenture Trustee, (ii) in any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% in principal amount of the Note Balance (orthen Outstanding Notes, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or interest on any Note on or after the respective due dates maturities expressed in such Note and in this Indenture (or, in the case of redemptionredemption or repayment, on or after the Optional Redemption Date or the Expected Maturity Date, as the same may be extended as provided hereunder).

Undertaking for Costs. All parties to this Indenture agree, --------------------- and each Holder of any Note Noteholder by such ▇▇▇▇▇▇’s 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 attorney’s attorneys' fees, against any party litigant (other than the Indenture Trustee) in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 5.14 shall not apply to (i) any suit instituted by the Indenture ------------ Trustee, (ii) to any suit instituted by any Noteholder Noteholder, or group of NoteholdersNoteholders (in compliance with Section 5.8), in each case holding Notes evidencing in the aggregate representing more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% ----------- Outstanding Amount of the Note Balance of the Controlling Class) affected Series, or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or interest on in respect of any Note on or after the respective Distribution Date on which any of such amounts was due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the applicable Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇’s Noteholder'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 Indenture Trustee for any action taken, suffered or omitted by it as the Indenture Trustee, the filing by any party litigant in such suit Proceeding of an undertaking to pay the costs of such suitProceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees, against any party litigant in such suitProceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; providedPROVIDED, howeverHOWEVER, that the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case Series Outstanding Amount of any suit which is instituted by the Controlling ClassSeries of Notes, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 5.15 shall not apply to (i) any suit instituted by the Indenture TrusteeTrustee or the Note Insurer, (ii) to any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate Notes representing more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Principal Balance of the Controlling Class) Outstanding Notes of all of the Classes, or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of principal of any Interest Payment Amount or interest Base Principal Payment Amount on any Note on or after the respective due dates expressed in such related Payment Date or for the enforcement of the payment of principal of any Note and in this Indenture on or after the Final Stated Maturity Date (or, in the case of any Note called for redemption, on or after the applicable Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Principal Balances of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, in the case of any suit a right or remedy under this 37 Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture --------------------- agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, --------------------- and each Holder of any Note Noteholder by such ▇▇▇▇▇▇’s 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 attorney’s attorneys' fees, against any party litigant (other than the Indenture Trustee) in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 5.14 shall not apply to (i) any suit instituted by the Indenture ------------ Trustee, (ii) to any suit instituted by any Noteholder Noteholder, or group of NoteholdersNoteholders (in compliance with Section 5.8), in each case holding Notes evidencing in the aggregate representing more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% ----------- principal balance of the Note Balance Outstanding Notes of the Controlling Class) affected Series, or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or interest on in respect of any Note on or after the respective Distribution Date on which any of such amounts was due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the applicable Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such ▇▇▇▇▇▇’s 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 5.15 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) to any suit instituted by the Initial Purchaser or any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate Notes representing more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Principal Balance of the Controlling Class) Outstanding Notes, or (iii) to any suit instituted by the Initial Purchaser or any Noteholder for the enforcement of the payment of principal of any Interest Payment Amount or interest Class A Principal Payment Amount on any Note on or after the respective due dates expressed in such related Payment Date or for the enforcement of the payment of principal of any Note and in this Indenture on or after the Final Stated Maturity Date (or, in the case of any Note called for redemption, on or after the applicable Redemption Date).

Undertaking for Costs. All parties to this Indenture --------------------- agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇’s 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 taken or omitted by it as Indenture Trustee, the filing by any party litigant in such suit in the manner and to the extent provided in the Trust Indenture Act of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s 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; provided, however, that but neither the provisions of this Section 5.13 nor the Trust Indenture Act shall not apply be deemed to (i) authorize any court to require such an undertaking or to make such assessment in any suit instituted by the Indenture Trustee, (ii) in any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% in principal amount of the Note Balance (orthen Outstanding Notes, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or interest on any Note on or after the respective due dates maturities expressed in such Note and in this Indenture (or, in the case of redemptionredemption or repayment, on or after the Optional Redemption Date or the Expected Maturity Date, as the same may be extended as provided hereunder).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇’s Noteholder'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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemptiona prepayment, on or after the Redemption Prepayment Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇’s '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 Indenture Trustee for any action taken, suffered or omitted by it as the 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Aggregate Outstanding Principal Balance of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Note Class, more than 10% of the Note Aggregate Outstanding Principal Balance of the Controlling Note Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such H▇▇▇▇▇▇’s '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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Security Balances of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Class A Note by 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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Class A Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Class A Note on or after the respective due dates expressed in such Class A Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇’s Noteholder'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 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 attorney’s 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance principal amount of the Notes Outstanding [(or, in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) Class Outstanding] or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇’s Noteholder'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 Indenture Trustee for any action taken, suffered or omitted by it as the Indenture Trustee, the filing by any party litigant in such suit Proceeding of an undertaking to pay the costs of such suitProceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees, against any party litigant in such suitProceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case Series Outstanding Amount of any suit which is instituted by the Controlling ClassSeries of Notes, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such ▇▇▇▇▇▇’s 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 taken or omitted by it as Indenture Trustee, the filing by any party part litigant in such suit suit, in the manner and to the extent provided in the Trust Indenture Act of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s 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; provided, however, that but neither the provisions of this Section 5.13 nor the Trust Indenture Act shall not apply be deemed to (i) authorize any court to require such an undertaking or to make such assessment in any suit instituted by the Indenture Trustee, (ii) to any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% in principal amount of the Note Balance (orthen Outstanding Notes, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or interest on any Note on or after the respective due dates maturities expressed in such Note and in this Indenture (or, in the case of redemptionredemption or repayment, on or after the Redemption applicable redemption date or the Maturity Date).