Common use of ASSESSMENT OF COSTS AND ATTORNEYS' FEES IN LEGAL PROCEEDINGS Clause in Contracts

ASSESSMENT OF COSTS AND ATTORNEYS' FEES IN LEGAL PROCEEDINGS. All parties to this Indenture and the holders of the Securities agree that the court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such action, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonably attorney's fees, against any party litigant in such action, suit or proceeding, 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 6.08 shall not apply to any action, suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any one or more holders of Securities holding in the aggregate more than 10% in principal amount of the Securities of any series outstanding, or to any action, suit or proceeding instituted by any holder of Securities of any series for the enforcement of the payment of the principal of or premium, if any, or the interest on, any of the Securities of such series, on or after the respective due dates expressed in such Securities.

ASSESSMENT OF COSTS AND ATTORNEYS' FEES IN LEGAL PROCEEDINGS. All parties to this Indenture and the holders of the Securities agree that the court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such action, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonably attorney's fees, against any party litigant in such action, suit or proceeding, 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 6.08 9.07 shall not apply to any action, suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any one or more holders of Securities holding in the aggregate more than 105% in principal amount of the Securities of any series outstanding, or to any action, suit or proceeding instituted by any holder of Securities of any series for the enforcement of the payment of the principal of or premium, if any, or the interest on, any of the Securities of such series, on or after the respective due dates expressed in such Securities.

ASSESSMENT OF COSTS AND ATTORNEYS' FEES IN LEGAL PROCEEDINGS. All parties to this Indenture and the holders of the Securities agree that the court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such action, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonably attorney's fees, against any party litigant in such action, suit or proceeding, 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 6.08 shall not apply to any action, suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any one or more holders of Securities holding in the aggregate more than 10% in principal amount of the Securities of any series outstanding, or to any action, suit or proceeding instituted by any holder of Securities of any series for the enforcement of the payment of the principal of or premium, if any, or the interest on, any of the Securities of such series, on or after the respective due dates expressed in such Securities.

ASSESSMENT OF COSTS AND ATTORNEYS' FEES IN LEGAL PROCEEDINGS. All parties to this Indenture and the holders of the Securities agree that the court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such action, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonably attorney's fees, against any party litigant in such action, suit or proceeding, 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 6.08 9.07 shall not apply to any action, suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any one or more holders of Securities holding in the aggregate more than 105% in principal amount of the Securities of any series outstanding, or to any action, suit or proceeding instituted by any holder of Securities of any series for the enforcement of the payment of the principal of or premium, if any, or the interest on, any of the Securities of such series, on or after the respective due dates expressed in such Securities.

ASSESSMENT OF COSTS AND ATTORNEYS' FEES IN LEGAL PROCEEDINGS. All parties to this Indenture agree, and the holders each Holder of the Securities agree any Debt Security by his acceptance thereof shall be deemed to have agreed, that the any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such action, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonably attorney's feesreasonable attorneys' fees and expenses, against any party litigant in such action, suit or proceeding, 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 6.08 shall not apply to any action, suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any one or more holders of Securities Holders holding in the aggregate more than 10% in principal amount of the Outstanding Debt Securities of any series outstandingseries, or to any action, suit or proceeding instituted by any holder of Securities of any series Holder for the enforcement of the payment of the principal of (or premium, if any, ) or the interest on, on any of the Debt Securities of such series, on or after the respective due dates Stated Maturity or Maturities expressed in such SecuritiesDebt Securities (or, in the case of redemption, on or after the Redemption Date).

ASSESSMENT OF COSTS AND ATTORNEYS' FEES IN LEGAL PROCEEDINGS. All parties to this Indenture agree, and the holders each Holder of the Securities agree any Debt Security by his acceptance thereof shall be deemed to have agreed, that the any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such action, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonably attorney's reasonable attorneys' fees, against any party litigant in such action, suit or proceeding, 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 6.08 608 shall not apply to any action, suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any one or more holders of Securities Holders holding in the aggregate more than 10% in principal amount of the Outstanding Debt Securities of any series outstandingseries, or to any action, suit or proceeding instituted by any holder of Securities of any series Holder for the enforcement of the payment of the principal of (or premium, if any, ) or the interest on, on any of the Debt Securities of such series, on or after the respective due dates Stated Maturity or Maturities expressed in such SecuritiesDebt Securities (or, in the case of redemption, on or after the Redemption Date).