Common use of Limitation of Rights of Holders Clause in Contracts

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, termination, dissolution, bankruptcy or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor dissolve, terminate or annul the Issuer Trust, nor entitle the legal representatives, successors or heirs of such Person or any Holder for such person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them. All parties to this Trust Agreement agree, and each Holder of any Trust Securities by his or her acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit against any Issuer Trustee for any action taken or omitted by it as Issuer Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this paragraph shall not apply to any suit instituted by any Issuer Trustee or to any suit instituted by any Holder or group of Holders of more than 10% in aggregate number of the outstanding Trust Securities.

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, termination, dissolution, bankruptcy occurrence of a Bankruptcy Event, or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate this Trust Agreement, nor dissolve, terminate or annul the Issuer Trust, nor entitle the legal representatives, successors representatives or heirs of such Person that person or any Holder for such that person, to claim an accounting, take any action action, or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and obligations, or liabilities of the parties hereto or any of them. All parties to this Trust Agreement agree, and each Holder of any Trust Securities by his or her that Holder’s acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit against any Issuer Trustee or Administrator for any action taken or omitted by it as Issuer TrusteeTrustee or Administrator, the filing by any party litigant in such that suit of an undertaking to pay the costs of such that suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such that suit, having due regard to the merits and good faith of the claims or defenses made by such that party litigant; but the provisions of this paragraph shall not apply to any suit instituted by any Issuer Trustee or Administrator or to any suit instituted by any Holder or group of Holders of more than 10% in aggregate number Liquidation Preference of the outstanding Trust Securities.

Limitation of Rights of Holders. Except as set forth in Section 9.2, the death, termination, dissolution, bankruptcy or incapacity of any Person having an interest, beneficial or otherwise, in Trust Securities shall not operate to terminate TRUST AGREEMENT this Trust Agreement, nor dissolve, terminate or annul the Issuer Trust, nor entitle the legal representatives, successors or heirs of such Person or any Holder for such person, to claim an accounting, take any action or bring any proceeding in any court for a partition or winding up of the arrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them. All parties to this Trust Agreement agree, and each Holder of any Trust Securities by his or her acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit against any Issuer Trustee for any action taken or omitted by it as Issuer Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this paragraph shall not apply to any suit instituted by any Issuer Trustee or to any suit instituted by any Holder or group of Holders of more than 10% in aggregate number of the outstanding Trust Securities.