Requirement of Undertaking. The Trustee may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and 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; provided, however, that the provisions of this Section shall not apply to any suit by the Trustee.
Requirement of Undertaking. The Trustee may request the Bankruptcy Court to require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, including reasonable attorneys’ fees, against any party litigant in such suit; provided, however, that the provisions of this Section 6.07 shall not apply to any suit by the Trustee.
Requirement of Undertaking. The Liquidating Trustee may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Liquidating Trustee for any action taken or omitted by it as Liquidating Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and 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; provided, however, that the provisions of this Section shall not apply to any suit by the Liquidating Trustee.
Requirement of Undertaking. The Liquidating Trustees may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Liquidating Trustees for any action taken or omitted by them as Liquidating Trustees, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and 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; provided, that the provisions of this Section shall not apply to any suit by the Liquidating Trustees, and such undertaking shall not be required from the Liquidating Trustees or otherwise required in any suit by any Beneficiary or group of Beneficiaries having aggregate Beneficial Interests of more than 50% of all Beneficial Interests.
Requirement of Undertaking. All parties to this Agreement agree, and each Certificate Holder by his acceptance thereof shall be deemed to have agreed, that the Trustees may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustees for any action taken or omit- xxx by them as Trustees, 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; provided, that the provisions of this Section shall not apply to any suit instituted by the Trustees.
Requirement of Undertaking. The Trustees may request any court to require, and any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against the Trustees for any action taken or omitted by them as Trustees, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and 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, that the provisions of this Section 11.3 shall not apply to any suit by the Trustees and such undertaking shall not be requested by the Trustees or otherwise required in any suit by any Beneficiary or group of Beneficiaries having an aggregate beneficial interest of more than 25% of the total beneficial interests of the Trust.
Requirement of Undertaking. 28 ARTICLE XII MEETING OF BENEFICIARIES
Requirement of Undertaking. The Trustees may request any court to require, and any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Agreement, or in any action, suit or other proceeding against the Trustees for any action taken or omitted by them as Trustees, the filing by any party litigant in such action, suit or other proceeding of an undertaking to pay the costs of such action, suit, or other proceeding, and such court may in its discretion assess reasonable costs, including reasonable attorneys' fees, against any party litigant in such action, suit or other 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 11.3 shall not apply to any action, suit or other proceeding by the Trustees; and provided, further, that no provision of this Section 11.3 shall in any manner limit any Person's right to indemnification under Section 7.6 ARTICLE XII
Requirement of Undertaking. TheA Liquidating Trustee may request the Bankruptcy Court to require, in any suit for the enforcement of any right or remedy under this Agreement, or in any suit against thea Liquidating Trustee for any action taken or omitted by it as a Liquidating Trustee, that the filing party litigant in such suit pay the costs of such suit, including reasonable attorneys' fees, against any party litigant in such suit; provided, however, that the provisions of this Section 5.10 shall not apply to any suit by thea Liquidating Trustee.
Requirement of Undertaking. 20 11.4 Laws as to Construction ..............................................20 11.5 Severability .........................................................20 11.6 Notices ..............................................................21 11.7 Counterparts .........................................................21 11.8 Jurisdiction .........................................................21 Exhibit A ...................................................................A-1 Exhibit B ...................................................................B-1 Exhibit C ...................................................................C-1 Exhibit D ...................................................................D-1 Exhibit E ...................................................................E-1 Exhibit F .................................................................. F-1 LFC/LMUSA JOINT LITIGATION TRUST AGREEMENT LFC/LMUSA JOINT LITIGATION TRUST AGREEMENT THIS AGREEMENT AND DECLARATION OF TRUST (the "Agreement") is made as of the 6th day of March, 1997, by and among Lomas Financial Corporation. Inc., a Delaware corporation and a Debtor and a Debtor-in-possession ("LFC"), Lomas Information Systems. Inc., a Nevada corporation and a Debtor and a Debtor-in-possession ("LIS"), Lomas Administrative Services, Inc., a Nevada corporation and a Debtor and a Debtor-in-possession ("LAS"), Siena Holdings, Inc., a Delaware corporation ("Reorganized LFC"), Siena Information Services, Inc., a Nevada corporation ("Reorganized LIS"), and Lomas Mortgage USA, Inc., a Connecticut corporation and a Debtor and a Debtor-in-possession ("LMUSA"), Nomas Corp., a Connecticut corporation ("Reorganized LMUSA") Neil X. Xxxxxxxx, Xxq. and Martxx X. Xxxxxxxxxxx, Xxq., as Trustees for the LMUSA Litigation Trust, and Martxx X. Xxxxxxx, Xxq., as the Trustee hereunder (as defined below).
