Common use of Undertaking for Costs Clause in Contracts

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, or a suit by Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 7 contracts

Samples: Indenture (Atlantic Express Transportation Corp), Indenture (American Restaurant Group Inc), Indenture (Atlantic Express Transportation Corp)

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Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in aggregate principal amount of the then outstanding Notes.

Appears in 7 contracts

Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Beacon Roofing Supply Inc), Indenture (Amc Entertainment Holdings, Inc.)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the such suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.14 does not apply to a suit by the Trustee, a suit by a Holder holder pursuant to Section 6.66.07, or a suit by Holders holders of more than 10% in aggregate principal amount of the then outstanding Notes.

Appears in 6 contracts

Samples: Senior Notes Indenture (Hanesbrands Inc.), Senior Notes Indenture (IHS Markit Ltd.), Senior Notes Indenture (IHS Markit Ltd.)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by Holders of more than 10% in aggregate principal amount of the then outstanding Notes.

Appears in 6 contracts

Samples: Supplemental Indenture (Liberty Global PLC), Supplemental Indenture (Liberty Global PLC), Supplemental Indenture (Liberty Global PLC)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to for the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in principal amount of the then outstanding NotesDebentures.

Appears in 6 contracts

Samples: Indenture (Intervest Mortgage Corp), Article Eight (Intervest Corporation of New York), Indenture (Intervest Bancshares Corp)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 6 contracts

Samples: Indenture (BWAY Holding CO), Indenture (Wickes Inc), Quality Distribution Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the such suit of to file an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees’ fees and expenses, against any party litigant in the suit, suit having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 6 contracts

Samples: Indenture (Earthlink Inc), Indenture (Earthlink Inc), Security Agreement (PAETEC Holding Corp.)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07 hereof, or a suit by Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 6 contracts

Samples: Indenture, Execution Version, Indenture

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 6 contracts

Samples: Indenture (Excel Legacy Corp), Pledge Agreement (Excel Legacy Corp), Restricted Stock Agreement (Jordan Industries Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having the due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in principal amount of the then outstanding Notes.Series. ARTICLE SEVEN

Appears in 6 contracts

Samples: Indenture (Horton D R Inc /De/), MDC Holdings Inc, MDC Holdings Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.7, or a suit by Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 6 contracts

Samples: Indenture (Davis-Standard CORP), Indenture (Davis-Standard CORP), Indenture (Huntsman Polymers Corp)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Security pursuant to Section 6.66.07, or a suit by Holders of more than 10% in principal amount of the then outstanding NotesOutstanding Securities of any series.

Appears in 5 contracts

Samples: Indenture (BRMK Management, Corp.), Indenture (Ventas Inc), Ventas Realty Limited Partnership

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trusteeit, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by the Issuer, a suit by a Holder pursuant to Section 6.6, 6.7 or a suit by Holders of more than 10% in outstanding principal amount of the then outstanding Notes.

Appears in 5 contracts

Samples: Indenture (Greatbatch, Inc.), Indenture (OLIN Corp), Indenture (Community Health Systems Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a the Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, Trustee or a suit by a Holder pursuant to Section 6.6, Paying Agent or a suit by Holders of more than 10% in principal amount of the Notes of a series then outstanding Notesoutstanding.

Appears in 5 contracts

Samples: Indenture (NXP Semiconductors N.V.), NXP Semiconductors N.V., NXP Semiconductors N.V.

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by the Issuers, a Holder suit by a Securityholder pursuant to Section 6.6, 6.7 or a suit by Holders Securityholders of more than 10% in outstanding principal amount of the then outstanding NotesSecurities.

Appears in 5 contracts

Samples: Indenture (Star Gas Partners Lp), Indenture (Star Gas Partners Lp), Indenture (Star Gas Finance Co)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in aggregate principal amount of the Securities then outstanding Notesoutstanding.

Appears in 5 contracts

Samples: Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (WCI Communities, Inc.)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the such suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.14 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by Holders of more than 10% in aggregate principal amount of the then outstanding Notes.

Appears in 5 contracts

Samples: Indenture (Universal Health Services Inc), Senior Notes Indenture (Darling Ingredients Inc.), Indenture (Universal Health Services Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.7 or a suit by Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 5 contracts

Samples: Indenture (Mobile Mini Inc), Indenture (Propex International Holdings II Inc.), Indenture (Mobile Mini Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses defences made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.8, or a suit by Holders any Holder, group of Holders, of, collectively, more than 1050% in aggregate principal amount of the then outstanding NotesOutstanding Debentures.

Appears in 5 contracts

Samples: Indenture (C21 Investments Inc.), Indenture (C21 Investments Inc.), Odyssey Trust Company (CLS Holdings USA, Inc.)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.64.7, or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 4 contracts

Samples: Indenture (Dennys Holdings Inc), Indenture (Dennys Holdings Inc), Indenture (Advantica Restaurant Group Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by a Holder or Holders of more than 10% in principal amount at maturity of the then outstanding NotesSecurities.

Appears in 4 contracts

Samples: Indenture (Capstar Broadcasting Partners Inc), Acme Intermediate Holdings LLC, Acme Television LLC

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 5.07 or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 4 contracts

Samples: Execution Copy (Contifinancial Corp), Mid America Capital Partners L P, Mid America Capital Partners L P

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 7.13 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.67.7, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 4 contracts

Samples: Indenture (Color Spot Nurseries Inc), Indenture (Metals Usa Inc), Indenture (RSC Duval Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder holder of Notes pursuant to Section 6.6, 6.06 or a suit by Holders holders of Notes of more than 10% in aggregate principal amount of the then outstanding Notes.

Appears in 4 contracts

Samples: Indenture (PT Indosat TBK), Indenture (PT Indosat TBK), Indosat International (PT Indosat TBK)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by the Issuer, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in aggregate principal amount of the then outstanding Notes.

Appears in 4 contracts

Samples: Security Agreement (Western Digital Corp), Indenture (Western Digital Corp), wm.kgi.com.hk

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a the Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.12 does not apply to a suit by the TrusteeTrustee or a Paying Agent, a suit by a Holder pursuant to Section 6.6, 6.08 or a suit by Holders of more than 10% in principal amount of the Notes then outstanding Notesoutstanding.

Appears in 4 contracts

Samples: Intercreditor Agreement (Ferroglobe PLC), Indenture (Ferroglobe PLC), Intercreditor Agreement (Ferroglobe PLC)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 4 contracts

Samples: Indenture (Chesapeake BNR Corp.), Leucadia National Corp, Leucadia National Corp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in aggregate principal amount of the then outstanding NotesSecurities.

Appears in 4 contracts

Samples: Tia Indenture (Rite Aid Corp), Security Agreement (Rite Aid Corp), Alamosa Delaware Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture Agreement or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs cost of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder Bondholder pursuant to Section 6.6, 10.06 or a suit by Holders holders of more than 1025% in aggregate principal amount of the then outstanding NotesBonds outstanding.

Appears in 4 contracts

Samples: Loan and Trust Agreement (Tampa Electric Co), Loan and Trust Agreement (Tampa Electric Co), Loan and Trust Agreement (Tampa Electric Co)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities of any Series.

Appears in 4 contracts

Samples: Indenture (Goodyear Export Inc.), Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Cabot Corp)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the such suit of an undertaking to pay the costs of the such suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the such suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does 6.11 shall not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07 hereof, or a suit by Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 4 contracts

Samples: Subordination Agreement (Sun Media Corp), Subordination Agreement (Groupe De Divertissement Superclub Inc), Medvest Holdings Corp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court may in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a any suit by the Trustee, a any suit by a Holder pursuant to Section 6.66.07, or a suit by Holders of more than 10% in aggregate principal amount of the then outstanding Notes.

Appears in 4 contracts

Samples: Indenture (Prime Succession Inc), Loewen Group Inc, Rose Hills Co

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the such suit of an undertaking to pay the costs of the suit, suit and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees’ fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.14 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in aggregate principal amount of the then outstanding Notes.

Appears in 4 contracts

Samples: Indenture (Concordia International Corp.), Indenture (Concordia International Corp.), Indenture (Concordia Investment Holdings (Jersey) LTD)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 5.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.65.7, or a suit by a Holder or Holders of more than 1025% in aggregate principal amount of the then outstanding NotesSecurities.

Appears in 4 contracts

Samples: Scott Cable Communications Inc, Scott Cable Communications Inc, Scott Cable Communications Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 3 contracts

Samples: Indenture (Wolverine Tube Inc), Indenture (Wolverine Tube Inc), Indenture (Wt Holding Company, Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.12 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.08 or a suit by Holders of more than 10% in aggregate principal amount of the Notes then outstanding Notesoutstanding.

Appears in 3 contracts

Samples: Indenture (Massey Energy Co), Indenture (Ipsco Inc), 3019693 Nova Scotia U.L.C.

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in principal Principal amount of the then outstanding NotesSecurities.

Appears in 3 contracts

Samples: Indenture (Sunopta Inc), Indenture (Revlon Consumer Products Corp), Stake Technology LTD

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 7.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 7.06 or a suit by Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 3 contracts

Samples: Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, suit having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to for the enforcement of rights set forth in Section 6.65.06, or a suit by Holders of more than 10at least 15% in principal amount of the then then-outstanding NotesSecurities.

Appears in 3 contracts

Samples: Indenture (Rb Asset Inc), Indenture (Rb Asset Inc), Indenture (Rb Asset Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 5.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.65.07, or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 3 contracts

Samples: Leucadia National Corp, Leucadia National Corp, Leucadia National Corp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does 7.11 shall not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.67.07, or a suit by Holders of more than 10% in principal amount of the Notes then outstanding Notesoutstanding.

Appears in 3 contracts

Samples: Indenture (Goss Holdings Inc), Goss Holdings Inc, Goss Graphic Systems Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 5.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.65.07, or a suit by a Holder or Holders of more than ten percent (10% %) in principal amount of the then outstanding Notes.

Appears in 3 contracts

Samples: Indenture (Cellstar Corp), Indenture (Cellstar Corp), Indenture (Cellstar Corp)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture Agreement or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, Trustee or a suit by a Holder of a Note pursuant to Section 6.6, or a suit by Holders of more than 10% in principal amount of the then outstanding Notes6.07 hereof.

Appears in 3 contracts

Samples: Indenture (Sac Holding Corp), Amerco /Nv/, Amerco /Nv/

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.7, or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 3 contracts

Samples: Indenture (Jordan Industries Inc), Indenture (American Business Financial Services Inc /De/), Indenture (Dart Group Corp)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.65.07, or a suit by Holders of more than 10% in principal amount of the any series of Securities then outstanding Notesoutstanding.

Appears in 3 contracts

Samples: Indenture (Amerigas Finance Corp), Indenture (Amerigas Partners Lp), Amerigas Partners Lp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the such suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.14 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by Holders of more than 10% in aggregate principal amount of the then outstanding NotesNotes of any series.

Appears in 3 contracts

Samples: Senior Notes Indenture (Equitrans Midstream Corp), Senior Notes Indenture (Equitrans Midstream Corp), Senior Notes Indenture (Equitrans Midstream Corp)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 3 contracts

Samples: Indenture (Votorantim Pulp & Paper Inc), Indenture (Fibria Celulose S.A.), Indenture (Fibria Celulose S.A.)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 hereof or a suit by Holders of more than 10% in principal amount at maturity of the Notes then outstanding Notesoutstanding.

Appears in 3 contracts

Samples: Supplemental Indenture (Muzak Holdings Finance Corp), TWP Capital Corp Ii, Oro Spanish Broadcasting Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.7 or a suit by Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 3 contracts

Samples: Indenture (Mobile Mini Inc), Indenture (Dan River Inc /Ga/), Nacg Finance LLC

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSenior Subordinated Securities.

Appears in 3 contracts

Samples: Indenture (Cadmus Communications Corp/New), Indenture (Cadmus Communications Corp/New), Indenture (Cadmus Communications Corp/New)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses defense made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 3 contracts

Samples: Indenture (Getchell Gold Corp), Advanced Micro Devices Inc, Owens Illinois Group Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities of any Series.

Appears in 3 contracts

Samples: Indenture (Bell Atlantic New Jersey Inc), Bell Atlantic Pennsylvania Inc, New York Telephone Co

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder Securityholder pursuant to Section 6.66.07 hereof, or a suit by Holders Securityholders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 3 contracts

Samples: Indenture (Sweetheart Holdings Inc \De\), Indenture (Sweetheart Holdings Inc \De\), Sweetheart Holdings Inc \De\

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, suit having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 5.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.65.07 of this Indenture, or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 3 contracts

Samples: Security Pledge and Intercreditor Agreement (Nutritional Sourcing Corp), Indenture (Nutritional Sourcing Corp), Indenture (Pueblo Xtra International Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.7 or a suit by Holders of more than 10% in aggregate principal amount of the then outstanding NotesSecurities.

Appears in 3 contracts

Samples: Oci N Corp, Sprint Spectrum L P, Sprint Spectrum Finance Corp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 3 contracts

Samples: First Franklin Financial Corp, 1st FRANKLIN FINANCIAL CORP, First Franklin Financial Corp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses defense made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 3 contracts

Samples: Indenture (O-I Glass, Inc. /DE/), Indenture (Owens-Illinois Group Inc), Indenture (O-I Glass, Inc. /DE/)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 hereof or a suit by Holders of more than 10% in principal amount of the Notes (including Additional Notes, if any) then outstanding Notesoutstanding.

Appears in 3 contracts

Samples: Lamar Media Corp/De, Lamar Advertising Co/New, Lamar Advertising Co/New

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by Holders of more than 10% in principal amount Principal Amount of the any series of Securities then outstanding Notesoutstanding.

Appears in 3 contracts

Samples: Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture Note or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 22 or a suit by Holders holders of more than 10% in principal amount of the then outstanding New Notes.

Appears in 3 contracts

Samples: Exchange Agreement (Avondale Inc), Avondale Inc, Avondale Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 3 contracts

Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Supplemental Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/)

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Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.. ARTICLE SEVEN

Appears in 3 contracts

Samples: Registration Rights Agreement (Management Solutins Inc/), Purchase Agreement (Wilson Greatbatch Technologies Inc), Tokheim Corp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 3 contracts

Samples: Barrett Resources Corp, Newfield Exploration Co /De/, Barrett Resources Corp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' attorney's fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.06, or a suit by Holders of more than 10% in principal amount of the Securities then outstanding Notesoutstanding, or a suit by any holder of Senior Indebtedness.

Appears in 3 contracts

Samples: Sizeler Property Investors Inc, Sizeler Property Investors Inc, Sizeler Property Investors Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses defences made by the party litigant. This Section 7.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.67.8, or a suit by any Holder or group of Holders of more than 1050% in aggregate principal amount of the then outstanding NotesOutstanding Debentures.

Appears in 3 contracts

Samples: webfiles.thecse.com, sec.report, webfiles.thecse.com

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.7, or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 3 contracts

Samples: Registration Rights Agreement (Forman Petroleum Corp), Chesapeake Gas Development Corp, Chesapeake Gas Development Corp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.14 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by Holders of more than 1010.0% in aggregate principal amount of the then outstanding Notes.

Appears in 3 contracts

Samples: Indenture (Avantor, Inc.), Indenture (Avantor, Inc.), Indenture (Avantor, Inc.)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing filing, by any party litigant in the suit suit, of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 2 contracts

Samples: Jones Group Inc, JAG FOOTWEAR, ACCESSORIES & RETAIL Corp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.65.7, or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 2 contracts

Samples: Indenture (All Star Gas Corp), Indenture (All Star Gas Corp)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses defense made by the party litigant. This Section 8.11 does not apply to a suit made by the Trustee, a suit by a Holder pursuant to Section 6.68.06, or a suit by Holders of more than 10% in principal amount of the Securities then outstanding Notesoutstanding.

Appears in 2 contracts

Samples: Smurfit Stone Container Corp, Smurfit Stone Container Corp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.65.07, or a suit by Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 2 contracts

Samples: Security Agreement (Aes China Generating Co LTD), Security Agreement (Aes China Generating Co LTD)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.7 or a suit by Holders of more than ten percent (10% %) in principal amount of the then outstanding Outstanding Notes.

Appears in 2 contracts

Samples: Baron Wire & Cable Corp., CCI International, Inc.

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 2 contracts

Samples: Indenture (Pacific Drilling S.A.), First Preferred Mortgage (Pacific Drilling S.A.)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities of any Series.

Appears in 2 contracts

Samples: Molson Coors Brewing Co, Coors Adolph Co

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses defense made by the party litigant. This Section 8.11 does not apply to a suit made by the Trustee, a suit by a Holder pursuant to Section 6.68.7, or a suit by Holders of more than 10% in principal amount of the Debentures then outstanding Notesoutstanding.

Appears in 2 contracts

Samples: Skytel Communications Inc, Mci Worldcom Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by the Issuer, a suit by a Holder pursuant to Section 6.6, 6.7 or a suit by Holders of more than 10% in outstanding principal amount of the then outstanding NotesSecurities.

Appears in 2 contracts

Samples: Indenture (Hanover Compressor Co /), Hanover Compressor Co /

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 1010.0% in principal amount of the then outstanding NotesSecurities.

Appears in 2 contracts

Samples: Indenture (Suzano Austria GmbH), Indenture (Suzano Austria GmbH)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 5.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.65.07, or a suit by Holders of more than 10% in principal amount of the then outstanding Notes.Securities. ARTICLE SIX TRUSTEE

Appears in 2 contracts

Samples: Indenture (Leucadia National Corp), Indenture (Leucadia National Corp)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 1010.0% in principal amount of the then outstanding NotesSecurities.

Appears in 2 contracts

Samples: sec.report, Indenture (Evenflo Co Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.7 or a suit by Holders of more than 10% in aggregate principal amount at maturity of the then outstanding NotesSecurities.

Appears in 2 contracts

Samples: Sprint Spectrum Finance Corp, Sprint Spectrum L P

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in principal amount Principal Amount of the then outstanding Notes.

Appears in 2 contracts

Samples: Indenture (Rev Holdings LLC), Plans Assumption Agreement (Rev Holdings LLC)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.7, or a suit by Holders of more than 10% in aggregate principal amount at maturity of the then outstanding Notes.

Appears in 2 contracts

Samples: CHS Electronics Inc, Telewest Communications PLC /New/

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.12 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.08 or a suit by Holders of more than 10% in aggregate principal amount of the Notes then outstanding Notesoutstanding.

Appears in 2 contracts

Samples: Indenture (Ipsco Inc), Indenture (Massey Energy Co)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding Notes.Securities. ARTICLE SEVEN

Appears in 2 contracts

Samples: Financing Agreement (Arcon Coating Mills Inc), MTL Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing filing, by any party litigant in the suit suit, of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 2 contracts

Samples: Jones Apparel Group Inc, Jones Apparel Group Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.7 or a suit by Holders of more than 10% a majority in principal amount of the then outstanding NotesSecurities.

Appears in 2 contracts

Samples: Indenture (Performance Home Buyers LLC), Indenture (Performance Home Buyers LLC)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 7.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 7.07 or a suit by Holders of more than 10% in principal amount of the then outstanding Notes.

Appears in 2 contracts

Samples: Indenture (Icf Kaiser International Inc), Systems Applications International Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.7 or a suit by Holders of more than 10% in principal amount of the Notes then outstanding Notesoutstanding.

Appears in 2 contracts

Samples: Indenture (Home Holdings Inc), Indenture (Home Holdings Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder 63 57 pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in principal amount of the then outstanding NotesSecurities.

Appears in 2 contracts

Samples: Phoenix Racing Inc, J H Heafner Co Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 7.11 does not apply to a suit made by the Trustee, a suit by a Holder pursuant to Section 6.67.7, or a suit by Holders of more than 10% in principal amount of the Securities then outstanding Notesoutstanding.

Appears in 2 contracts

Samples: Indenture (Global Telesystems Group Inc), Commonwealth Telephone Enterprises Inc /New/

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by a Holder or Holders of more than 10% in principal amount of the then outstanding NotesSecurities of any series.

Appears in 2 contracts

Samples: Indenture (Helix Energy Solutions Group Inc), Helix Energy Solutions Group Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.7 or a suit by Holders of more than 10% in outstanding principal amount of the then outstanding NotesSecurities of any series.

Appears in 2 contracts

Samples: Indenture (Computer Sciences Corp), Computer Sciences Corp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture Inden­ture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 7.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 7.06 or a suit by Holders of more than 10% in principal amount at Maturity of the then outstanding Notes.

Appears in 2 contracts

Samples: Indenture (Broadwing Inc), Indenture (Broadwing Communications Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.7 or a suit by Holders of Notes representing more than 10% in principal amount of the Units then outstanding Notesoutstanding.

Appears in 2 contracts

Samples: Indenture (Home Holdings Inc), Indenture (Home Holdings Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, or a suit by Holders of more than 10% in principal amount of the then outstanding Notes.the

Appears in 2 contracts

Samples: Aimco Properties Lp, Aimco Properties Lp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.6, 6.07 or a suit by Holders of more than 10% in outstanding principal amount of the then outstanding NotesSecurities.

Appears in 2 contracts

Samples: Harman International Industries Inc /De/, Laboratory Corp of America Holdings

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court may in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a any suit by the Trustee, a any suit by a Holder pursuant to Section 6.66.07, or a suit by a Holder or Holders of more than 10% in aggregate principal amount at maturity of the then outstanding Notes.

Appears in 2 contracts

Samples: Universal Compression Holdings Inc, Universal Compression Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.07, or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the then outstanding Notes.

Appears in 2 contracts

Samples: Amended And (Huntsman Petrochemical Finance Co), Indenture (Huntsman Petrochemical Finance Co)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses defences made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.66.8, or a suit by Holders any Holder, group of Holders, of, collectively, more than 1050% in aggregate principal amount of the then outstanding NotesOutstanding Debentures.

Appears in 2 contracts

Samples: Indenture (C21 Investments Inc.), Indenture (C21 Investments Inc.)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken or omitted by it as a the Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, Trustee or a suit by a Holder pursuant to Section 6.6, Paying Agent or a suit by Holders of more than 10% in principal amount of the Notes then outstanding Notesoutstanding.

Appears in 2 contracts

Samples: Indenture (NXP Semiconductors N.V.), Indenture (NXP Semiconductors N.V.)

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