Common use of Undertaking for Costs Clause in Contracts

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities by his acceptance of such Securities shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities on or after the Stated Maturity or Maturities expressed in such Securities (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Subordinated Notes by his acceptance of such Securities shall Subordinated Notes will be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall 4.13 will not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesOutstanding Subordinated Notes, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premiuminterest, if any) or interest , on any Securities Subordinated Notes on or after the Stated Maturity or Maturities expressed in such Securities Subordinated Notes (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security, by his such Holder’s acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suitaction, suit or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 5.14 7.08 shall not apply to any action, suit instituted by the Company, to any suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any Holder, one or group more Holders of Holders, Securities holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder of Securities of any series for the enforcement of the payment of the principal of (or of, premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities by his acceptance of such Securities shall be deemed to have agreed, that any court may in its discretion require, in 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, suffered, suffered or omitted by it as Trustee, the filing by a court may require any party litigant in such suit of to file an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expenses, costs 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, in the manner and to the extent provided in the Trust Indenture Act; but the provisions of provided that neither this Section 5.14 nor the Trust Indenture Act shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any HolderHolders of the Securities, or group of HoldersHolders of the Securities, holding in the aggregate more than 10% in of principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder of the Outstanding Securities for the enforcement of the payment of the principal of (or premium, if any) any premium or interest on any Outstanding Securities on or after the Stated Maturity or Maturities expressed in held by such Securities (or, in the case of redemptionHolder, on or after the Redemption Date)respective Stated Maturities expressed in such Outstanding Securities, and provided, further, that neither this Section nor the Trust Indenture Act shall be deemed to authorize any court to require such an undertaking or to make such an assessment in any suit instituted by the Company or the Trustee or, if applicable, in any suit for the enforcement of the right to convert any Security in accordance with Article XIV.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security, by his such Holder’s acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suitaction, suit or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 5.14 7.08 shall not apply to any action, suit instituted by the Company, to any suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any Holder, one or group more Holders of Holders, Securities holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder of Securities of any series for the enforcement of the payment of the principal of (or premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Recovery Bond by his such Holder’s acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any Holder, or group of Holders, in each case holding in the aggregate more than ten (10% in principal amount ) percent of the outstanding Securities Outstanding Amount of any series, the Recovery Bonds or to (c) any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if anyi) or interest on any Securities Recovery Bond on or after the Stated Maturity or Maturities due dates expressed in such Securities Recovery Bond and in this Indenture or (orii) the unpaid principal, in the case if any, of redemption, any Recovery Bond on or after the Redemption Date)Final Maturity Date therefor.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Subordinated Debt Securities Indenture agree, and each Holder of any Securities Subordinated Debt Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Subordinated Debt Securities Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant in to such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Subordinated Debt Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest interest, if any, on any Securities Subordinated Debt Security on or after the respective Stated Maturity or Maturities expressed in such Securities Subordinated Debt Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities a Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigantlitigant in the manner and to the extent provided in the Trust Indenture Act; but the provisions of provided that neither this Section 5.14 nor the Trust Indenture Act shall not apply be deemed to authorize any court to require such an undertaking or to make such an assessment in any suit instituted by the Company, to any suit instituted Company or by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his or her acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for the Securities of any series for any action taken, suffered, 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to Trustee for the Securities of any suit instituted by the Trusteeseries, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any, on) or interest interest, if any, on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture The Company, the Guarantor and the Trustee agree, and each Holder of any Securities by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the CompanyCompany or the Guarantor, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Outstanding Securities of any seriesall series in respect of which such suit may be brought, considered as one class, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) , or interest interest, if any, on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties Each party to this Indenture agreeagrees, and each Holder of any Securities Security by his such Hxxxxx’s acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his such Holder's acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security, by his such Xxxxxx’s acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suitaction, suit or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 5.14 7.08 shall not apply to any action, suit instituted by the Company, to any suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any Holder, one or group more Holders of Holders, Securities holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder of Securities of any series for the enforcement of the payment of the principal of (or premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security, by his such Holder’s acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suitaction, suit or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 5.14 7.8 shall not apply to any action, suit instituted by the Company, to any suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any Holder, one or group more Holders of Holders, Securities holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder of Securities of any series for the enforcement of the payment of the principal of (or premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities a Unit, by his its acceptance of such Securities Unit shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Purchase Contract Agent for any action taken, suffered, suffered or omitted by it as TrusteePurchase Contract Agent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, that the provisions of this Section 5.14 6.5 shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteePurchase Contract Agent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesOutstanding Units, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) any Contract Adjustment Payments or interest on any Securities Debentures owed pursuant to such Holder’s Applicable Ownership Interests in Debentures on or after the Stated Maturity respective Payment Date therefor (subject to Section 5.3) in respect of any Unit held by such Holder, or Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contracts comprising part of any Unit held by such Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Securitized Utility Tariff Bond by his such Holder’s acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any Holder, or group of Holders, in each case holding in the aggregate more than ten (10% in principal amount ) percent of the outstanding Securities Outstanding Amount of any series, the Securitized Utility Tariff Bonds or to (c) any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if anyi) or interest on any Securities Securitized Utility Tariff Bond on or after the Stated Maturity or Maturities due dates expressed in such Securities Securitized Utility Tariff Bond and in this Indenture or (orii) the unpaid principal, in the case if any, of redemption, any Securitized Utility Tariff Bond on or after the Redemption Date)Final Maturity Date therefor.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Bond and each Beneficial Owner of any interest therein by his such Xxxxxx's or Beneficial Owner's acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any HolderBondholder, or group of HoldersBondholders, in each case holding in the aggregate more than 10% in principal amount of the outstanding Securities Bond Principal Balances of any series, the Bonds or to (c) any suit instituted by any Holder Bondholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Bond on or after the Stated Maturity or Maturities respective due dates expressed in such Securities (or, Bond and in the case of redemption, on or after the Redemption Date)this Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for the Securities of any series for any action taken, suffered, 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 514 shall not apply to any suit instituted by the Company, to Trustee for the Securities of any suit instituted by the Trusteeseries, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, particular series or to any suit instituted by any Holder of any Security for the enforcement of the payment of the principal of (or premium, if any) or interest interest, if any, on any Securities Security of such series on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities a Security and/or Coupon by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest, if any, on any Security or the payment of interest on any Securities Coupon on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Recovery Bond by his such Xxxxxx’s acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any Holder, or group of Holders, in each case holding in the aggregate more than ten (10% in principal amount ) percent of the outstanding Securities Outstanding Amount of any series, the Recovery Bonds or to (c) any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if anyi) or interest on any Securities Recovery Bond on or after the Stated Maturity or Maturities due dates expressed in such Securities Recovery Bond and in this Indenture or (orii) the unpaid principal, in the case if any, of redemption, any Recovery Bond on or after the Redemption Date)Final Maturity Date therefor.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities by his acceptance of such Securities shall be deemed to have agreed, that any court may in its discretion require, in 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, suffered, suffered or omitted by it as Trustee, the filing by a court may require any party litigant in such suit of to file an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expenses, costs 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, in the manner and to the extent provided in the Trust Indenture Act; but the provisions of provided that neither this Section 5.14 nor the Trust Indenture Act shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any HolderHolders of the Securities, or group of HoldersHolders of the Securities, holding in the aggregate more than 10% in of principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder of the Outstanding Securities for the enforcement of the payment of the principal of (or premium, if any) or interest on any Outstanding Securities on or after the Stated Maturity or Maturities expressed in held by such Securities (or, in the case of redemptionHolder, on or after the Redemption Date)respective due dates expressed in such Outstanding Securities, and provided, further, that neither this Section nor the Trust Indenture Act shall be deemed to authorize any court to require such an undertaking or to make such an assessment in any suit instituted by the Company or any Subsidiary Guarantor or the Trustee or, if applicable, in any suit for the enforcement of the right to convert any Security in accordance with Article XV.

Undertaking for Costs. All parties Each party to this Indenture agreeagrees, and each Holder of any Securities Security by his such Xxxxxx’s acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Environmental Trust Bond by his such Holder’s acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any Holder, or group of Holders, in each case holding in the aggregate more than ten (10% in principal amount ) percent of the outstanding Securities Outstanding Amount of any series, the Environmental Trust Bonds or to (c) any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if anyi) or interest on any Securities Environmental Trust Bond on or after the Stated Maturity or Maturities due dates expressed in such Securities Environmental Trust Bond and in this Indenture or (orii) the unpaid principal, in the case if any, of redemption, any Environmental Trust Bond on or after the Redemption Date)Final Maturity Date therefor.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but (1) the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 1025% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Debt Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant in such suit other than the Trustee of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; , but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Debt Securities of any series, or to any suit instituted by any Holder of a Debt Security for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities such Debt Security on or after the respective Stated Maturity or Maturities expressed in such Securities Debt Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities Corporate Units or Treasury Units, by his its acceptance of such Securities Corporate Units or Treasury Units shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Agent for any action taken, suffered, suffered or omitted by it as TrusteeAgent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteeAgent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (interest on any Senior Notes or premiumContract Adjustment Payments, if any) or interest , on any Securities Purchase Contract on or after the Stated Maturity respective Payment Date therefor in respect of any Security held by such Holder, or Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contracts constituting part of any Security held by such Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Bond by his such Xxxxxx's acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any HolderBondholder, or group of HoldersBondholders, in each case holding in the aggregate more than 10% in principal amount of the outstanding Securities Bond Principal Balances of any series, the Bonds or to (c) any suit instituted by any Holder Bondholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Bond on or after the Stated Maturity or Maturities respective due dates expressed in such Securities (or, Bond and in the case of redemption, on or after the Redemption Date)this Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, require 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, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suitsuit in the manner and to the extent provided in the Trust Indenture Act, having due regard to the merits and good faith of the claims or defenses made by such party litigant; , but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date); provided that neither this Section nor the Trust Indenture Act shall be deemed to authorize any court to require such an undertaking or to make such an assessment in any suit instituted by the Company.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of Securities of any Securities series by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on Securities of any Securities series on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date); provided that neither this Section 514 nor the Trust Indenture Act shall be deemed to authorize any court to require such an undertaking or to make such an assessment in any suit instituted by the Company.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities by his acceptance of such Securities shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities on or after the Stated Maturity or Maturities expressed in such Securities (or, in the case of redemptionredemption or mandatory repurchase, on or after the Redemption DateDate or mandatory repurchase date, as applicable).

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities Income PRIDES or Growth PRIDES, by his its acceptance of such Securities Income PRIDES or Growth PRIDES shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Agent for any action taken, suffered, suffered or omitted by it as TrusteeAgent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteeAgent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debt Securities or Contract Adjustment Payments on any Purchase Contract on or after the Stated Maturity respective Payment Date therefor in respect of any Security held by such Holder, or Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contracts constituting part of any Security held by such Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities Corporate Units or Treasury Units, by his its acceptance of such Securities Corporate Units or Treasury Units, shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Purchase Contract Agent for any action taken, suffered, suffered or omitted by it as TrusteePurchase Contract Agent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteePurchase Contract Agent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest payable on any Securities Senior Notes or Contract Adjustment Payments on any Purchase Contract on or after the Stated Maturity respective Payment Date therefor in respect of any Security held by such Holder, or Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contracts constituting part of any Security held by such Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Debt Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant in such suit other than the Trustee of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; , but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Debt Securities of any series, or to any suit instituted by any Holder of a Debt Security for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities such Debt Security on or after the respective Stated Maturity or Maturities expressed in such Securities Debt Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security, by his such Holder’s acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suitaction, suit or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 5.14 7.09 shall not apply to any action, suit instituted by the Company, to any suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any Holder, one or group more Holders of Holders, Securities holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder of Securities of any series for the enforcement of the payment of the principal of (or premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but (1) the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Debt Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant in such suit other than the Trustee of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; , but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Debt Securities of any series, or to any suit instituted by any Holder of a Debt Security for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities such Debt Security on or after the respective Stated Maturity or Maturities expressed in such Securities Debt Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Bond and each Beneficial Owner of any interest therein by his acceptance of such Securities Holder's or Beneficial Owner's accexxxxxx thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any HolderBondholder, or group of HoldersBondholders, in each case holding in the aggregate more than 10% in principal amount of the outstanding Securities Bond Principal Balances of any series, the Bonds (for which purpose the Class A-IO Bonds will be deemed to have a Bond Principal Balance equal to 5% of the aggregate Bond Principal Balance of the other Classes of Bonds) or to (c) any suit instituted by any Holder Bondholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Bond on or after the Stated Maturity or Maturities respective due dates expressed in such Securities (or, Bond and in the case of redemption, on or after the Redemption Date)this Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Debt Securities, by his acceptance of such Securities shall Debt Securities, will be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 5.14 shall 4.13 will not apply to to: (i) any suit instituted by the Company, to (ii) any suit instituted by the Trustee, to (iii) any suit instituted by any Holder, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesOutstanding Debt Securities, or to (iv) any suit instituted by any Holder for the enforcement of the payment of the principal of (or premiuminterest, if any) or interest , on any Debt Securities on or after the Stated Maturity or Maturities expressed in such Securities (or, in the case of redemption, on or after the Redemption Date)Debt Securities.

Undertaking for Costs. All parties to this Bond Indenture agree, and each Holder of any Securities Bond by his such Holder’s acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Bond Indenture, or in any suit against the Bond Trustee for any action taken, suffered, suffered or omitted by it as Bond Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion discretion, subject to applicable law, assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Bond Trustee, to (b) any suit instituted by any HolderBondholder, or group of HoldersBondholders, in each case holding in the aggregate more than 10% in principal amount 10 percent of the outstanding Securities Outstanding Amount of any series, the Bonds or to (c) any suit instituted by any Holder Bondholder for the enforcement of the payment of the principal of (or premium, if anyi) or interest on any Securities Bond on or after the Stated Maturity or Maturities due dates expressed in such Securities Bond and in this Bond Indenture or (orii) the unpaid principal, in the case if any, of redemption, any Bond on or after the Redemption Date)Final Maturity Date therefor.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the CompanyCompany or the Guarantor, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date). This Section 5.14 shall be in lieu of Section 315(e) of the Trust Indenture Act and such Section 315(e) is hereby expressly excluded from this Indenture, as permitted by the Trust Indenture Act.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security, by his such Hxxxxx’s acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suitaction, suit or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 5.14 7.08 shall not apply to any action, suit instituted by the Company, to any suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any Holder, one or group more Holders of Holders, Securities holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder of Securities of any series for the enforcement of the payment of the principal of (or premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security, by his such Holder’s acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suitaction, suit or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 5.14 7.08 shall not apply to any action, suit or proceeding instituted by the Trustee or the Company, to any action, suit instituted by the Trustee, to any suit or proceeding instituted by any Holder, one or group more Holders of Holders, Securities holding in the aggregate more than 1025% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder of Securities of any series for the enforcement of the payment of the principal of (or premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture The Company and the Trustee agree, and each Holder of any Securities by his or her acceptance of such Securities a Security shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' 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, all in the manner, to the extent and except as otherwise provided in the Trust Indenture Act; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Outstanding Securities of any seriesall series in respect of which such suit may be brought, considered as one class, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) , or interest interest, if any, on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Bond and each Beneficial Owner of any interest therein by his acceptance of such Securities Holder's or Beneficial Ownxx'x xcceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any HolderBondholder, or group of HoldersBondholders, in each case holding in the aggregate more than 10% in principal amount of the outstanding Securities Bond Principal Balances of any series, the Bonds or to (c) any suit instituted by any Holder Bondholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Bond on or after the Stated Maturity or Maturities respective due dates expressed in such Securities (or, Bond and in the case of redemption, on or after the Redemption Date)this Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Securitization Bond by his such Hxxxxx’s acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any Holder, or group of Holders, in each case holding in the aggregate more than 10% in principal amount ten percent of the outstanding Securities Outstanding Amount of any series, the Securitization Bonds or to (c) any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if anyi) or interest on any Securities Securitization Bond on or after the Stated Maturity or Maturities due dates expressed in such Securities Securitization Bond and in this Indenture and the Series Supplement or (orii) the unpaid principal, in the case if any, of redemption, any Securitization Bond on or after the Redemption Date)Final Maturity Date therefor.

Undertaking for Costs. All parties to this Subordinated Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, Subordinated Indenture or in any suit against the Subordinated Trustee for the Securities of any series for any action taken, suffered, taken or omitted by it as Subordinated Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall (subject to applicable laws) not apply to any suit instituted by the Company, to Subordinated Trustee for the Securities of any suit instituted by the Trusteeseries, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Outstanding Securities of any series, particular series or to any suit instituted by any Holder of any Security for the enforcement of the payment of the principal of (or premium, if any, on) or interest interest, if any, or Deferred Interest, if any, on any Securities Security of such series on or after the respective Stated Maturity or Maturities Maturities, if any, expressed in such Securities Security or the date the same becomes due and payable as expressed herein or in such Security (or, in the case of redemptionredemption or conversion or exchange, on or after the Redemption Date or the Event Date, as the case may be).

Undertaking for Costs. All parties to this Indenture The Company and the Trustee agree, and each Holder of Securities of any Securities series or coupon by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group Holder of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any series, series or to any suit instituted by any Holder coupon for the enforcement of the payment of the principal of (of, or premium, if any) , or interest interest, if any, on Securities of any Securities series on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date), or to any suit instituted by any Holder of Securities of any series or coupon, or group of such Holders, holding in the aggregate more than 10% in principal amount of the Securities.

Undertaking for Costs. All parties to this Indenture Guarantee agree, and each Holder of any Securities by his acceptance thereof and by acceptance of such Securities the benefits hereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureGuarantee, or in any suit against the Security Trustee for any action taken, suffered, suffered or omitted by it as Security Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expenseslawyers’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to (i) any suit instituted by the CompanyGuarantor, to (ii) any suit instituted by the Security Trustee, to (iii) any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 1025% in principal amount of the aggregate Liquidation Amount of all of the then outstanding Securities of any seriesGuaranteed Class A Preferred LP Units, or to (iv) any suit instituted in accordance with this Guarantee by any Holder Holders for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities on or after the Stated Maturity or Maturities expressed Guaranteed Class A Preferred LP Unit Obligations in such Securities (or, in the case of redemption, on or after the Redemption Date)compliance with this Guarantee.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Debenture or Coupon by his such Holder's acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities Outstanding Debentures of any series, or to any suit instituted by any Holder of any Debenture or Coupon for the enforcement of the payment of the principal of (or premium, if any) any premium or interest on such Debenture or the payment of any Securities Coupon on or after the Stated Maturity or Maturities expressed in such Securities Debenture or Coupon (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture The Company and the Trustee agree, and each Holder of any Securities by his its acceptance of such Securities a Security shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' 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, all in the manner, to the extent and except as provided in the Trust Indenture Act; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than ten per centum (10% %) in aggregate principal amount of the outstanding Outstanding Securities of any seriesall series in respect of which such suit may be brought, considered as one class, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) , or interest interest, if any, on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 514 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesthen Outstanding, voting together as a single class, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the respective Stated Maturity or Maturities expressed in such Securities (or, Security; provided that neither this Section 514 nor the Trust Indenture Act shall be deemed to authorize any court to require such an undertaking or to make such an assessment in any suit instituted by the case of redemption, on or after the Redemption Date)Company.

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities Corporate Units or Treasury Units, by his its acceptance of such Securities Corporate Units or Treasury Units shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Agent for any action taken, suffered, suffered or omitted by it as TrusteeAgent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteeAgent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Notes on or after the Stated Maturity respective Payment Date therefor in respect of any Security held by such Holder, or Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contracts constituting part of any Security held by such Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities Income PRIDES or Growth PRIDES, by his its acceptance of such Securities Income PRIDES or Growth PRIDES shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Agent for any action taken, suffered, suffered or omitted by it as TrusteeAgent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteeAgent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (distributions on any Capital Securities or premiumContract Adjustment Payments, if any) or interest , on any Securities Purchase Contract on or after the Stated Maturity respective Payment Date therefor in respect of any Security held by such Holder, or Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contracts constituting part of any Security held by such Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for the Securities of any series for any action taken, suffered, 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 514 shall not apply to any suit instituted by the Company, to Trustee for the Securities of any suit instituted by the Trusteeseries, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, particular series or to any suit instituted by any Holder of any Security for the enforcement of the payment of the principal of (or premium, if any) or interest interest, if any, on any Securities Security of such series on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but (1) the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security or Coupon by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, of the Securities of any series holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities of any seriessuch series then Outstanding, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest (including interest evidenced by a Coupon) on any Securities Security on or after the Stated Maturity or Maturities respective due dates expressed in such Securities (Security or Coupon or, in the case of redemption, on or after the Redemption Date)date of redemption.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Holder, by his acceptance of such Securities a Security, shall be deemed to have agreed, that any court may in its discretion requireagreed that, 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, suffered, suffered or omitted by it as Trustee, any court may, in its discretion, require the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but PROVIDED, HOWEVER, that the provisions of this Section 5.14 515 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate Securities representing more than 10% in of the aggregate principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal any installment of (or premium, if any) or interest on any Securities Security on or after the Stated Maturity or Maturities thereof expressed in such Securities (or, in Security or for the case enforcement of redemption, on or after the Redemption Date).payment of the principal of such Security at the Stated Maturity therefore. ARTICLE SIX

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 514 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Initial Securities of any seriesand the Exchange Securities then Outstanding, voting together as a single class, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the respective Stated Maturity or Maturities expressed in such Securities (or, Security; provided that neither this Section 514 nor the Trust Indenture Act shall be deemed to authorize any court to require such an undertaking or to make such an assessment in any suit instituted by the case of redemption, on or after the Redemption Date)Company.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities by his such Holder’s acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by a court may require any party litigant in such suit of to file an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expenses, costs 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, in the manner and to the extent provided in the Trust Indenture Act; but the provisions of provided that neither this Section 5.14 nor the Trust Indenture Act shall not apply be deemed to authorize any suit instituted by the Company, court to require such an undertaking or to make such an assessment in any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) any premium or interest on any Securities Security on or after the Maturity of such Security, including the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date)) or in any suit for the enforcement of the right to convert any Security in accordance with its terms.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 514 shall not apply to any suit instituted by the CompanyPartnership, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (of, or premium, if any) , or interest on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security or coupon by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder of any Security or coupon for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security or the payment of any coupon on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).. ARTICLE SIX

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security, by his such Holder’s acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suitaction, suit or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 5.14 8.08 shall not apply to any action, suit instituted by the Company, to any suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any Holder, one or group more Holders of Holders, Securities holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder of Securities of any series for the enforcement of the payment of the principal of (or premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture Guarantee agree, and each Holder of any Securities by his acceptance thereof and by acceptance of such Securities the benefits hereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureGuarantee, or in any suit against the Security Trustee for any action taken, suffered, suffered or omitted by it as Security Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expenseslawyers’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to (i) any suit instituted by the CompanyGuarantor, to (ii) any suit instituted by the Security Trustee, to (iii) any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 1025% in principal amount of the aggregate Liquidation Amount of all of the then outstanding Securities of any seriesSenior Preferred Shares, or to (iv) any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities on or after the Stated Maturity or Maturities expressed Senior Preferred Share Obligations in such Securities (or, in the case of redemption, on or after the Redemption Date)compliance with this Guarantee.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his such Holder’s acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Transition Bond by his such Xxxxxx’s acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Indenture Trustee for any action taken, suffered, suffered or omitted by it as Indenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 5.13 shall not apply to (a) any suit instituted by the Company, to any suit instituted by the Indenture Trustee, to (b) any suit instituted by any Holder, or group of Holders, in each case holding in the aggregate more than ten (10% in principal amount ) percent of the outstanding Securities Outstanding Amount of any series, the Transition Bonds or to (c) any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if anyi) or interest on any Securities Transition Bond on or after the Stated Maturity or Maturities due dates expressed in such Securities Transition Bond and in this Indenture or (orii) the unpaid principal, in the case if any, of redemption, any Transition Bond on or after the Redemption Date)Final Maturity Date therefor.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities by his such Xxxxxx’s acceptance of such Securities shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities on or after the Stated Maturity or Maturities expressed in such Securities (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his such Holder’s acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities on or after the Stated Maturity or Maturities expressed in such Securities (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities by his acceptance of such Securities shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities on or after the Stated Maturity or Maturities expressed in such Securities (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities a Unit, by his its acceptance of such Securities Unit shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Purchase Contract Agent for any action taken, suffered, suffered or omitted by it as TrusteePurchase Contract Agent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteePurchase Contract Agent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesOutstanding Units, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (distributions on any Notes or premiumContract Adjustment Payments, if any) or interest , on any Securities Purchase Contract on or after the Stated Maturity respective Payment Date therefor in respect of any Unit held by such Holder, or Maturities expressed in for enforcement of the right to purchase Ordinary Shares under the Purchase Contract constituting part of any Unit held by such Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture --------------------- agree, and each Holder of any Securities Security or coupon by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit relating to or arising under clause (6) of Section 501 and instituted by any HolderHolder of Securities of the affected series, or group of such Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of such series (or, in the case of any seriessuit relating to or arising under clause (3), (4) or (5) of Section 501, 10% in principal amount of all Outstanding Securities), or to any suit instituted by any Holder of any Security or coupon for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security or the payment of any coupon on or after the Stated Maturity or Maturities expressed in such Securities Security or coupon (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities Income PRIDES or Growth PRIDES, by his its acceptance of such Securities Income PRIDES or Growth PRIDES shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Agent for any action taken, suffered, suffered or omitted by it as TrusteeAgent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteeAgent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Notes on or after the Stated Maturity respective Payment Date therefor in respect of any Security held by such Holder, or Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contracts constituting part of any Security held by such Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Bond by his such Holder's acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to (a) any suit instituted by the Trustee, to (b) any suit instituted by any HolderBondholder, or group of HoldersBondholders, in each case holding in the aggregate more than 10% in principal amount 10 percent of the outstanding Securities Outstanding Amount of any series, the Bonds or to (c) any suit instituted by any Holder Bondholder for the enforcement of the payment of the principal of (or premium, if anyi) or interest on any Securities Bond on or after the Stated Maturity or Maturities due dates expressed in such Securities Bond and in this Indenture, (orii) the unpaid principal, if any, of any Bond on or after the Final Maturity Date therefor or (iii) in the case of redemption, the unpaid principal of and interest on any Bond on or after the Optional Redemption Date or Mandatory Redemption Date), as applicable, therefor.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his its acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the CompanyIssuers, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date). This Section 5.14 shall be in lieu of Section 315(e) of the Trust Indenture Act and such Section 315(e) is hereby expressly excluded from this Indenture, as permitted by the Trust Indenture Act.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his its acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in aggregate principal amount of the outstanding Securities of any seriesOutstanding Securities, or to any suit instituted by any Holder of any Security for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemptionredemption or repurchase, on or after the Redemption Date or the Repurchase Date), as the case may be) or for the enforcement of the right to convert any Security in accordance with Article XIII.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Note by his such Holder’s acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 6.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesNotes, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Note on or after the Stated Maturity or Maturities expressed in such Securities Note (or, in the case of redemptionredemption or required repurchase, on or after the Redemption DateDate or date of such repurchase).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities a Security and/or Coupon by his or her acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest, if any, on any Security or the payment of interest on any Securities Coupon on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities Corporate PIES or Treasury PIES, by his its acceptance of such Securities Corporate PIES or Treasury PIES, shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Purchase Contract Agent for any action taken, suffered, suffered or omitted by it as TrusteePurchase Contract Agent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteePurchase Contract Agent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest payable on any Securities Senior Notes or Contract Adjustment Payments on any Purchase Contract on or after the Stated Maturity respective Payment Date therefor in respect of any Security held by such Holder, or Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contracts constituting part of any Security held by such Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant (other than the Company and the Trustee) in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) any premium or interest (including any Additional Interest) on any Securities Security on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date), or to any suit instituted by any Holder for the enforcement of any right to convert or exchange such Security into or for property or other securities.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his or its acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the CompanyPartnership, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy 514, 515, 601 under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date, or, in the case of repayment at the option of the Holder, on or after the Repayment Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the CompanyCompany or the Guarantor, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities a PEPS Unit or a Treasury PEPS Unit, by his its acceptance of such Securities PEPS Unit or Treasury PEPS Unit shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Purchase Contract Agent for any action taken, suffered, suffered or omitted by it as TrusteePurchase Contract Agent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteePurchase Contract Agent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest distributions on any Securities Senior Deferrable Notes or Purchase Contract Payments on any Purchase Contract on or after the Stated Maturity respective Payment Date therefor in respect of any Security held by such Holder, or Maturities expressed in for enforcement of the right to purchase shares of Georgia-Pacific Group Stock under the Purchase Contracts constituting part of any Security held by such Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities Income PRIDES or Growth PRIDES, by his its acceptance of such Securities Income PRIDES or Growth PRIDES shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Agent for any action taken, suffered, suffered or omitted by it as TrusteeAgent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteeAgent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesOutstanding Securities, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premiumdividends on any Senior Notes, if any) or interest on any Securities on or after the Stated Maturity or Maturities expressed in such Securities (or, in the case of redemptiondeclared, on or after the Redemption Date)respective Payment Date therefor in respect of any Security held by such Holder, or for enforcement of the right to purchase Common Stock under the Purchase Contracts constituting part of any Security held by such Holder.

Undertaking for Costs. All parties Each party to this the Indenture agreeagrees, and each Holder of any Securities Note by his such Holder’s acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this the Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 6.15 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesOutstanding Notes, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Note on or after the Stated Maturity or Maturities expressed in such Securities Note (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities Corporate Units or Treasury Units, by his its acceptance of such Securities Corporate Units or Treasury Units shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Agent for any action taken, suffered, suffered or omitted by it as TrusteeAgent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but PROVIDED, that the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteeAgent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesOutstanding Units, or to any suit instituted by any Holder for the 45 enforcement of the payment right to purchase shares of the principal of Common Stock (or premium, if anyany other securities into which the Common Stock may be converted) or interest on under the Purchase Contract constituting part of any Securities on or after the Stated Maturity or Maturities expressed in Unit held by such Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture agree, and each Holder holder of any Securities Security by his its acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by a court may require any party litigant in such suit of to file an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any such party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant, in the manner and to the extent provided in the Trust Indenture Act; but the provisions of provided that neither this Section 5.14 nor the Trust Indenture Act shall not apply be deemed to authorize any court to require such an undertaking or to make such an assessment in any suit instituted by the Company, to any suit instituted Company or the Guarantor or by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or and premium, if any) or and/or interest on any Securities Security on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, or in the case of redemption, on or after the Redemption Date).. ARTICLE SIX

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 514 shall not apply to any suit instituted by the CompanyPartnership, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (of, or premium, if any) , or interest on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security, by his such Xxxxxx’s acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suitaction, suit or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 5.14 7.08 shall not apply to any action, suit or proceeding instituted by the CompanyTrustee or the Issuers, to any action, suit instituted by the Trustee, to any suit or proceeding instituted by any Holder, one or group more Holders of Holders, Securities holding in the aggregate more than 1025% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder of Securities of any series for the enforcement of the payment of the principal of (or premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture Agreement agree, and each Holder of any Securities Corporate Units or Treasury Units, by his its acceptance of such Securities Corporate Units or Treasury Units, shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndentureAgreement, or in any suit against the Trustee Purchase Contract Agent for any action taken, suffered, suffered or omitted by it as TrusteePurchase Contract Agent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the TrusteePurchase Contract Agent, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesOutstanding Units, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest payable on any Debt Securities or Purchase Contract Adjustment Payments on any Purchase Contract on or after the Stated Maturity respective Payment Date therefor in respect of any Units held by such Holder, or Maturities expressed in for enforcement of the right to purchase shares of Common Stock under the Purchase Contracts constituting part of any Units held by such Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Indenture Purchase Contract Agreement agree, and each Holder of any Securities a Purchase Contract, by his its acceptance of such Securities Purchase Contract shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this IndenturePurchase Contract Agreement, or in any suit against the Trustee Purchase Contract Agent for any action taken, suffered, suffered or omitted by it as TrusteePurchase Contract Agent, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, costs against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 5.14 shall not apply to any suit instituted by (a) the CompanyPurchase Contract Agent, to any suit instituted by the Trustee, to any suit instituted by (b) any Holder, or group of Holders, holding in the aggregate more than 1010.0% in principal amount of the outstanding Securities of any seriesOutstanding Purchase Contracts, or to any suit instituted by (c) any Holder for the enforcement of the payment right to receive shares of Common Stock, Reference Property or cash in lieu of any fractional share or Reference Property upon settlement of the principal of (or premium, if any) or interest on any Securities on or after the Stated Maturity or Maturities expressed in Purchase Contracts held by such Securities (or, in the case of redemption, on or after the Redemption Date)Holder.

Undertaking for Costs. All parties to this Senior Debt Securities Indenture agree, and each Holder of any Securities Senior Debt Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Senior Debt Securities Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant in to such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, Holders holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Senior Debt Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest interest, if any, on any Securities Senior Debt Security on or after the respective Stated Maturity or Maturities expressed in such Securities Senior Debt Security (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities by his acceptance of such Securities shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities on or after the Stated Maturity or Maturities expressed in such Securities (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security or coupon by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in all or any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an any undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, Holder or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder of any Security or coupon for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security or the payment of any coupon on or after the respective Stated Maturity or Maturities Maturity expressed in such Securities Security or coupon (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder holder of any Securities Security, by his such holder's acceptance of such Securities thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Indenture, or in any action, suit or proceeding against the Trustee for any action taken, suffered, taken or omitted by it as Trustee, the filing by any party litigant in such action, suit or proceeding of an undertaking to pay the costs of such suitaction, suit or proceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suitaction, suit or proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 5.14 7.08 shall not apply to any action, suit instituted by the Company, to any suit or proceeding instituted by the Trustee, to any action, suit or proceeding instituted by any Holder, one or group more holders of Holders, Securities holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesseries Outstanding, or to any action, suit or proceeding instituted by any Holder holder of Securities of any series for the enforcement of the payment of the principal of (or premium, if any) , or the interest on on, any of the Securities on or after the Stated Maturity or Maturities expressed in of such Securities (or, in the case of redemptionseries, on or after the Redemption Date)respective due dates expressed in such Securities.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his such Holder's acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any the affected series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption DateDate or, in the case of a repurchase right at the option of the Holder, if any, on the repurchase date specified pursuant to Section 301).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by any of the Guarantors, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Securities of any seriesOutstanding Securities, or to any suit instituted by any Holder of any Security for the enforcement of the payment of the principal of (or of, premium, if any) , or interest on any Securities Security on or after the respective Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemptionredemption or repurchase, on or after the Redemption Date or Repurchase Date), as the case may be) or for the enforcement of the right to convert any Security in accordance with Article XII.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered 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 that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.14 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 10% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date). This Section 5.14 shall be in lieu of Section 3.15(e) of the TIA and such Section 3.15(e) is hereby expressly excluded from this Indenture, as permitted by the TIA.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Securities Security by his acceptance of such Securities thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken, suffered, suffered or omitted by it as Trustee, the filing by any party litigant litigant, other than the Trustee, in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees and expensesattorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but (1) the provisions of this Section 5.14 514 shall not apply to any suit instituted by the Company, to any suit instituted by the Trustee, to any suit instituted by any Holder, or group of Holders, holding in the aggregate more than 1025% in principal amount of the outstanding Outstanding Securities of any series, or to any suit instituted by any Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Securities Security on or after the Stated Maturity or Maturities expressed in such Securities Security (or, in the case of redemption, on or after the Redemption Date).