Common use of Undertaking for Costs Clause in Contracts

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such Xxxxxx’s acceptance 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 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, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 a Note by such XxxxxxHolder’s acceptance 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 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 feesattorneys’ fees and reasonable 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) Securities or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note by such XxxxxxHolder’s acceptance 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 IndentureIndenture or the Notes, or in any suit against the Indenture Trustee for any action taken, 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this . This Section 5.13 614 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) to any suit instituted by any Noteholder Holder, or group of NoteholdersHolders, in each case holding Notes evidencing in the aggregate more than 10% in principal amount of the Note Balance (orOutstanding Notes, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Note on or after the respective due dates Stated Maturity or Interest Payment Dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Note.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such XxxxxxHolder’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 a Note by such Xxxxxx’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by (i) the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Noteholder by such Xxxxxx’s Noteholder's acceptance 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance principal amount of the Notes Outstanding (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Note Class, more than 10% of the Controlling Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 a Note by such Xxxxxx’s Holder's acceptance 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note by such Xxxxxx’s acceptance 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 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, suit and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (Outstanding Amount of the Class A-1 Notes and the Class A-2 Notes, or, if there are no Class A-1 Notes, Class A-2 Notes Outstanding, any Noteholder or group of Noteholders holding in the case of any suit which is instituted by the Controlling Class, more than aggregate 10% of the Note Balance Outstanding Amount of the Controlling Class) Class B Notes or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All The parties to this Indenture agree, and each Holder of any Note Noteholder by such XxxxxxNoteholder’s acceptance thereof shall of a Note will be deemed to have agreed, that any a court may in its discretion require, in any suit Proceeding for the enforcement of any right or remedy under this Indenture, or in any suit Proceeding against the Indenture Trustee for any action taken, suffered or omitted by it as Indenture Trustee, the filing by any party litigant in such suit Proceeding of an undertaking to pay the costs of such suitProceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Proceeding. This Section 5.13 shall 5.15 will not apply to (ia) any suit Proceeding instituted by the Indenture Trustee, (iib) any suit Proceeding instituted by any Noteholder or group of Noteholders, in each case Noteholders holding Notes evidencing in the aggregate more than 10% of the Note Balance of the Notes Outstanding (or, or in the case of a Proceeding for the enforcement of any suit which right or remedy under this Indenture that is instituted by the Controlling Class, holding more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit Proceeding instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note by such Xxxxxx’s Holder's acceptance 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 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, suit and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (Outstanding Amount of the Class A-1 Notes and the Class A-2 Notes, or, if there are no Class A-1 Notes, Class A-2 Notes Outstanding, any Noteholder or group of Noteholders holding in the case of any suit which is instituted by the Controlling Class, more than aggregate 10% of the Note Balance Outstanding Amount of the Controlling Class) Class B Notes or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note by such Xxxxxx’s Holder's acceptance 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by (i) the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All The parties to this Indenture agree, and each Holder Noteholder by its acceptance of any a Note by such Xxxxxx’s acceptance thereof shall will be deemed to have agreed, that any a court may in its discretion require, in any suit Proceeding for the enforcement of any right or remedy under this Indenture, or in any suit Proceeding against the Indenture Trustee for any action taken, suffered or omitted by it as Indenture Trustee, the filing by any party litigant in such suit the Proceeding of an undertaking to pay the costs of such suitthe Proceeding, and that such the court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Proceeding. This Section 5.13 shall 5.15 will not apply to (ia) any suit Proceeding instituted by the Indenture Trustee, (iib) any suit Proceeding instituted by any Noteholder or group of Noteholders, in each case Noteholders holding Notes evidencing in the aggregate more than 10% of the Note Balance of the Notes (or, or in the case of a Proceeding for the enforcement of any suit which right or remedy under this Indenture that is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit Proceeding instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such the Note and in this Indenture (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 a Note by such Xxxxxx’s Holder's acceptance 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Noteholder by such Xxxxxx’s Noteholder's acceptance thereof shall of a Note will be deemed to have agreed, that any a 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this . This Section 5.13 shall 5.15 will not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case Noteholders holding Notes evidencing in the aggregate more than 10% of the Note Balance of the Notes Outstanding (or, or in the case of a suit for the enforcement of any suit which right or remedy under this Indenture that is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) ), or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Noteholder by such Xxxxxx’s Noteholder's acceptance thereof shall of a Note will be deemed to have agreed, that any a 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this . This Section 5.13 shall 5.15 will not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance of the Notes Outstanding (or, or in the case of a suit for the enforcement of any suit which right or remedy under this Indenture that is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 a Note by such XxxxxxHolder’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling ClassNoteholders, more than 10% of the Note Balance Outstanding Amount of the Controlling ClassNotes) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note by such Xxxxxx’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by (i) the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement enforce­ment of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All The parties to this Indenture hereto agree, and each Holder of any Note Noteholder, by such Xxxxxx’s Noteholder's acceptance thereof of a Note, shall be deemed to have agreed, that any court may in its discretion require, in any suit Proceeding for the enforcement of any right or remedy under this Indenture, or in any suit Proceeding against the Indenture Trustee for any action taken, suffered or omitted by it as Indenture Trustee, the filing by any party litigant in such suit Proceeding of an undertaking to pay the costs of such suitProceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees, against any party litigant in such suitProceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to any Proceeding instituted by (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing representing in the aggregate more than 10% of the aggregate Note Balance (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling ClassSenior Notes, or the Subordinate Notes, more than 10% of the Note Balance of the Controlling ClassSenior Notes or the Subordinate Notes, as the case may be) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates date expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such Xxxxxx’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by (i) the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement enforce-ment of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 a Note by such XxxxxxHxxxxx’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All The parties to this Indenture agree, and each Holder of any Note Noteholder by such XxxxxxNoteholder’s acceptance thereof shall of a Note will be deemed to have agreed, that any a court may in its discretion require, in any suit Proceeding for the enforcement of any right or remedy under this Indenture, or in any suit Proceeding against the Indenture Trustee for any action taken, suffered or omitted by it as Indenture Trustee, the filing by any party litigant in such suit Proceeding of an undertaking to pay the costs of such suitProceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Proceeding. This Section 5.13 shall 5.15 will not apply to (ia) any suit Proceeding instituted by the Indenture Trustee, (iib) any suit Proceeding instituted by any Noteholder or group of Noteholders, in each case Noteholders holding Notes evidencing in the aggregate more than 10% of the Note Balance of the Notes Outstanding (or, or in the case of a Proceeding for the enforcement of any suit which right or remedy under this Indenture that is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) ), or (iiic) any suit Proceeding instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Noteholder by such XxxxxxNoteholder’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (orprincipal amount of the Notes Outstanding, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) Class Outstanding or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All The parties to this Indenture agree, and each Holder of any Note Noteholder by such XxxxxxNoteholder’s acceptance thereof shall of a Note will be deemed to have agreed, that any a court may in its discretion require, in any suit Proceeding for the enforcement of any right or remedy under this Indenture, or in any suit Proceeding against the Indenture Trustee for any action taken, suffered or omitted by it as Indenture Trustee, the filing by any party litigant in such suit Proceeding of an undertaking to pay the costs of such suitProceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Proceeding. This Section 5.13 shall 5.15 will not apply to (ia) any suit Proceeding instituted by the Indenture Trustee, (iib) any suit Proceeding instituted by any Noteholder or group of Noteholders, in each case Noteholders holding Notes evidencing in the aggregate more than 10% of the Note Balance of the Notes Outstanding (or, or in the case of a Proceeding for the enforcement of any suit which right or remedy under this Indenture that is instituted by the Controlling Class, holding more than 10% of the Note Balance of the Controlling Class) ), or (iiic) any suit Proceeding instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Noteholder by such Xxxxxx’s Noteholder's acceptance 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (orprincipal amount of the Notes Outstanding, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) Class Outstanding or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such Xxxxxx’s Holder's acceptance 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 or omitted by it as the 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Note Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Note Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Noteholder by such XxxxxxNoteholder’s acceptance thereof shall of a Note will be deemed to have agreed, that any a 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this . This Section 5.13 shall 5.15 will not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance of the Notes Outstanding (or, or in the case of a suit for the enforcement of any suit which right or remedy under this Indenture that is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Phase-In-Recovery Bond by such XxxxxxHolder’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Holder, or group of NoteholdersHolders, in each case holding Notes evidencing in the aggregate more than ten (10% ) percent of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Phase-In-Recovery Bonds or (iiic) any suit instituted by any Noteholder Holder for the enforcement of the payment of principal of or (i) interest on any Note Phase-In-Recovery Bond on or after the respective due dates expressed in such Note Phase-In-Recovery Bond and in this Indenture or (orii) the unpaid principal, in the case if any, of redemption, any Phase-In-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 Note Noteholder by such Xxxxxx’s its acceptance 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 taken or omitted by it as Indenture Trustee, the filing by any party litigant in such suit suit, in the manner and to the extent provided in the Trust Indenture Act 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, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but neither the provisions of this Section 5.13 nor the Trust Indenture Act shall not apply be deemed to (i) authorize any court to require such an undertaking or to make such assessment in any suit instituted by the Indenture Trustee, (ii) to any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% in principal amount of the Note Balance (orthen Outstanding Notes, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or interest on any Note on or after the respective due dates maturities expressed in such Note and in this Indenture (or, in the case of redemptionredemption or repayment, on or after the Redemption Dateapplicable redemption date or the Maturity Date (as the same may be extended as provided hereunder)).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such XxxxxxHxxxxx’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by (i) the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Noteholder by such XxxxxxNoteholder’s acceptance 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 or omitted by it as the Indenture Trustee, the filing by any party litigant in such suit Proceeding of an undertaking to pay the costs of such suitProceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees, against any party litigant in such suitProceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case Series Outstanding Amount of any suit which is instituted by the Controlling ClassSeries of Notes, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such Xxxxxx’s Holder's acceptance 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Note Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Note Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Noteholder by such XxxxxxNoteholder’s acceptance thereof shall of a Note will be deemed to have agreed, that any a 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this . This Section 5.13 shall 5.15 will not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case Noteholders holding Notes evidencing in the aggregate more than 10% of the Note Balance of the Notes Outstanding (or, or in the case of a suit for the enforcement of any suit which right or remedy under this Indenture that is instituted by the Controlling Class, holding more than 10% of the Note Balance of the Controlling Class) ), or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note by such Xxxxxx’s Holder's acceptance thereof shall be deemed xx xxxmed 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Security Balances of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such Xxxxxx’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Noteholder by such Xxxxxx’s Noteholder's acceptance 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such Xxxxxx’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by (i) the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement enforce­ment of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 a Note by such XxxxxxHolder’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).. 34 (2016-B Indenture)

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such XxxxxxHolder’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).. (2019-B Indenture)

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such XxxxxxHxxxxx’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).. 36 (2023-C Indenture)

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such XxxxxxHxxxxx’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).. 36 (2023-A Indenture)

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such Xxxxxx’s 's acceptance 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 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 's fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder Noteholder or Note Owner, by its acceptance of any the related Note by such Xxxxxx’s acceptance thereof or an interest therein, 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by (i) the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, or in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Noteholder by such XxxxxxNoteholder’s acceptance thereof shall of a Note will be deemed to have agreed, that any a 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this . This Section 5.13 shall 7.15 will not apply to (ia) any suit instituted by the Indenture TrusteeTrustee (at the written direction of holders of at least 66.67% of the Note Balance of the Controlling Class), (iib) any suit instituted by any Noteholder or group of Noteholders, in each case Noteholders holding Notes evidencing in the aggregate more than 10% of the Note Balance (orBalance, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Datedate that the Notes are redeemed pursuant to Section 3.13).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such XxxxxxHolder’s acceptance 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 or omitted by it as Indenture TrusteeTrustee with respect to the Notes, 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 feesattorneys’ 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; provided, however, that but the provisions of this Section 5.13 6.14 shall not apply to (i) any suit instituted by the Indenture Company, to any suit instituted by the Trustee, (ii) to any suit instituted by any Noteholder Holder, or group of NoteholdersHolders, in each case holding Notes evidencing in the aggregate more than 10% in aggregate principal amount of the Note Balance (orNotes then Outstanding, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder Holder of any Note for the enforcement of the payment of the principal of (including the Fundamental Change Repurchase Price, if applicable), or interest on on, any Note on or after the respective due dates stated maturity expressed in such Note and in this Indenture or on or after a Fundamental Change Repurchase Date (or, in the case of redemption, on Notes the Company is required to repurchase pursuant to Article 16) or after for the Redemption Date)enforcement of the right to convert any Note in accordance with Article 13.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such XxxxxxHolder’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).. 34 (2017-A Indenture)

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such XxxxxxHxxxxx’s acceptance 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 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, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note by such Xxxxxx’s Holder's acceptance 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 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 feesattorneys' 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by the Insurer, any Noteholder Noteholder, or group of NoteholdersNoteholders with the prior written consent of the Insurer (so long as no Insurer Default has occurred), in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Security or coupon by such Xxxxxx’s his acceptance 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 or omitted by it as Indenture 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, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall (subject to applicable laws) not apply to (i) any suit instituted by the Indenture Company, to any suit instituted by the Trustee, (ii) to any suit instituted by any Noteholder Holder, or group of NoteholdersHolders, in each case holding Notes evidencing in the aggregate more than 10% in principal amount of the Note Balance (or, in the case Outstanding Securities of any suit which is instituted by the Controlling Classseries, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder Holder of any Security or coupon for the enforcement of the payment of the principal of (or premium, if any) or any interest on any Note Security or the payment of any coupon on or after the respective due dates Stated Maturity Date or Maturities expressed in such Note and in this Indenture 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 of any Note by such Xxxxxx’s Holder's acceptance 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 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 's fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, -------- however, that the provisions of this Section 5.13 shall not apply to (i) any ------- suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture or any Indenture Supplement agree, and each Holder of any Note by such XxxxxxHolder’s acceptance 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 IndentureIndenture or any Indenture Supplement, or in any suit against the Indenture Trustee for any action taken, suffered or omitted by it as Indenture Trustee, the filing by any party litigant (other than the Issuer) 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, against any party litigant (other than the Issuer) in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigantlitigant (other than the Issuer); provided, however, that but the provisions of this Section 5.13 10.16 as may be modified by any Indenture Supplement shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate representing more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Outstanding Class Principal Balance of the Controlling Class) all Classes of Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of the principal balance of any Note or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)any Indenture Supplement.

Undertaking for Costs. All parties to this Indenture agree, and each Holder Holder, by acceptance of any Note by such Xxxxxx’s acceptance thereof a Note, 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 Indenture Trustee for any action taken, suffered or omitted by it as Indenture 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, provided that the provisions of this Section 5.13 5.14 shall not apply to (i) to any suit instituted by the Indenture TrusteeTrustee or any Agent, (ii) to any suit instituted by any Noteholder Holder of Notes of a series, or group of Noteholderssuch Holders, in each case holding Notes evidencing in the aggregate Notes representing more than ten percent (10% %) of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% aggregate principal amount of the Note Balance Outstanding Notes of the Controlling Class) such series or (iii) to any suit instituted by any Noteholder Holder of Notes of a series for the enforcement of the payment of principal any installment of or interest on any such Note on or after the respective due dates Stated Maturity Date thereof expressed in such Note and in this or for the enforcement of the payment of any principal of such Note at the Stated Maturity Date therefor, to the extent that (i) through (iii) do not conflict with Section 315(e) of the Trust Indenture (or, in the case of redemption, on or after the Redemption Date)Act.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such Xxxxxx’s acceptance 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 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, suit and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (Outstanding Amount of the Class A-1 Notes and the Class A-2 Notes, or, if there are no Class A-1 Notes or Class A-2 Notes Outstanding, any Noteholder or group of Noteholders holding in the case of any suit which is instituted by the Controlling Class, more than aggregate 10% of the Note Balance Outstanding Amount of the Controlling Class) Class B Notes or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Noteholder by such Xxxxxx’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by (i) the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, or in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 a Note by such XxxxxxHolder’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).. 35 (2017-B Indenture)

Undertaking for Costs. All parties to this Master Indenture agree, and each Holder of any a Note by such Xxxxxx’s Holder's acceptance 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 IndentureMaster Indenture or the related Indenture Supplement, or in any suit against the Indenture Trustee for any action taken, 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder of a Series, or group of NoteholdersNoteholders of a Series, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance Notes of the Controlling Class) such Series or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Master Indenture or the related Indenture Supplement (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 Note Noteholder by such Xxxxxx’s its acceptance 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 taken or omitted by it as Indenture Trustee, the filing by any party part litigant in such suit suit, in the manner and to the extent provided in the Trust Indenture Act 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, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but neither the provisions of this Section 5.13 nor the Trust Indenture Act shall not apply be deemed to (i) authorize any court to require such an undertaking or to make such assessment in any suit instituted by the Indenture Trustee, (ii) to any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% in principal amount of the Note Balance (orthen Outstanding Notes, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or interest on any Note on or after the respective due dates maturities expressed in such Note and in this Indenture (or, in the case of redemptionredemption or repayment, on or after the Redemption Dateapplicable redemption date or the Expected Maturity Date (as the same may be extended as provided hereunder)).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such XxxxxxHxxxxx’s acceptance 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 IndentureIndenture or the Notes, or in any suit against the Indenture Trustee for any action taken, 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this . This Section 5.13 614 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) to any suit instituted by any Noteholder Holder, or group of NoteholdersHolders, in each case holding Notes evidencing in the aggregate more than 1010.0% in principal amount of the Note Balance (orOutstanding Notes, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder Holder for the enforcement of the payment of principal of (or premium, if any) or interest on any Note on or after the respective due dates Stated Maturity or Interest Payment Dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Note.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such Xxxxxx’s acceptance 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 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, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note by such XxxxxxHxxxxx’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by (i) the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement enforce-ment of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 the Notes by such Noteholder's acceptance of any Note by such Xxxxxx’s acceptance 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder holder of the Notes, or group of Noteholdersholders of the Notes, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling ClassNotes) or (iiic) any suit instituted by any Noteholder holder of the Notes for the enforcement of the payment of principal of or interest (including any unpaid Noteholders' Interest Index Carryover)) on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 a Note by such Xxxxxx’s Holder's acceptance 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Notes of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note by such XxxxxxHolder’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by (i) the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement enforce-ment of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All The parties to this Indenture agree, and each Holder of any Note Noteholder by such XxxxxxNoteholder’s acceptance thereof shall of a Note will be deemed to have agreed, that any a court may in its discretion require, in any suit Proceeding for the enforcement of any right or remedy under this Indenture, or in any suit Proceeding against the Indenture Trustee for any action taken, suffered or omitted by it as Indenture Trustee, the filing by any party litigant in such suit Proceeding of an undertaking to pay the costs of such suitProceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Proceeding. This Section 5.13 shall 5.15 will not apply to (ia) any suit Proceeding instituted by the Indenture Trustee, (iib) any suit Proceeding instituted by any Noteholder or group of Noteholders, in each case Noteholders holding Notes evidencing in the aggregate more than 10% of the Note Balance of the Notes (or, or in the case of a Proceeding for the enforcement of any suit which right or remedy under this Indenture that is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit Proceeding instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note by such Xxxxxx’s Holder's acceptance 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 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 's fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note a Unit, by its acceptance of such Xxxxxx’s acceptance thereof 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 Indenture Trustee Purchase DB1/ 116094647.1 Contract Agent for any action taken, suffered or omitted by it as Indenture 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 feesattorneys’ 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; provided, however, that the provisions of this Section 5.13 6.5 shall not apply to (i) any suit instituted by the Indenture TrusteeCompany, (ii) to any suit instituted by the Purchase Contract Agent, to any suit instituted by any Noteholder Holder, or group of NoteholdersHolders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (orOutstanding Units, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder Holder for the enforcement of the payment of principal of any Contract Adjustment Payments or interest on any Note Debentures owed pursuant to such Holder’s Applicable Ownership Interests in Debentures on or after the respective due dates expressed Payment Date therefor (subject to Section 5.3) in respect of any Unit held by such Note and in this Indenture (orHolder, in or for enforcement of the case right to purchase shares of redemption, on or after Common Stock under the Redemption Date)Purchase Contracts comprising part of any Unit held by such Holder.

Undertaking for Costs. All parties to this Indenture agree, and each Noteholder by its acceptance thereof, each O/C Holder by its acceptance of any Note by such Xxxxxx’s acceptance thereof an O/C Certificate 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of NoteholdersNoteholders (in compliance with Section 5.07), in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% principal balance of the Note Balance Outstanding Notes of the Controlling Class) a Series, or (iiic) any suit instituted by any Noteholder or O/C Holder for the enforcement of the payment of the principal of or interest on any Note or O/C Certificate on or after the respective date on which any of such amounts was due dates expressed in pursuant to the terms of such Note and in this or O/C Certificate or the applicable Indenture Supplement (or, in the case of redemption, on or after the applicable Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such Xxxxxx’s his acceptance 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 5.15 shall not apply to (i) any suit instituted by the Indenture TrusteeTrustee or the Note Insurer, (ii) to any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate Notes representing more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Principal Balance of the Controlling Class) Outstanding Notes of all of the Classes, or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of principal of any Interest Payment Amount or interest Base Principal Payment Amount on any Note on or after the respective due dates expressed in such related Payment Date or for the enforcement of the payment of principal of any Note and in this Indenture on or after the Final Stated Maturity Date (or, in the case of any Note called for redemption, on or after the applicable Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such Xxxxxx’s Holder's acceptance 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Note Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Note Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note by such Xxxxxx’s Holder's acceptance 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; providedPROVIDED, howeverHOWEVER, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) Notes or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Noteholder by such Xxxxxx’s its acceptance 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 taken or omitted by it as Indenture Trustee, the filing by any party part litigant in such suit suit, in the manner and to the extent provided in the Trust Indenture Act 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, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but neither the provisions of this Section 5.13 nor the Trust Indenture Act shall not apply be deemed to (i) authorize any court to require such an undertaking or to make such assessment in any suit instituted by the Indenture Trustee, (ii) to any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% in principal amount of the Note Balance (orthen Outstanding Notes, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or interest on any Note on or after the respective due dates maturities expressed in such Note and in this Indenture (or, in the case of redemptionredemption or repayment, on or after the Redemption applicable redemption date or the Maturity Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such Xxxxxx’s acceptance 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 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, suit and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (Outstanding Amount of the Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes and the Class A-4 Notes, or, if there are no Class A-1 Notes, Class A-2 Notes, Class A-3 Notes or Class A-4 Notes Outstanding, any Noteholder or group of Noteholders holding in the case of any suit which is instituted by the Controlling Class, more than aggregate 10% of the Note Balance Outstanding Amount of the Controlling Class) Class B Notes or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this Indenture or any Series Supplement agree, and each Holder of any Note by such XxxxxxHolder’s acceptance 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 IndentureIndenture or any Series Supplement, or in any suit against the Indenture Trustee for any action taken, suffered or omitted by it as Indenture Trustee, the filing by any party litigant (other than the Issuer) 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, against any party litigant (other than the Issuer) in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigantlitigant (other than the Issuer); provided, however, that but the provisions of this Section 5.13 10.16 as may be modified by any Series Supplement shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate representing more than 1010.0% of the Note Balance (or, in the case aggregate Class Principal Balances of any suit which is instituted by the Controlling Class, more than 10% all Classes of the Note Balance of the Controlling Class) Outstanding Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of the unpaid principal balance of any Note or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)any Series Supplement.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such Xxxxxx’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by (i) the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note by such XxxxxxHolder’s acceptance 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 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 feesattorneys’ 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; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by the Insurer, any Noteholder Noteholder, or group of NoteholdersNoteholders with the prior written consent of the Insurer (so long as no Insurer Default has occurred), in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note by such Xxxxxx’s acceptance 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 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 feesattorneys’ 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; provided, however, that but the provisions of this Section 5.13 5.08 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by the Insurer, any Noteholder Noteholder, or group of NoteholdersNoteholders with the prior written consent of the Insurer (so long as the Class A Notes are Outstanding and no Insurer Default has occurred), in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) Class Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 a Note by such XxxxxxHolder’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).. 20[__]-[ ] Indenture)

Undertaking for Costs. All The parties to this Indenture hereto agree, and each Holder of any Note Noteholder, by such XxxxxxNoteholder’s acceptance thereof of a Note, shall be deemed to have agreed, that any court may in its discretion require, in any suit Proceeding for the enforcement of any right or remedy under this Indenture, or in any suit Proceeding against the Indenture Trustee for any action taken, suffered or omitted by it as Indenture Trustee, the filing by any party litigant in such suit Proceeding of an undertaking to pay the costs of such suitProceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees, against any party litigant in such suitProceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to any Proceeding instituted by (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing representing in the aggregate more than 10% of the aggregate Note Balance (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling ClassSenior Notes, or the Subordinate Notes, more than 10% of the Note Balance of the Controlling ClassSenior Notes or the Subordinate Notes, as the case may be) or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates date expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such XxxxxxHolder’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 1025% of the Note Balance Outstanding Principal Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Note Class, more than 1025% of the Note Balance Outstanding Principal Amount of the Controlling Note Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Noteholder by such Xxxxxx’s its acceptance 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 taken or omitted by it as Indenture Trustee, the filing by any party part litigant in such suit suit, in the manner and to the extent provided in the Trust Indenture Act 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 feesattorneys’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; provided, however, that but neither the provisions of this Section 5.13 Article nor the Trust Indenture Act shall not apply be deemed to (i) authorize any court to require such an undertaking or to make such assessment in any suit instituted by the Indenture Trustee, (ii) to any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% in principal amount of the Note Balance (orthen Outstanding Notes, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or interest on any Note on or after the respective due dates maturities expressed in such Note and in this Indenture (or, in the case of redemptionredemption or repayment, on or after the Redemption Dateapplicable redemption date or the Expected Maturity Date (as the same may be extended as provided hereunder)).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Senior Noteholder by such Xxxxxx’s Senior Noteholder's acceptance 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 5.15 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Senior Noteholder, or group of Senior Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Senior Notes or (iiic) any suit instituted by any Senior Noteholder for the enforcement of the payment of principal of or interest on any Senior Note on or after the respective due dates Stated Maturity expressed in such Senior Note and in this Indenture (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 Note by such Xxxxxx’s Xxxxxx s acceptance thereof shall be deemed to have agreed, . that X any court may in its discretion require, in m any suit for the enforcement of any right or remedy under this ;his Indenture, . or in any suit against the Indenture Trustee for any action taken, . 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, . (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, . in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Security Balances of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, and each Holder Noteholder by such Noteholder's acceptance of any Note by such Xxxxxx’s acceptance 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture TrusteeTrustee or the Subordinate Note Insurer, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest (including any Noteholders' Interest Basis Carryover) on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Noteholder by such Xxxxxx’s its acceptance 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 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 attorneys' fees, against any party litigant (other than the Indenture Trustee) in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 5.14 shall not apply to (i) any suit instituted by the Indenture ------------ Trustee, (ii) to any suit instituted by any Noteholder Noteholder, or group of NoteholdersNoteholders (in compliance with Section 5.8), in each case holding Notes evidencing in the aggregate representing more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% ----------- Outstanding Amount of the Note Balance of the Controlling Class) affected Series, or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or interest on in respect of any Note on or after the respective Distribution Date on which any of such amounts was due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the applicable Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such Xxxxxx’s his acceptance 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 5.15 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) to any suit instituted by the Initial Purchaser or any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate Notes representing more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Principal Balance of the Controlling Class) Outstanding Notes, or (iii) to any suit instituted by the Initial Purchaser or any Noteholder for the enforcement of the payment of principal of any Interest Payment Amount or interest Class A Principal Payment Amount on any Note on or after the respective due dates expressed in such related Payment Date or for the enforcement of the payment of principal of any Note and in this Indenture on or after the Final Stated Maturity Date (or, in the case of any Note called for redemption, on or after the applicable Redemption Date).

Undertaking for Costs. All parties to this Indenture --------------------- agree, and each Holder of any Note Noteholder by such Xxxxxx’s its acceptance 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 taken or omitted by it as Indenture Trustee, the filing by any party litigant in such suit in the manner and to the extent provided in the Trust Indenture Act 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, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but neither the provisions of this Section 5.13 nor the Trust Indenture Act shall not apply be deemed to (i) authorize any court to require such an undertaking or to make such assessment in any suit instituted by the Indenture Trustee, (ii) in any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% in principal amount of the Note Balance (orthen Outstanding Notes, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or interest on any Note on or after the respective due dates maturities expressed in such Note and in this Indenture (or, in the case of redemptionredemption or repayment, on or after the Optional Redemption Date or the Expected Maturity Date, as the same may be extended as provided hereunder).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such XxxxxxHolder’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Notes of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note by such Xxxxxx’s acceptance thereof 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 Indenture Trustee for any action taken, suffered or omitted by it as Indenture Trustee, the filing by a court may in its discretion require any party litigant in such suit of to file an undertaking to pay the costs of such suitsuit (including reasonable counsel fees and expenses), and that such court may in its discretion assess reasonable costs, including reasonable attorney’s fees, costs against any such party litigant in such suitlitigant, having due regard to the merits and good faith of the claims or defenses made by such the party litigant; provided, however, provided that the provisions of this Section 5.13 5.14 the shall not apply be deemed to (i) authorize any court to require such an undertaking or to make such an assessment in any suit instituted by the Indenture Company or a Guarantor, in any suit instituted by the Trustee, (ii) in any suit instituted by any Noteholder Holder or group of NoteholdersHolders, in each case holding Notes evidencing in the aggregate more than 1010.0% in principal amount of the Note Balance (orOutstanding Securities, or in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Note Security on or after the respective due dates Stated Maturity expressed in such Note and in this Indenture Security (or, in the case of redemption, on or after the Redemption Date, in the case of a Change of Control Offer, made by the Company and required to be accepted as to such Security, on the applicable Purchase Date, or, in the case of a Special Mandatory Redemption, on the Special Mandatory Redemption Date, in each case as applicable).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such Xxxxxx’s Holder's acceptance 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; providedPROVIDED, howeverHOWEVER, that the provisions of this Section SECTION 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Class A Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or or, if applicable, interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Noteholder by such XxxxxxNoteholder’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemptiona prepayment, on or after the Redemption Prepayment Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such XxxxxxHolder’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling ClassNoteholders, more than 10% of the Note Balance Outstanding Amount of the Controlling ClassNotes) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).. (2009-A Indenture)

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such Xxxxxx’s Holder's acceptance 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 or omitted by it as the 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, or in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Note Class, 103 113 more than 10% of the Note Balance Outstanding Amount of the Controlling Note Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note Noteholder by such Xxxxxx’s Noteholder's acceptance 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 or omitted by it as the Indenture Trustee, the filing by any party litigant in such suit Proceeding of an undertaking to pay the costs of such suitProceeding, and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys' fees, against any party litigant in such suitProceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this -------- ------- Section 5.13 shall not apply to (ia) any suit instituted by the Indenture ------------- Trustee, (iib) any suit instituted by any Noteholder or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 1033-1/3% of the Note Balance (or, in the case Series Outstanding Amount of any suit which is instituted by the Controlling ClassSeries of Notes, more than 10% of the Note Balance of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Indenture.

Undertaking for Costs. All parties to this Indenture agree, --------------------- and each Holder of any Note Noteholder by such Xxxxxx’s its acceptance 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 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 attorneys' fees, against any party litigant (other than the Indenture Trustee) in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 5.14 shall not apply to (i) any suit instituted by the Indenture ------------ Trustee, (ii) to any suit instituted by any Noteholder Noteholder, or group of NoteholdersNoteholders (in compliance with Section 5.8), in each case holding Notes evidencing in the aggregate representing more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% ----------- principal balance of the Note Balance Outstanding Notes of the Controlling Class) affected Series, or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or interest on in respect of any Note on or after the respective Distribution Date on which any of such amounts was due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the applicable Redemption Date).

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any a Note by such XxxxxxHolder’s acceptance 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 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance Outstanding Amount of the Notes (or, in the case of any suit a right or remedy under this Indenture which is instituted by the Controlling Class, more than 10% of the Note Balance Outstanding Amount of the Notes of the Controlling Class) or (iiic) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).

Undertaking for Costs. All parties to this The Issuer and the Indenture Trustee agree, and each Holder of any Note by such Xxxxxx’s Holder's acceptance thereof of an Note shall be deemed to have agreed, that any court may may, in its discretion 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 taken 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 may, in its discretion discretion, assess reasonable costs, including reasonable attorney’s attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 6.16 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder Holder, or group of NoteholdersHolders, in each case holding Notes evidencing in the aggregate more than ten percent (10% %) of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding principal amount of the Note Balance of the Controlling Class) Notes or (iii) any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of of, premium, if any, or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)accordance with Section 8.5 hereof.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note Noteholder by such Xxxxxx’s its acceptance 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 taken or omitted by it as Indenture Trustee, the filing by any party part litigant in such suit suit, in the manner and to the extent provided in the Trust Indenture Act 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, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but neither the provisions of this Section 5.13 nor those of the Trust Indenture Act shall not apply be deemed to (i) authorize any court to require such an undertaking or to make such assessment in any suit instituted by the Indenture Trustee, (ii) to any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% in principal amount of the Note Balance (orthen Outstanding Notes, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or interest on any Note on or after the respective due dates maturities expressed in such Note and in this Indenture (or, in the case of redemptionredemption or repayment, on or after the Redemption Dateapplicable redemption date or the Expected Maturity Date (as the same may be extended as provided hereunder)).

Undertaking for Costs. All parties to this Indenture agree, and each ICI Holder of any ICI Note by such Xxxxxx’s acceptance 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 ICI Indenture Trustee for any action taken, suffered or omitted by it as ICI 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 attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.13 shall not apply to (i) any suit instituted by an ICI Holder of Warehouse Notes, any suit instituted by the ICI Indenture Trustee, (ii) to any suit instituted by any Noteholder ICI Control Party, any ICI Holder, or group of NoteholdersICI Holders, in each case holding Notes evidencing in the aggregate more than 10% of the ICI Aggregate Note Balance (orPrincipal Balance, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder ICI Holder for the enforcement of the payment of the principal of or interest on any ICI Note on or after the respective due dates expressed in ICI Legal Maturity Date of such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)ICI Note.

Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Note by such XxxxxxHoxxxx’s acceptance 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 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, suit and that such court may in its discretion assess reasonable costs, including reasonable attorney’s attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) any suit instituted by any Noteholder Noteholder, or group of Noteholders, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (Outstanding Amount of the Class A-1 Notes and the Class A-2 Notes, or, if there are no Class A-1 Notes or Class A-2 Notes Outstanding, any Noteholder or group of Noteholders holding in the case of any suit which is instituted by the Controlling Class, more than aggregate 10% of the Note Balance Outstanding Amount of the Controlling Class) Class B Notes or (iii) any suit instituted by any Noteholder for the enforcement of the payment of principal of or interest on any Note on or after the respective due dates expressed in such Note and in this Indenture (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 Note by such XxxxxxHolder’s acceptance 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 IndentureIndenture or the Notes, or in any suit against the Indenture Trustee for any action taken, suffered or omitted by it as Indenture Trustee, 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, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this . This Section 5.13 614 shall not apply to (i) any suit instituted by the Indenture Trustee, (ii) to any suit instituted by any Noteholder Holder, or group of NoteholdersHolders, in each case holding Notes evidencing in the aggregate more than 1010.0% in principal amount of the Note Balance (orOutstanding Notes, in the case of any suit which is instituted by the Controlling Class, more than 10% of the Note Balance of the Controlling Class) or (iii) to any suit instituted by any Noteholder Holder for the enforcement of the payment of principal of (or premium, if any) or interest on any Note on or after the respective due dates Stated Maturity or Interest Payment Dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date)Note.

Undertaking for Costs. All parties to this Indenture agree, and each Holder holder of the Notes by such Noteholder's acceptance of any Note by such Xxxxxx’s acceptance 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 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 attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.13 shall not apply to (ia) any suit instituted by the Indenture Trustee, (iib) any suit instituted by any Noteholder holder of the Notes, or group of Noteholdersholders of the Notes, in each case holding Notes evidencing in the aggregate more than 10% of the Note Balance (or, in the case of any suit which is instituted by the Controlling Class, more than 10% Outstanding Amount of the Note Balance of the Controlling Class) Notes or (iiic) any suit instituted by any Noteholder holder of the Notes for the enforcement of the payment of principal of or interest (including any unpaid Noteholders' Interest Index Carryover) on any Note on or after the respective due dates expressed in such Note and in this Indenture (or, in the case of redemption, on or after the Redemption Date).