Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 293 contracts
Samples: Indenture (Qilian International Holding Group LTD), vTv Therapeutics Inc., Indenture (Titan International Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 261 contracts
Samples: Indenture (EHang Holdings LTD), Indenture (Viking Therapeutics, Inc.), Indenture (Sangamo Therapeutics, Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 103 contracts
Samples: Indenture (Sun Healthcare Group Inc), Indenture (Hepion Pharmaceuticals, Inc.), Indenture (Sun Healthcare Group Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 6.07 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or of, premium, if any) , or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 36 contracts
Samples: Indenture (NetApp, Inc.), Indenture (Tyco International LTD /Ber/), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; litigant but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 20 contracts
Samples: Indenture (Millennium Pharmaceuticals Inc), Section (Genaissance Pharmaceuticals Inc), Indenture (Neon Communications Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Bonds by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderBondholder, or group of SecurityholdersBondholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any seriesBonds, or to any suit instituted by any Securityholder Bondholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such seriesBond, on or after the respective due dates expressed in such Security Bond or established pursuant to this Indenture.
Appears in 18 contracts
Samples: Indenture (Red Oak Capital Fund IV, LLC), Indenture (Phoenix Capital Group Holdings I LLC), Indenture (Red Oak Capital Intermediate Income Fund, LLC)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Securities of any seriesseries then Outstanding, or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premiuminterest, if any) or interest , on any Security of such series, against the Issuer on or after the respective due dates date expressed in such Security or established pursuant to this IndentureSecurity.
Appears in 16 contracts
Samples: York International Corp /De/, Hovnanian Enterprises Inc, York International Corp /De/
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities by such holderHxxxxx’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 14 contracts
Samples: Parkervision Inc, Lucid Diagnostics Inc., PAVmed Inc.
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderSecurityholder of any series, or group of such Securityholders, holding in the aggregate more than ten percent (10% %) in aggregate principal amount of the Outstanding any Securities of any series, or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or and premium, if any) or interest , and interest, if any, on any Security of such series, on or after the respective due dates date expressed in such Security or established pursuant for the enforcement of the right, if any, to this Indentureconvert or exchange any Security into Shares or other securities in accordance with its terms.
Appears in 14 contracts
Samples: Indenture (Aon Global Holdings PLC), Indenture (Aon PLC), Indenture (Aon Corp)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (of, or premium, if any) , or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 12 contracts
Samples: Indenture (KEMPER Corp), Indenture (Athene Holding Ltd.), Indenture (Athene Holding LTD)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities by such holderXxxxxx’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 9 contracts
Samples: Indenture (American Commercial Lines Inc.), Nuvve Holding Corp., Frederick's of Hollywood Group Inc /Ny/
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Securities, by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided, however, that the provisions of this Section 6.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 8 contracts
Samples: Indenture (Protalix BioTherapeutics, Inc.), Indenture (Protalix BioTherapeutics, Inc.), Indenture (Brickell Biotech, Inc.)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Note by such 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, Indenture or in any suit against the Trustee for any action taken taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 8.09 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any SecurityholderNoteholder, or group of SecurityholdersNoteholders, holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Securities Notes of any seriesall series in respect of which such suit may be brought, considered as one class, or to any suit instituted by any Securityholder Noteholder for the enforcement of the payment of the principal of (or premium, if any) any premium or interest on any Security of such series, Note on or after the respective due dates date expressed in such Security Note or established pursuant to this Indenturethe applicable redemption date.
Appears in 8 contracts
Samples: Indenture (KCPL Financing Ii), Indenture (Kansas City Power & Light Co), Indenture (Great Plains Energy Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (of, or premium, if any) , or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 8 contracts
Samples: And (SiriusPoint LTD), Indenture (AXA Equitable Holdings, Inc.), Senior Indenture (Brighthouse Financial, Inc.)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (of, or premium, if any) , or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 8 contracts
Samples: Gamco Investors, Inc. Et Al, Indenture (Unitrin Inc), Unitrin Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debt Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Debt Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debt Security of such series, on or after the respective due dates expressed in such Debt Security or established pursuant to this Indenture.
Appears in 7 contracts
Samples: Indenture (Telephone & Data Systems Inc), Telephone and Data (Telephone & Data Systems Inc), Kansas City Power (Kansas City Power & Light Co)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesattorney's fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Securities of any seriesseries then Outstanding, or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premiuminterest, if any) or interest , on any Security of such series, against the Issuer on or after the respective due dates date expressed in such Security or established pursuant to this IndentureSecurity.
Appears in 7 contracts
Samples: Senior Indenture (Seagull Energy Corp), Seagull Energy Corp, Ocean Energy Inc /La/
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 6 contracts
Samples: Indenture (Actinium Pharmaceuticals, Inc.), Indenture (Seelos Therapeutics, Inc.), Lesaka Technologies Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Securities, by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but , provided, however, that the provisions of this Section 6.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or any premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 5 contracts
Samples: Indenture (WGL Holdings Inc), Indenture (WGL Holdings Inc), Indenture (WGL Holdings Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Security by such holder’s his, her or 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that, the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderSecurityholders of any series, or group of such Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Outstanding all Securities of any series, (voting as one class) or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premium, if any) ), interest, if any, or interest Additional Amounts, if any, on any Security of such series, on or after the respective due dates date expressed in such Security or established pursuant to this IndentureSecurity.
Appears in 5 contracts
Samples: Indenture (Visteon Corp), Indenture (Visteon Corp), Visteon Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.. ARTICLE 7
Appears in 5 contracts
Samples: Indenture (Marker Therapeutics, Inc.), Indenture (Milestone Pharmaceuticals Inc.), Indenture (Gran Tierra Energy Inc.)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities by such holderHolder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 6.07 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or of, premium, if any) , or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 5 contracts
Samples: Sterling Jewelers LLC, STERIS PLC, STERIS LTD
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (of, or premium, if any) , or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 5 contracts
Samples: Indenture (American Equity Investment Life Holding Co), Indenture (American Equity Investment Life Holding Co), Indenture (Gabelli Asset Management Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Security by such 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, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 7.9 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Securities of any seriesoutstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) any premium or interest on any Security of such series, on or after the respective due dates date expressed in such Security or established pursuant to this Indenturethe applicable redemption date.
Appears in 5 contracts
Samples: Indenture (Northern States Power Co /Wi/), Indenture (Northern States Power Co /Mn/), Indenture (Northern States Power Co /Wi/)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 9.07 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or of, premium, if any) , or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 4 contracts
Samples: Intercreditor Agreement (ADT Inc.), Prime Security Services (ADT Inc.), Indenture (ADT Inc.)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 6.07 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 4 contracts
Samples: Indenture (Kymera Therapeutics, Inc.), Indenture (Kymera Therapeutics, Inc.), Indenture (Yumanity Therapeutics, Inc.)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Securities of any seriesseries then Outstanding, or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premiuminterest, if any) or interest , on any Security of such series, against the Issuer on or after the respective due dates date expressed in such Security or established pursuant to this IndentureSecurity.
Appears in 4 contracts
Samples: Hovnanian Enterprises Inc, Hovnanian Enterprises Inc, Hovnanian Enterprises Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.. ARTICLE 7
Appears in 4 contracts
Samples: Indenture (Nektar Therapeutics), Nektar Therapeutics, Nektar Therapeutics
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 4 contracts
Samples: Steelcase Inc, Steelcase Inc, Steelcase Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (of, or premium, if any) , or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 4 contracts
Samples: Indenture (Gamco Investors, Inc. Et Al), Indenture (Singing Machine Co Inc), Indenture (Ault Global Holdings, Inc.)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Security by such holder’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 Trustee for any action taken taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 7.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Outstanding Securities outstanding of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest interest, if any, on any Security of such series, against the Corporation on or after the respective due dates date expressed in such Security or established pursuant to this IndentureSecurity.
Appears in 3 contracts
Samples: Consolidation, Merger and Sale (Baltimore Gas & Electric Co), Indenture (Baltimore Gas & Electric Co), Baltimore Gas and Electric Company (Atlantic City Electric Co)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture. ARTICLE VII.
Appears in 3 contracts
Samples: Marsh & McLennan Companies Inc, Kmart Corp, Kmart Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderSecurityholders of any series, or group of such Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Outstanding all Securities of any series(voting as one class), or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premium, if any) ), interest, if any, or interest Additional Amounts, if any on any Security of such series, on or after the respective due dates date expressed in such Security or established pursuant to this IndentureSecurity.
Appears in 3 contracts
Samples: Residential Capital Corp, Gmac Residential Holding Corp., General Motors Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 6.07 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or of, premium, if any) , or interest on any Security Securities of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 3 contracts
Samples: Mallinckrodt PLC, Covidien PLC, Mallinckrodt PLC
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Security by such holder’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 Trustee for any action taken taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 7.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Outstanding Securities outstanding of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest interest, if any, on any Security of such series, against the Corporation on or after the respective due dates date expressed in such Security or established pursuant to this IndentureSecurity.
Appears in 3 contracts
Samples: Supplemental Indenture (Baltimore Gas & Electric Co), Indenture (Constellation Energy Group Inc), Constellation Energy Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, Securityholders of any series holding in the aggregate more than 10% in principal amount of the Securities of that series (or, in the case of any suit relating to or arising under clause (c), (d) or (e) of Section 5.01, 10% in aggregate principal amount of the Outstanding Securities of any seriesall Securities) outstanding, or to any suit instituted by any Securityholder for the enforcement enforce- ment of the payment of the principal of (or premium, if any) , or interest on any Security of such series, against the Company on or after the respective same shall have become due dates expressed in such Security or established pursuant to this Indentureand payable.
Appears in 3 contracts
Samples: Indenture (Masco Corp /De/), Masco Corp /De/, Masco Corp /De/
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Debt Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having have due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 7.09 shall not apply to any suit instituted by the Trustee, to any suit instituted institute by any Debt Securityholder, or group of Debt Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Outstanding Debt Securities of any seriesseries outstanding, or to any suit instituted by any Securityholder holder of a Debt Security of any series for the enforcement of the payment of the principal of (or of, premium, if any) , or interest interest, if any, on any Debt Security of such series, series on or after the respective due dates date expressed in such Security or established pursuant to this IndentureDebt Security.
Appears in 3 contracts
Samples: Indenture (Cooper Industries LTD), Indenture (Cooper Crouse-Hinds, LLC), Indenture (Cooper Industries, Ltd.)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Bonds by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderBondholder, or group of SecurityholdersBondholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any seriesBonds, or to any suit instituted by any Securityholder Bondholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such seriesBond, on or after the respective due dates expressed in such Security Bond or established pursuant to this Indenture.
Appears in 3 contracts
Samples: Forced Sale Agreement (GK Investment Holdings, LLC), Forced Sale Agreement (GK Investment Holdings, LLC), Lighthouse Life Capital, LLC
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Securities of any seriesseries then Outstanding, or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premiuminterest, if any) or interest , on any Security of such series, against the Issuers on or after the respective due dates date expressed in such Security or established pursuant to this IndentureSecurity.
Appears in 3 contracts
Samples: Senior Indenture (Triton Energy LTD), Triton Energy Corp, Triton Energy Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 6.07 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 3 contracts
Samples: Indenture (Computer Sciences Corp), Computer Sciences Corp, Computer Sciences Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Securityholder or group of Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Outstanding Securities of any seriesseries then Outstanding, or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premiuminterest, if any) or interest , on any Security of such series, against the Issuer on or after the respective due dates date expressed in such Security or established pursuant to this IndentureSecurity.
Appears in 2 contracts
Samples: Indenture (Service Corporation International), Service Corporation International
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Securityholder or group of Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Outstanding Securities of any seriesseries then Outstanding, or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (of, or premiuminterest, if any) or interest , on any Security of such series, against the Issuer on or after the respective due dates date expressed in such Security or established pursuant for the enforcement of the right to this Indentureconvert any Security in accordance with Article Thirteen.
Appears in 2 contracts
Samples: Service Corporation International, Service Corporation International
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (of, or premium, if any) , or interest (including any Additional Interest) on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 2 contracts
Samples: Brighthouse Financial, Inc., Brighthouse Financial, Inc.
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Securities of any seriesseries then Outstanding, or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premiuminterest, if any) or interest , on any Security of such series, against the Issuer on or after the respective due dates date expressed in such Security or established pursuant to this Indenture.Security. ARTICLE SIX
Appears in 2 contracts
Samples: Senior Indenture (Hovnanian Enterprises Inc), Hovnanian Enterprises Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any, on) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 2 contracts
Samples: Indenture (Brocade Communications Systems Inc), Brocade Communications Systems Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities by such holder’s Hoxxxx’x 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 2 contracts
Samples: Parkervision Inc, Long Island Iced Tea Corp.
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Notes by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderNoteholder, or group of SecurityholdersNoteholders, holding more than 10% in aggregate principal amount of the Outstanding Securities Notes of any series, or to any suit instituted by any Securityholder Noteholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security Note of such series, on or after the respective due dates expressed in such Security Note or established pursuant to this Indenture.
Appears in 2 contracts
Samples: Indenture (Nutrition & Biosciences, Inc.), Indenture (International Flavors & Fragrances Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.. ARTICLE VII
Appears in 2 contracts
Samples: Indenture (Marsh & McLennan Companies Inc), Indenture (Marsh & McLennan Companies Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Debentures by such holder’s his or her 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of SecurityholdersDebentureholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any seriesoutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security Debenture of such series, on or after the respective due dates expressed in such Security Debenture or established pursuant to this Indenture.
Appears in 2 contracts
Samples: Sunsource Inc, Sunsource Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’s holders 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 2 contracts
Samples: Indenture (Curtiss Wright Corp), Curtiss Wright Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’s holders 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 2 contracts
Samples: Indenture (Workhorse Group Inc.), Indenture (Workhorse Group Inc.)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any seriesseries at the time Outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest interest, if any, on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 2 contracts
Samples: Indenture (ICO Global Communications (Holdings) LTD), ICO Global Communications (Holdings) LTD
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any seriesSeries, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such seriesSeries, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 2 contracts
Samples: LHC Group, Inc, Pingtan Marine Enterprise Ltd.
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Securities, by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but , provided, however, that the provisions of this Section 6.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or any premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.. ARTICLE VII
Appears in 2 contracts
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if -24- any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 2 contracts
Samples: Kti Inc, Nitromed Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debt Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Debt Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.)
Appears in 1 contract
Samples: Illinois Power Co
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 1 contract
Samples: Indenture (CyrusOne Inc.)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion EXHIBIT 4.6 assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 1 contract
Samples: Remark Holdings, Inc.
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of SecurityholdersSecurityholders of any series, holding in the aggregate more than 10% in principal amount of the Securities of that series (or, in the case of any suit relating to or arising under clause (c), (d) or (e) of Section 5.01, 10% in aggregate principal amount of the Outstanding Securities of any seriesall Securities) outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) , or interest on any Security of such series, against the Company on or after the respective same shall have become due dates expressed in such Security or established pursuant to this Indentureand payable.
Appears in 1 contract
Samples: Indenture (Phillips Petroleum Co)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Securityholder or group of Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Outstanding Securities of any seriesseries then Outstanding, or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premiuminterest, if any) or interest , on any Security of such series, against the Issuer on or after the respective due dates date expressed in such Security or established pursuant to this IndentureSecurity.
Appears in 1 contract
Samples: Service Corporation International
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.. (End of Article VI)
Appears in 1 contract
Samples: Indenture (Orthopediatrics Corp)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this 38 Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (of, or premium, if any) , or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 1 contract
Samples: GBL Trust I
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderSecurityholder of any series, or group of such Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Outstanding all Securities of any series(voting as one class), or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premium, if any) ), interest, if any, or interest Additional Amounts, if any, on any Security of such series, on or after the respective due dates date expressed in such Security or established pursuant to this Indenture.Security. ARTICLE
Appears in 1 contract
Samples: Indenture (Trinova Corp)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’s 's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in -24- any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 1 contract
Samples: Staples Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion EXHIBIT 4.12 assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 1 contract
Samples: Remark Holdings, Inc.
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderSecurityholders of any series, or group of such Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Outstanding all Securities of any series(voting as one class), or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premium, if any) ), interest, if any, or interest Additional Amounts, if any on any Security of such series, on or after the respective due dates date expressed in such Security or established pursuant to this IndentureSecurity. ARTICLE SEVEN.
Appears in 1 contract
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.. 77
Appears in 1 contract
Samples: Pharmos Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees 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 202554445 v2 27 party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 1 contract
Samples: Indenture (Flex Pharma, Inc.)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 7.07 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or of, premium, if any) , or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 1 contract
Samples: Indenture (ADT, Inc.)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims theclaims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 1 contract
Samples: Indenture (Nvidia Corp)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Securityholder by such holderxxxxxx’s acceptance thereof shall of Securities will be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall will not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) ), or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 1 contract
Samples: Snap Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderSecurityholder of any series, or group of such Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Outstanding any Securities of any series, or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premium, if any) ), interest, if any, or interest Additional Amounts, if any, on any Security of such series, on or after the respective due dates date expressed in such Security or established pursuant to this IndentureSecurity.
Appears in 1 contract
Samples: Indenture (Aon Corp)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderSecurityholder of any series, or group of such Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Outstanding all Securities of any series(voting as one class), or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premium, if any) ), interest, if any, or interest Additional Amounts, if any, on any Security of such series, on or after the respective due dates date expressed in such Security or established pursuant to this IndentureSecurity.
Appears in 1 contract
Samples: Indenture (Aeroquip-Vickers Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.. 126
Appears in 1 contract
Samples: Pharmos Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture..
Appears in 1 contract
Samples: Aytu Biopharma, Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’s 's acceptance thereof shall be deemed to have agreed, that any court 42 may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (of, or premium, if any) , or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 1 contract
Samples: GBL Trust I
Undertaking to Pay Costs. All parties to this Indenture agreeIndenture, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any seriesDebentures, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such seriesDebentures, on or after the respective due dates expressed in such Security Debenture or established pursuant to this Indenture.
Appears in 1 contract
Samples: Pikeville National Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holderSecurityholder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 1 contract
Samples: Indenture (Everbridge, Inc.)
Undertaking to Pay Costs. All parties to this ------------------------ Indenture agree, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 1 contract
Samples: Indenture (Steelcase Inc)
Undertaking to Pay Costs. All parties to this Indenture agreeIndenture, and each holder Holder of any Securities by such holder’s Holder's acceptance thereof thereof, shall be deemed to have agreed, agreed that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Securityholder or group of Securityholders, Securityholders holding more than 10% in aggregate principal amount of the Outstanding Securities of any seriesDebentures, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, Debentures on or after the respective due dates expressed in such Security Debentures or established pursuant to this Indenture.
Appears in 1 contract
Samples: Ncbe Capital Trust I
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; litigant but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 1 contract
Samples: Indenture (Aastrom Biosciences Inc)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 1 contract
Samples: Nevada Gold & Casinos Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted insti- tuted by the Trustee, to any suit instituted by any SecurityholderSecurity- holder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 1 contract
Samples: Noram Energy Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (of, or premium, if any) , or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.,
Appears in 1 contract
Samples: 1 (Metlife Capital Trust Iii)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 1025% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 1 contract
Samples: Human Genome Sciences Inc
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities by such 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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest or Additional Interest, if any, on any Security of such series, on or after the respective due dates expressed in such Security or established pursuant to this Indenture.
Appears in 1 contract
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debt Securities by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Debt Securities of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debt Security of such series, on or after the respective due dates expressed in such Debt Security or established pursuant to this Indenture.. ARTICLE VII
Appears in 1 contract
Samples: Illinova Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderSecurityholder of any series, or group of such Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Outstanding any Securities of any series, or to any suit instituted by any Securityholder Securityholders for the enforcement of the payment of the principal of (or premium, if any) ), interest, if any, or interest Additional Amounts, if any, on any Security of such series, on or after the respective due dates date expressed in such Security or established pursuant to this IndentureSecurity.
Appears in 1 contract
Samples: Aon Corp
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ attorneys fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, Securityholders of any series holding in the aggregate more than 10% in principal amount of the Securities of that series (or, in the case of any suit relating to or arising under clause (c), (d) or (e) of Section 5.01, 10% in aggregate principal amount of the Outstanding Securities of any seriesall Securities) outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) , or interest on any Security of such series, against the Company on or after the respective same shall have become due dates expressed in such Security or established pursuant to this Indentureand payable.
Appears in 1 contract
Samples: Indenture (Phillips Petroleum Co)
Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Securities Security by such holder’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 Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ ' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 7.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of SecurityholdersSecurityholders of any series, holding in the aggregate more than 10% in principal amount of the Securities of that series (or in the case of any suit relating to or arising under clause (c), (d) or (e) of Section 7.01, 10% in aggregate principal amount of the Outstanding Securities of any seriesall Securities) outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) , or interest on any Security of such series, against the Company on or after the respective same shall have become due dates expressed in such Security or established pursuant to this Indentureand payable.
Appears in 1 contract
Samples: Masco Corp /De/
