Common use of Undertaking to Pay Costs Clause in Contracts

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note by 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, 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 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 this Section 8.09 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes of all series in respect of which such suit may be brought, considered as one class, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium or interest on any Note on or after the due date expressed in such Note or the applicable redemption date.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Note 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 Indenture, or in any suit against the Trustee for any action taken, suffered taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses’ 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 NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Notes of all series in respect of which such suit may be brought, considered as one classany series, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of of, or any premium premium, if any, or interest on any Note of such series, on or after the respective due date dates expressed in such Note or the applicable redemption dateestablished pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, agree and each Holder of any Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, or in any suit for the enforcement of any right or remedy under this Indenture 52 Indenture, or in any suit against the Trustee for any action taken, suffered taken or omitted by it as Trustee, the filing by any party litigant in such suit of an any undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 8.09 5.09 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes of all series in respect of which such suit may be brought, considered as one classNotes, or to any suit instituted by any Noteholder Holders for the enforcement of the payment of the principal of or any premium interest or interest Liquidated Damages, if any, on any Note against the Issuer on or after the due date expressed in of such Note or the applicable redemption dateNote.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Note by his acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion discretion, require, in any suit for the enforcement of any right or remedy under this Indenture Indenture, or in any suit against the Trustee for any action taken, suffered taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 8.09 6.08 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than 10% in principal amount of the Notes of all series at the time outstanding determined in respect of which such suit may be brought, considered as one classaccordance with Section 8.04, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of of, or any premium premium, if any, or interest on on, any Note on or after the due date expressed in such Note or the applicable redemption dateNote.

Undertaking to Pay Costs. All parties to this Indenture agree, agree and each Holder of any Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, or 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, suffered taken or omitted by it as Trustee, the filing by any party litigant in such suit of an any undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of 51 the claims or defenses made by such party litigant; but the provisions of this Section 8.09 5.09 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes of all series in respect of which such suit may be brought, considered as one classNotes, or to any suit instituted by any Noteholder Holders for the enforcement of the payment of the principal of or any premium interest or interest Liquidated Damages, if any, on any Note against the Issuer on or after the due date expressed in of such Note or the applicable redemption dateNote.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Note by 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 Indenture, or in any suit against the Trustee for any action taken, suffered taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 8.09 5.10 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, Noteholder or group of Noteholders, Noteholders holding in the aggregate more than 10% in principal amount of the Notes of all series in respect of which such suit may be brought, considered as one classoutstanding at the time outstanding, or to any suit instituted by any 19 24 Noteholder for the enforcement of the payment of the principal of or any premium or interest on any Note against the Company on or after the same shall have become due date expressed in such Note or the applicable redemption dateand payable. SECTION 5.11.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Note by his acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion discretion, require, in any suit for the enforcement of any right or remedy under this Indenture Indenture, or in any suit against the Trustee for any action taken, suffered taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but PROVIDED that the provisions of this Section 8.09 6.9 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, Noteholder or group of Noteholders, Noteholders holding in the aggregate more than 10% in principal amount of the Notes of all series at the time outstanding (determined in respect of which such suit may be brought, considered as one class, accordance with Section 8.4) or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or any premium of, premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the applicable redemption dateenforcement of the right to convert any Note in accordance with the provisions of Article XIV.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note Debenture and each Holder of any Coupon, by his acceptance thereof 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, suffered taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, costs including reasonable attorneys' fees and expensesattorney's fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 8.09 509 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, Holder or group of NoteholdersHolders, holding in the aggregate more than 10% in principal amount of the Notes Applicable Debentures of any series or all series in respect of which such suit series, as the case may be brought, considered as one classbe. Outstanding, or to any suit instituted by any Noteholder Holder of any series for the enforcement of the payment of the principal of or any premium of, premium, if any, or interest on any Note Debenture of such series on or after the due date expressed in such Note or the applicable redemption dateDebenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder of any Note by 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 Indenture, or in any suit against the Trustee for any action taken, suffered taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 8.09 10.9 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, Holder or group of NoteholdersHolders, holding in the aggregate more than 10% in aggregate principal amount of the Notes of all series in respect of which such suit may be brought, considered as one classthen outstanding, or to any suit instituted by any Noteholder Holders for the enforcement of the payment of the principal of or any premium or interest interest, if any, on any Note against the Company on or after the due date thereto expressed in such Note or the applicable redemption dateNote.

Undertaking to Pay Costs. All parties to this Indenture agree, and each Holder holder of any Note by 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 Indenture, or in any suit against the 42 Trustee for any action taken, suffered taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, against any 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 Noteholderholder of Notes of any series, or group of Noteholderssuch holders, holding in the aggregate more than 10% ten percent in principal amount of the Notes of all such series in respect of which such suit may be brought, considered as one classoutstanding, or to any suit instituted by any Noteholder holder of Notes of such series appertaining thereto, for the enforcement of the payment of the principal of or any premium or interest interest, if any, on any Note on or after the due date expressed or provided for in such Note or the applicable redemption dateNote.