Common use of Undertaking for Costs Clause in Contracts

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

Appears in 34 contracts

Samples: Indenture (Nephros Inc), Indenture (Ocugen, Inc.), Indenture (Verastem, Inc.)

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Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 26 contracts

Samples: Windstream Corp, Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in aggregate principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 24 contracts

Samples: Indenture (Cincinnati Bell Inc), Indenture (Midwest Generation LLC), Indenture (Prime Hospitality Corp)

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

Appears in 21 contracts

Samples: Axcelis Technologies Inc, Axcelis Technologies Inc, Axcelis Technologies Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Security pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in principal amount of the then outstanding Securities of a Series then outstandingany series.

Appears in 20 contracts

Samples: Senior Indenture (Navigators Group Inc), Indenture (Annuity & Life Re Holdings LTD), Kulicke and Soffa (Kulicke & Soffa Industries Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 8.11 does not apply to a suit made by the Trustee, a suit by a Holder pursuant to Section 6.7 8.7, or a suit by Holders of more than 10% in aggregate principal amount of the Securities of a Series then outstanding.

Appears in 19 contracts

Samples: Indenture (Flextronics International LTD), Indenture (Symantec Corp), Indenture (Veritas Software Corp /De/)

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

Appears in 18 contracts

Samples: Indenture (SFC New Holdings Inc), Indenture (Wheeling Pittsburgh Steel Corp /De), Indenture (Cumulus Media Inc)

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

Appears in 14 contracts

Samples: Moog Inc, Dyax Corp, Indenture (Scenic Outdoor Marketing of Consulting Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Debenture pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Debentures.

Appears in 12 contracts

Samples: Indenture (Finlay Enterprises Inc /De), Indenture (Anthony Crane Rental Holdings Lp), Execution (Aki Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 11 contracts

Samples: Indenture (Phonetel Technologies Inc), Joint Venture Agreement (Greif Brothers Corp), Indenture (Gray Communications Systems Inc /Ga/)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 6.15 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.10, or a suit by a Holder or Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 10 contracts

Samples: Indenture (Versatel Telecom International N V), Execution Copy (Preem Holdings Ab Publ), Dollar Indenture (MDCP Acquisitions I)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 8.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 8.07 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 9 contracts

Samples: Indenture (Peregrine Systems Inc), Indenture (Peregrine Systems Inc), Invitrogen Corp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 or a suit by Holders of more than 10% in aggregate principal amount of the outstanding Securities of a Series then outstandingany series.

Appears in 9 contracts

Samples: Tci Communications Financing Vi, Circus Finance Ii, Ohio Edison Financing Trust Ii

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 5.07 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Securities.

Appears in 9 contracts

Samples: Supplemental Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)

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

Appears in 8 contracts

Samples: MingZhu Logistics Holdings LTD, AnPac Bio-Medical Science Co., Ltd., Akers Biosciences, Inc.

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

Appears in 8 contracts

Samples: Bekins Co /New/, Chief Auto Parts Inc, Oxford Automotive Inc

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

Appears in 7 contracts

Samples: Indenture (Horizon PCS Inc), Mikohn (Mikohn Gaming Corp), Orbital Sciences Corp /De/

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

Appears in 7 contracts

Samples: Tia Indenture (Cherokee International Finance Inc), Supplemental Indenture (Everest One Ipa Inc), Supplemental Indenture (PSS Holding Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07, or a suit by a Holder or Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Securities.

Appears in 7 contracts

Samples: Indenture (Vs Holdings Inc), UGS PLM Solutions Asia/Pacific INC, Simonds Industries Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 or a suit by Holders of more than 10% in outstanding principal amount of the Securities of a Series then outstandingsuch series.

Appears in 6 contracts

Samples: Indenture (Laboratory Corp of America Holdings/De), Indenture (Laboratory Corp of America Holdings), Supplemental Indenture (Laboratory Corp of America Holdings)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 8.11 does not apply to a suit made by the Trustee, a suit by a Holder pursuant to Section 6.7 8.7, or a suit by Holders any Holder, or group of Holders, of more than 10% in principal amount of the Securities of a Series then outstanding.

Appears in 6 contracts

Samples: Indenture (Waste Connections Inc/De), Indenture (Nco Group Inc), Indenture (Manugistics Group Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees, ' fees and expenses against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 6 contracts

Samples: Qualified (Gulfterra Energy Partners L P), Indenture (El Paso Energy Partners Deepwater LLC), Indenture (El Paso Energy Partners Lp)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 6 contracts

Samples: Indenture (Coventry Health Care Inc), Indenture (Alaris Medical Systems Inc), Villa Pines Care LLC

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Inden ture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable rea sonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingSecurities.

Appears in 6 contracts

Samples: Indenture (Northeast Optic Network Inc), Indenture (Ta Operating Corp), Indenture (Texas Petrochemicals Corp)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Security pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Securities.

Appears in 5 contracts

Samples: Pegasus Communications Corp, Pegasus Communications Corp, Crown Castle International Corp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 8.11 does not apply to a suit made by the Trustee, a suit by a Holder pursuant to Section 6.7 8.7, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstanding.

Appears in 5 contracts

Samples: Indenture (Family Golf Centers Inc), Indenture (Asc Holdings Inc), American Skiing Co /Me

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder Securityholder pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Securities.

Appears in 5 contracts

Samples: Indenture (Resort Investment LLC), Indenture (Spinnaker Industries Inc), Indenture (Source Media Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including including, without limitation, reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 5 contracts

Samples: Nextwave Personal Communications Inc, Nextwave Personal Communications Inc, Nextwave Personal Communications Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ attorneys fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Securities.

Appears in 5 contracts

Samples: Del Webb Corp, Del Webb Corp, Del Webb Corp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Securities.

Appears in 5 contracts

Samples: Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp)

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

Appears in 5 contracts

Samples: Indenture (Houston Exploration Co), Indenture (Foamex Capital Corp), Indenture (Ceridian Corp)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 or a suit by Holders of more than an aggregate of 10% in principal amount of the Securities of a Series then outstandingSecurities.

Appears in 5 contracts

Samples: Supplemental Indenture (Denbury Resources Inc), Indenture (Denbury Management Inc), Denbury Resources Inc

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

Appears in 5 contracts

Samples: Indenture (GWG Life, LLC), GWG Holdings, Inc., GWG Life, LLC

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

Appears in 5 contracts

Samples: Indenture (Hawk Corp), Indenture (Hawk Brake Inc), Indenture (Hawk Motors Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ attorney's fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 6.10 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.6 or a suit by Holders of more than 10% in principal amount of the Securities then outstanding or a suit by any holder of a Series then outstandingSenior Indebtedness.

Appears in 5 contracts

Samples: Indenture (Alternative Living Services Inc), Indenture (Rent Way Inc), American Retirement Corp

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

Appears in 4 contracts

Samples: Security Agreement (Verasun Energy Corp), GSL Corp, Quality Distribution Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 5.14 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 5.07 or 5.08 or a suit by Holders of more than 10% in aggregate principal amount of the Outstanding Securities of a Series then outstandingany series.

Appears in 4 contracts

Samples: O&M Halyard, Inc., O&M Halyard, Inc., Owens & Minor Inc/Va/

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

Appears in 4 contracts

Samples: Wheeling Pittsburgh Steel Corp /De, Wheeling Pittsburgh Corp /De/, Wheeling Pittsburgh Steel Corp /De

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

Appears in 4 contracts

Samples: Genesis Health (Genesis Health Ventures Inc /Pa), Indenture (Essex Group Inc), Indenture (Superior Telecommunications Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 4.7, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Securities.

Appears in 4 contracts

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

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

Appears in 4 contracts

Samples: Montgomery Open Mri LLC, Bertuccis of White Marsh Inc, Ne Restaurant Co Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit other than the Trustee of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingSecurities.

Appears in 4 contracts

Samples: Indenture (Continental Homes Holding Corp), Indenture (Continental Homes Holding Corp), Covenants (Pembroke Falls Realty Trust)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 4 contracts

Samples: Covenants (Intelsat LTD), Covenants (PanAmSat Holding CORP), Supplemental Indenture (Intelsat LTD)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the such suit of to file an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in the suit, suit having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section SECTION 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 SECTION 6.07, or a suit by Holders of more than 10% in principal amount of the Securities outstanding Notes of a Series then outstandingany series.

Appears in 4 contracts

Samples: Registration Rights Agreement (Stone Container Finance CO of Canada II), Registration Rights Agreement (Stone Container Corp), Registration Rights Agreement (Jsce Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 or a suit by Holders of more than 10% in aggregate principal amount of the Securities of a Series then outstandingSecurities.

Appears in 4 contracts

Samples: Video Satellite (Tv Guide Inc), Indenture (Fairpoint Communications Inc), Interim Loan Agreement (Healthsouth Corp)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses defense made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 hereof or a suit by Holders of more than 10% in principal amount of the then outstanding Securities of a Series then outstandingany series.

Appears in 4 contracts

Samples: Indenture (Owens Illinois Inc /De/), Libbey Inc, Owens Illinois Group Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court may in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a any suit by the Trustee, a any suit by a Holder pursuant to Section 6.7 6.07, or a suit by a Holder or Holders of more than 10% in aggregate principal amount at maturity of the Securities of a Series then outstandingoutstanding Securities.

Appears in 3 contracts

Samples: Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc)

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

Appears in 3 contracts

Samples: Indenture (National Oilwell Inc), Indenture (National Oilwell Inc), National Oilwell Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, Trustee or a suit by a Holder pursuant to Section 6.7 or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstanding6.07.

Appears in 3 contracts

Samples: Basin Exploration Inc, Hs Resources Inc, Cross Timbers Oil Co

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 4.07 hereof, or a suit by Holders of more than 10% in principal amount aggregate Principal Amount of the Securities of a Series then outstandingoutstanding Securities.

Appears in 3 contracts

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

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 or a suit by Holders of more than 10% in aggregate principal amount at maturity of the Securities of a Series then outstandingSecurities.

Appears in 3 contracts

Samples: Pledge Agreement (Metallurg Holdings Inc), Merger Agreement (Marquee Holdings Inc.), Merger Agreement (Amc Entertainment Inc)

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

Appears in 3 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Zanett Inc), Indenture (Consumer Portfolio Services Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by the Company, a suit by a Holder pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% [10.0]% in principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 3 contracts

Samples: Armstrong World Industries Inc, Armstrong World Industries Inc, Armstrong World Industries Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder holder pursuant to Section 6.7 8.07 hereof, or a suit by Holders Noteholders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Securities.

Appears in 3 contracts

Samples: Indenture (Young & Rubicam Inc), Benchmark Electronics Inc, Doubleclick Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court may in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a any suit by the Trustee, a any suit by a Holder pursuant to Section 6.7 6.07, or a suit by Holders of more than 10% in aggregate principal amount of the Securities of a Series then outstandingoutstanding Subordinated Notes.

Appears in 3 contracts

Samples: Indenture (Loewen Group International Inc), Alderwoods Group Inc, Loewen Group International Inc

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

Appears in 3 contracts

Samples: Prime Succession Holdings Inc, Prime Succession Holdings Inc, Prime Succession Holdings Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ feesfees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Security pursuant to Section 6.7 507 hereof, or a suit by Holders of more than 10% in principal amount of the then outstanding Securities of a Series then outstandingany series.

Appears in 3 contracts

Samples: Indenture (Iveda Solutions, Inc.), Esports Entertainment (Esports Entertainment Group, Inc.), Indenture (Creatd, Inc.)

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

Appears in 3 contracts

Samples: Indenture (Airgate PCS Inc /De/), Intercreditor Agreement (Airgate PCS Inc /De/), Pledge Agreement (Agw Leasing Co Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by the Company, a suit by a Holder pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 3 contracts

Samples: S&c Holdco 3 Inc, S&c Resale Co, S&c Resale Co

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07, or a suit by Holders of more than 10% in principal amount of the then outstanding Securities of a Series then outstandingsuch Series.

Appears in 3 contracts

Samples: TOUSA Investment #1, Inc., TOUSA Investment #1, Inc., TOUSA Investment #1, Inc.

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 1025% in principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 3 contracts

Samples: Senior Indenture (Airgate PCS Inc /De/), Indenture (Golden Northwest Aluminum Holding Co), Airgate PCS Inc /De/

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Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 7.07, or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the Securities of a Series then outstanding.

Appears in 3 contracts

Samples: Indenture (Citadel Broadcasting Corp), Citadel Broadcasting Corp, Sina Corp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Company, a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingSecurities.

Appears in 3 contracts

Samples: Neenah Foundry Co, Carter William Co /Ga/, Mexican Cellular Investments Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Senior Note pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Senior Notes.

Appears in 3 contracts

Samples: Indenture (Goodman Conveyor Co), Supplemental Indenture (Goodman Conveyor Co), Indenture (Curtis Sub Inc)

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

Appears in 3 contracts

Samples: R&b Falcon Corp, Harperprints Inc, Bell Sports Corp

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court may in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a any suit by the Trustee, a any suit by a Holder pursuant to Section 6.7 6.07, or a suit by Holders of more than 10% in aggregate principal amount of the Securities of a Series then outstandingoutstanding Securities.

Appears in 3 contracts

Samples: Indenture (Interface Inc), Indenture (Interface Inc), Interface Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court may in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a any suit by the Trustee, a any suit by a Holder pursuant to Section 6.7 6.07, or a suit by Holders of more than 10% in aggregate principal amount of the Securities of a Series then outstandingoutstanding Two-Year Notes.

Appears in 3 contracts

Samples: Indenture (Loewen Group International Inc), Indenture (Alderwoods Group Inc), Loewen Group International Inc

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

Appears in 3 contracts

Samples: Integrated Health Services (Integrated Health Services Inc), Supplemental Indenture (Integrated Health Services Inc), Indenture (Integrated Health Services Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in principal amount at maturity of the Securities of a Series then outstandingoutstanding Notes.

Appears in 3 contracts

Samples: Indenture (Cinemark Inc), Xm Satellite Radio Holdings Inc, Xm Satellite Radio Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 3 contracts

Samples: Indenture (Norbord Inc.), Indenture (Air Rental Supply Inc), Pacific Aerospace & Electronics Inc

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

Appears in 2 contracts

Samples: Merger Agreement (Salt Holdings Corp), Merger Agreement (Salt Holdings Corp)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 or a suit by Holders of more than 10% in principal amount at maturity of the Securities of a Series then outstandingNotes.

Appears in 2 contracts

Samples: Indenture (Maxxim Medical Inc/Tx), Indenture (Tabletop Holdings Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.06 or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstanding.6.07. ARTICLE SEVEN

Appears in 2 contracts

Samples: Huntsman International LLC, Huntsman International LLC

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Security of any Series pursuant to Section 6.7 6.8 hereof, or a suit by Holders of more than 10% in aggregate principal amount of the then outstanding Securities of a Series then outstandingany Series.

Appears in 2 contracts

Samples: Indenture (Paramount Resources LTD), Paramount Resources LTD

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does shall not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.7 6.07, or a suit by Holders of more than 10% in principal amount of the Securities of a Series Notes then outstanding.

Appears in 2 contracts

Samples: Purchase Agreement (CVS Corp), Indenture (CVS Corp)

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Indenture (Anvil Holdings Inc), Indenture (Cottontops Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court may in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a any suit by the Trustee, a any suit by a Holder pursuant to Section 6.7 6.07, or a suit by Holders of more than 10% in aggregate principal amount of the Securities of a Series then outstandingoutstanding Five-Year Notes.

Appears in 2 contracts

Samples: Indenture (Alderwoods Group Inc), Loewen Group International Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 2 contracts

Samples: Indenture (Station Casinos Inc), Indenture (Station Casinos Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court may in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a any suit by the Trustee, a any suit by a Holder pursuant to Section 6.7 6.07, or a suit by Holders of more than 10% in aggregate principal amount of the Securities of a Series then outstandingoutstanding Senior Notes.

Appears in 2 contracts

Samples: Indenture (Loewen Group Inc), Loewen Group Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs cost of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 2 contracts

Samples: Metromedia Fiber Network Inc, Metromedia Fiber Network Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ attorneys fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder holder pursuant to Section 6.7 6.07 of this Indenture or a suit by Holders holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Senior Notes.

Appears in 2 contracts

Samples: Indenture (Telemundo Group Inc), Indenture (Telemundo Group Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Securities.

Appears in 2 contracts

Samples: Indenture (Vegeterian Times Inc), Vegeterian Times Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court may in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a any suit by the Trustee, a any suit by a Holder pursuant to Section 6.7 6.07 or a suit by a Holder or Holders of more than 10% in aggregate principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 2 contracts

Samples: Indenture (Roadhouse Grill Inc), Indenture (Roadhouse Grill Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingSecurities.

Appears in 2 contracts

Samples: Volume Services America Inc, Wilmar Holdings Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court may in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a any suit by the Trustee, a any suit by a Holder pursuant to Section 6.7 6.07, or a suit by Holders of more than 10% in aggregate principal amount of the Securities of a Series then outstandingoutstanding Seven-Year Notes.

Appears in 2 contracts

Samples: Indenture (Alderwoods Group Inc), Loewen Group International Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Supplemental Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 2 contracts

Samples: Supplemental Indenture (Istar Financial Inc), Supplemental Indenture (Istar Financial Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 2 contracts

Samples: Pacific Aerospace & Electronics Inc, Pacific Aerospace & Electronics Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 6.12 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.08 hereof or a suit by Holders of more than 10% in aggregate principal amount of the Securities of a Series Notes then outstanding.

Appears in 2 contracts

Samples: Indenture (Norske Skog Canada LTD), Norske Skog Canada LTD

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

Appears in 2 contracts

Samples: RFS Hotel Investors Inc, RFS Partnership Lp

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

Appears in 2 contracts

Samples: Heico Corp, Hybridon Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses defense made by the party litigant. This Section 6.11 6.12 does not apply to a suit made by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07, or a suit by Holders of more than 10% in principal amount of the Securities of a Series Notes then outstanding.

Appears in 2 contracts

Samples: Cerplex Group Inc/De, Aurora Electronics Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Security pursuant to Section 6.7 7.07, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Securities.

Appears in 2 contracts

Samples: Indenture (International Fast Food Corp), Indenture (International Fast Food Corp)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in the suit, having due regard regarding to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.7 7.7 hereof, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstandingOutstanding Notes.

Appears in 2 contracts

Samples: Indenture (Eott Energy Finance Corp), Indenture (Eott Energy Finance Corp)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys’ fees' fees and expenses, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07, or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstanding.

Appears in 2 contracts

Samples: Mandalay Resort Group, Mandalay Resort Group

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 6.07 or a suit by Holders of more than 10% in of the aggregate principal amount of the Securities of a Series then outstandingoutstanding Securities.

Appears in 1 contract

Samples: Maxxam Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder holder of a Senior Note pursuant to Section 6.7 6.07 hereof, or a suit by Holders holders of more than 10% in principal amount of the Securities of a Series then outstandingoutstanding Senior Notes.

Appears in 1 contract

Samples: Senior Note Indenture (Intermedia Communications Inc)

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, the Company, a suit by a Holder of a Note pursuant to Section 6.7 6.07 hereof, or a suit by Holders of more than 10% in aggregate principal amount of the Securities of a Series then outstandingoutstanding Notes.

Appears in 1 contract

Samples: Laralev Inc

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as a Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 does not apply to a suit by the Trustee, a suit by a Holder of a Note pursuant to Section 6.7 or a suit by Holders of more than 10% in principal amount of the Securities of a Series then outstanding.43

Appears in 1 contract

Samples: Argosy Gaming Co

Undertaking for Costs. In any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken or omitted by it as Trustee, a court in its discretion may require the filing by any party litigant in the suit of an undertaking to pay the costs of the suit, and the court in its discretion may assess reasonable costs, including reasonable attorneys' fees, against any party litigant in the suit, having due regard to the merits and good faith of the claims or defenses made by the party litigant. This Section 6.11 5.11 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section 6.7 5.7, or a suit by a Holder or Holders of more than 10% in principal amount of the Securities of a Series then outstandingOutstanding Securities.

Appears in 1 contract

Samples: Apria Healthcare Group Inc

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