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.)
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/
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
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