Common use of Undertaking to Pay Costs Clause in Contracts

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, Debentureholders holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in such Debenture or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 7.8 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, Debentureholders holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in such Debenture or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Junior Subordinated Debentures by his such Holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingOutstanding Junior Subordinated Debentures, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Junior Subordinated Debentures on or after the same shall have become due and payabledates thereof.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security of any series by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion may require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion may assess reasonable costs, including reasonable attorneys' fees and expenses’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.9 6.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingoutstanding Securities of such series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) Principal or interest on any Debenture against the Company Security of such series on or after the same shall have become their respective due and payabledates.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of SecurityholdersSecurityholders of any series, holding in the aggregate more than 10% in principal amount of the Debentures Securities of that series outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debt Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of SecurityholdersSecurityholders of any series, holding in the aggregate more than 10% in principal amount of the Debentures Debt Securities of that series outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Debt Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or interest (or premiumincluding Compounded Interest and Additional Sums, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; providedPROVIDED, howeverHOWEVER, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest (including Compounded Interest and Additional Sums, if any) or Liquidated Damages, if any, on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture ------------------------ agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of -------- ------- this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, or in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingthen outstanding Notes, or to any suit instituted by any Securityholder Holders for the enforcement of the payment of the principal of (or of, premium, if any) , or interest or Additional Interest, if any, on any Debenture Note against the Company Issuer on or after the same shall have become due and payabledate of such Note.

Undertaking to Pay Costs. All parties to this Indenture agree, ------------------------ and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this -------- ------- Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, or in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingthen outstanding Notes, or to any suit instituted by any Securityholder Holders for the enforcement of the payment of the principal of (or of, premium, if any) , or interest interest, if any, on any Debenture Note against the Company Issuer on or after the same shall have become due and payabledate of such Note.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Company or the Trustee, ; to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 1025% in aggregate principal amount of the Debentures Securities outstanding, ; or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest (including Compounded Interest and Additional Sums, if any) on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 8.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, Debentureholders holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in such Debenture or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, of any series, holding in the aggregate more than 10% in principal amount of the Debentures Securities of that series outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Holder of the Securities of any series or group of Securityholderssuch Holders, holding in the aggregate more than 10% ten percent in principal amount of the Debentures outstanding, Outstanding Securities of that series or to any suit instituted by any Securityholder Holder for the enforcement of the payment of the principal of (or premium, if any) , or interest on any Debenture Security against the Company on or after the same shall have become due and payable.date expressed in such Security. ARTICLE SIX The Trustee

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Note by his its acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion discretion, require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, provided that the provisions of this Section 5.9 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingNotes at the time outstanding determined in accordance with Section 8.04, or to any suit instituted by any Securityholder Holder pursuant to the last paragraph of Section 6.06 (or, for the enforcement avoidance of doubt, to enforce the payment of the principal of (or premiumany related Additional Amounts, if any) or interest on any Debenture against the Company on or after the same shall have become due and payableapplicable).

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Holder by his or her acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debt Trustee for any action taken or omitted by it as Debt Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.10 shall not apply to any suit instituted by the Debt Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures any series of Debt Securities outstanding, or to any suit instituted by any Securityholder Holder for the enforcement of the payment of the principal of (or of, premium, if any) , or interest on any Debenture such Debt Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion may require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Note by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderNoteholder, or group of SecurityholdersNoteholders of a series of Notes, holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingNotes of such series Outstanding, or to any suit instituted by any Securityholder Noteholder for the enforcement of the payment of the principal of (or of, premium, if any) , or interest on any Debenture Note against the Company Corporation on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of SecurityholdersSecurityholders of any series, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities of that series outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debenture Trustee for any action taken or omitted by it as Debenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Debenture Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest (including Compounded Interest and Additional Sums, if any) or Liquidated Damages, if any, on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 SECTION 5.09 shall not apply to any suit instituted by the Company or the Trustee, ; to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, ; or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest (including Compounded Interest and Additional Sums, if any) on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his such Holder's acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion requirediscretion, require in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, suit having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% or more in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Note by his acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion discretion, require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, provided that the provisions of this Section 5.9 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderNoteholder, or group of SecurityholdersNoteholders, holding in the aggregate more than 10% ten percent in principal amount of the Debentures outstandingNotes at the time outstanding determined in accordance with Section 12.04, or to any suit instituted by any Securityholder Noteholder for the enforcement of the payment of the principal of (or premium, if any) or interest Interest on any Debenture against the Company Note on or after the same shall have become due and payabledate expressed in such Note.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debt Trustee for any action taken or omitted by it as Debt Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 shall not apply to any suit instituted by the Debt Trustee, to any suit instituted by any Securityholder, or group of SecurityholdersSecurityholders of any series, holding in the aggregate more than 10% in principal amount of the Debentures Securities of that series outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest (including Additional Sums and Compounded Interest, if any) and Liquidated Damages, if any, on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Note by his its acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion discretion, require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, provided that the provisions of this Section 5.9 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for Notes at the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.time outstanding determined in accordance with

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Securityholder or group of Securityholders, Securityholders holding in the aggregate more than 10% in principal amount of the Debentures Securities outstanding at the time outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Note by his its acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion discretion, require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, provided that the provisions of this Section 5.9 6.10 (to the extent permitted by law) shall not apply to any suit instituted by or against the Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or Notes at the time outstanding determined subject to any suit instituted by any Securityholder for the enforcement of the payment of the principal of Section 8.04 (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Holder of the Securities of any series or group of Securityholderssuch Holders, holding in the aggregate more than 10% ten percent in principal amount of the Debentures outstanding, Outstanding Securities of that series or to any suit instituted by any Securityholder Holder for the enforcement of the payment of the principal of (or premium, if any) , or interest on any Debenture Security against the Company on or after the same shall have become due and payable.date expressed in such Security. ARTICLE SIX

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his such Holder’s acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion requirediscretion, require in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees and expenses, against any party litigant in such suit, suit having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% or more in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture ------------------------- agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security or coupon by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion may require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion may assess reasonable costs, including reasonable attorneys' fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.9 4.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingOutstanding Securities of that series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) any premium or interest on any Debenture against the Company Security on or after the same shall have become due and payablerespective Stated Maturities (or, in the case of redemption or repayment, on or after the redemption date or repayment date).

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his his, her or its acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion discretion, require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, provided that the provisions of this Section 5.9 7.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of SecurityholdersDebentureholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for at the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.time outstanding determined in accordance with

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, Debentureholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Debentures outstandingof that series, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in any such Debenture or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.. 41 51 ARTICLE VI

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, Holder of the Securities of any series or group of Securityholderssuch Holders, holding in the aggregate more than 10% ten percent in principal amount of the Debentures outstanding, Outstanding Securities of that series or to any suit instituted by any Securityholder Holder for the enforcement of the payment of the principal of (or premium, if any) , or interest on any Debenture Security against the Company on or after the same shall have become due and payabledate expressed in such Security.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion may require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion may assess reasonable costs, including reasonable attorneys' fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.9 4.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderNoteholder, or group of SecurityholdersNoteholders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingoutstanding Notes, or to any suit instituted by any Securityholder Noteholder for the enforcement of the payment of the principal of (or of, premium, if any) , or interest on any Debenture against the Company Note on or after the same shall have become due and payabletheir respective Stated Maturities.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his such Holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% or more in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payablePayable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, or in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Senior Trustee for any action taken or omitted by it as Senior Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Senior Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingthen outstanding Notes, or to any suit instituted by any Securityholder Holders for the enforcement of the payment of the principal of (or of, premium, if any) , or interest or Additional Interest, if any, on any Debenture Note against the Company Issuer on or after the same shall have become due and payabledate of such Note.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Note by his such Holder’s acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, or in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingthen outstanding Notes, or to any suit instituted by any Securityholder Holders for the enforcement of the payment of the principal of (or of, premium, if any) , or interest interest, if any, on any Debenture Note against the Company Issuers on or after the same shall have become due and payabledate of such Note.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debenture Trustee for any action taken or omitted by it as Debenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Debenture Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or interest (or premiumincluding Compounded Interest and Additional Sums, if any) or interest on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.10 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of SecurityholdersDebentureholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingof a series outstanding with respect to that series, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of or interest (or premiumincluding Compounded Interest and Additional Sums, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debenture Trustee for any action taken or omitted by it as Debenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Debenture Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest (including Compounded Interest and Additional Sums, if any) on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Subordinated Debentures by his such Holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingOutstanding Subordinated Debentures, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Subordinated Debentures on or after the same shall have become due and payabledates thereof.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.9 5.11 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 1025% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may may, in its discretion discretion, require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; providedprovided that, however, that the provisions of this Section 5.9 7.9 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than ten percent (10% %) in principal amount of the Debentures outstandingSecurities at the time outstanding determined in accordance with Section 9.4, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) , or interest on any Debenture against the Company Security on or after the same shall have become due and payabledate therefor or to any suit for the enforcement of the right to convert any Security in accordance with the provisions of Article XV or to require the Company to repurchase any Security in accordance with Article XVI.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder’s acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as the Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, the Debentureholders holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in such Debenture or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debenture Trustee for any action taken or omitted by it as Debenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Debenture Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or interest (or premiumincluding Compounded Interest and Additional Sums, if any) or interest on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture ------------------------- agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of --------- ------- this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as the Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebenture holder, or group of Securityholders, the Debenture holders holding in the aggregate more than ten percent (10% %) in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debenture holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in such Debenture or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingOutstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (of, or premium, if any) , or interest on any Debenture against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable reasonably attorneys' fees and expensesfees, against any party litigant 41 in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 8.11 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payabledate expressed in such Security.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of SecurityholdersDebentureholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal principal, Redemption Price of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this -------- ------- Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.. CONCERNING THE TRUSTEE

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Company or the Trustee, ; to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, ; or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest (including Compounded Interest and Additional Sums, if any) or Liquidated Damages, if any, on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder’s acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as the Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 8.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, the Debentureholders holding in the aggregate more than ten percent (10% %) in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in such Debenture or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this 38 44 Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of SecurityholdersSecurityholders of any series, holding in the aggregate more than 10% in principal amount of the Debentures Securities of that series (or, in the case of any suit relating to or arising under clause (c), (d) or (e) of Section 5.01, 10% in aggregate principal amount of all Securities) outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) , or interest on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debenture Trustee for any action taken or omitted by it as Debenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.10 shall not apply to any suit instituted by the Debenture Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or interest (or premiumincluding Compounded Interest and Additional Sums, if any) or interest Liquidated Damages, if any, on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.. Form 10.Exhibit 4.1

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debt Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of SecurityholdersSecurityholders of any series, holding in the aggregate more than 10% in principal amount of the Debentures Debt Securities of that series outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Debt Security against the Company on or after the same shall have become due and payable.. 31 39

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 1025% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against 45 55 the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, ------------------------ and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this ------------------ Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder’s acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, Debentureholders holding in the aggregate more than 10% in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in such Debenture or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security of any series by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion may require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, suit and that such court may in its discretion may assess reasonable costs, including reasonable attorneys' fees and expenses’ fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.9 6.10 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingoutstanding Securities of such series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) Principal or interest on any Debenture against the Company Security of such series on or after the same shall have become their respective due and payabledates.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable reasonably attorneys' fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 7.11 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payabledate expressed in such Security.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest (including Compounded Interest and Additional Sums, if any), if any, on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable. ARTICLE VI CONCERNING THE TRUSTEE 6.01.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 8.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, Debentureholders holding in the aggregate more than 10[__]% in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payabledates expressed in such Debenture or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this the Indenture agree, and each holder Holder of any Debenture Note by his such Holder’s acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, or in any suit for the enforcement of any right or remedy under this the Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs cost of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Debentures outstandingthen outstanding Notes, or to any suit instituted by any Securityholder Holders for the enforcement of the payment of the principal of (or of, premium, if any) , or interest interest, if any, on any Debenture Note against the Company Issuers on or after the same shall have become due and payabledate of such Note.

Undertaking to Pay Costs. All parties to this --------------------------- Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of -------- ------- this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable. ARTICLE VI.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Surplus Note by his such Holder’s acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% or more in aggregate principal amount of the Debentures Surplus Notes outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Surplus Note against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 7.08 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of SecurityholdersDebentureholders, holding in the aggregate more than 10% 10 percent in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) ), or interest on any Debenture against the Company Company, on or after the same shall have become due and payabledate expressed in such Debenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debenture Trustee for any action taken or omitted by it as Debenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.10 shall not apply to any suit instituted by the Debenture Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or interest (or premiumincluding Compounded Interest and Additional Sums, if any) or interest on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debt Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken taken. or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures Debt Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Debt Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Company or the Trustee, ; to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, ; or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest (including Compounded Interest and Additional Sums, if any) on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debentures by his such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as the Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderDebentureholder, or group of Securityholders, the Debentureholders holding in the aggregate more than ten percent (10% %) in aggregate principal amount of the Debentures outstandingOutstanding Debentures, or to any suit instituted by any Securityholder Debentureholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Debentures, on or after the same shall have become respective due and payable.dates expressed in such Debenture or established pursuant to this Indenture. 35NEXT PAGE

Undertaking to Pay Costs. All parties to this Indenture --------------------------- agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable. ARTICLE VI.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.9 5.11 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company Bank on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debt Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures Debt Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Debt Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debt Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures Debt Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Debt Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.. Center Bancorp, Inc./Indenture/Floating Rate

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expensesfees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 7.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any SecurityholderSecurityholders, or group of Securityholders, holding in the aggregate more than 10% ten percent in principal amount of the Debentures outstandingSecurities outstanding of any series, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.date expressed in such Security or the right to exchange any Security for Capital Securities as provided in Article Seventeen. 44 37

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Debt Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; providedPROVIDED, howeverHOWEVER, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures Debt Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Debt Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. 37 All parties to this Indenture agree, and each holder of any Debenture Security by his such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of SecurityholdersSecurityholders of any series, holding in the aggregate more than 10% in principal amount of the Debentures Securities of that series outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, ------------------------ and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the -------- ------- provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debenture Senior Note by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, provided that the provisions of this Section 5.9 shall not apply to any suit -------- instituted by the Trustee, to any suit instituted by any SecurityholderHolder, or group of SecurityholdersHolders, holding in the aggregate more than 10% in principal amount of the Debentures Senior Notes then outstanding, or to any suit instituted by any Securityholder Holder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Senior Note against the Company Corporation on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debenture Trustee for any action taken or omitted by it as Debenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.09 shall not apply to any suit instituted by the Debenture Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or interest (or premiumincluding Compounded Interest and Additional Sums, if any) or interest Liquidated Damages, if any, on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his its acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Debenture Trustee for any action taken or omitted by it as Debenture Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 shall not apply to any suit instituted by the Debenture Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or interest (or premiumincluding Compounded Interest and Additional Sums, if any) or interest on any Debenture Security against the Company Corporation on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' ’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 5.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in principal amount of the Debentures outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture against the Company on or after the same shall have become due and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debenture Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 5.9 5.12 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder, or group of Securityholders, holding in the aggregate more than 10% in aggregate principal amount of the Debentures Securities outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any Debenture Security against the Company on or after the same shall have become due and payable.