Common use of Undertaking to Pay Costs Clause in Contracts

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note by 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 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than ten percent in principal amount of the Notes at the time outstanding determined in accordance with Section 9.04, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note Debentures by his such holder's 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, that but the provisions of this Section 7.09 (to the extent permitted by law) 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderDebentureholder, or group of Noteholders, Debentureholders holding in the aggregate more than ten percent 10% in aggregate principal amount of the Notes at the time outstanding determined in accordance with Section 9.04Outstanding Debentures, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15.instituted

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note by his acceptance thereof shall be deemed to have agreed, that any court may, 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, that but the provisions of this Section 7.09 (to the extent permitted by law) 5.10 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, Noteholder or group of Noteholders, Noteholders holding in the aggregate more than ten percent 10% in principal amount of the Notes outstanding at the time outstanding determined in accordance with Section 9.04outstanding, or to any suit instituted by any 19 24 Noteholder for the enforcement of the payment of the principal of or premium, if any, or interest on any Note against the Company on or after the same shall have become due date expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15and payable. SECTION 5.11.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Note by his acceptance thereof shall be deemed to have agreed, that any court may, may in its discretion, discretion require, in any suit for the enforcement of any right or remedy under this Indenture, 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 suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees and expensesattorney's fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 7.09 (to the extent permitted by law) 10.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, Holder or group of NoteholdersHolders, holding in the aggregate more than ten percent 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.04then outstanding, or to any suit instituted by any Noteholder Holders for the enforcement of the payment of the principal of or premiuminterest, if any, or interest on any Note against the Company on or after the due date expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15Note.

Undertaking to Pay Costs. All parties to this Indenture agree, agree and each holder Holder of any Note by his acceptance thereof shall be deemed to have agreed, that any court may, may in its discretion, discretion require, 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 any undertaking to pay the costs cost 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 51 the claims or defenses made by such party litigant; provided, however, that but the provisions of this Section 7.09 (to the extent permitted by law) 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than ten percent 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.04Notes, or to any suit instituted by any Noteholder Holders for the enforcement of the payment of the principal of or premiuminterest or Liquidated Damages, if any, or interest on any Note against the Issuer on or after the due date expressed in of such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15Note.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note Debentures by his such holder's 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, that but the provisions of this Section 7.09 (to the extent permitted by law) 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderDebenture holder, or group of Noteholders, Debenture holders holding in the aggregate more than ten percent 10% in aggregate principal amount of the Notes at the time outstanding determined in accordance with Section 9.04Outstanding Debentures, or to any suit instituted by any Noteholder Debenture holder for the enforcement of the payment of the principal of or premium, if any, or interest on any Note the Debentures, on or after the respective due date dates expressed in such Note Debenture or established pursuant to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Note by his acceptance thereof shall be deemed to have agreed, that any court may, may in its discretion, discretion require, in any suit for the enforcement of any right or remedy under this Indenture, 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 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 7.09 (to the extent permitted by law) 10.9 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, Holder or group of NoteholdersHolders, holding in the aggregate more than ten percent 10% in aggregate principal amount of the Notes at the time outstanding determined in accordance with Section 9.04then outstanding, or to any suit instituted by any Noteholder Holders for the enforcement of the payment of the principal of or premiuminterest, if any, or interest on any Note against the Company on or after the due date thereto expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15Note.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note by his acceptance thereof shall be deemed to have agreed, that any court may, in its discretion, require, in any suit for the enforcement of any right or remedy under this Indenture, 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 7.09 6.08 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than ten percent 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.048.04, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of of, or premium, if any, or interest on or Additional Interest, if any, on, any Note on or after the due date expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15Note.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note by his acceptance thereof shall be deemed to have agreed, that any court may, in its discretion, require, in any suit for the enforcement of any right or remedy under this Indenture, 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 7.09 6.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than ten percent in principal amount of the Notes at the time outstanding determined in accordance with Section 9.048.04, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or premium, if any, or interest Interest on any Note on or after the due date expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 1514.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any 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' 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 7.09 7.9 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than ten percent in principal amount of the Notes at the time outstanding determined in accordance with Section 9.049.4, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions provision of Article 15XV.

Undertaking to Pay Costs. All parties to this ------------------------ Indenture agree, and each holder of any 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' 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 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than ten percent 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.04outstanding, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any 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, provided that the provisions of this Section 7.09 6.11 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than ten percent 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.048.04, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or premiumaccrued and unpaid interest, if any, or interest on any Note on or after the due date expressed or provided for in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15Note.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note Notes by his such holder’s 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; provided, however, that but the provisions of this Section 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than ten percent 10% in aggregate principal amount of the Outstanding Notes at the time outstanding determined in accordance with Section 9.04of any series, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of of, or premium, if any, or interest on any Note of such series, on or after the respective due date dates expressed in such Note or established pursuant to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note the Notes by his such holder’s 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; provided, however, that but the provisions of this Section 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than ten percent 10% in aggregate principal amount of the Notes at the time outstanding determined in accordance with Section 9.04Outstanding Notes, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of (or premium, if any, ) or interest on any Note Notes, on or after the respective due date dates expressed in such Note or established pursuant to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Note by his acceptance thereof shall be deemed to have agreed, that any court may, may in its discretion, discretion require, in any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken 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 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 42 claims or defenses made by such party litigant; provided, however, that the provisions of but this Section 7.09 (to the extent permitted by law) 8.09 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than ten percent 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.04outstanding, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or premium, if any, any premium or interest on any Note on or after the due date expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15applicable redemption date.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note Debentures by his such holder's 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, that but the provisions of this Section 7.09 (to the extent permitted by law) 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderDebentureholder, or group of Noteholders, Debenture holders holding in the aggregate more than ten percent 10% in aggregate principal amount of the Notes at the time outstanding determined in accordance with Section 9.04Outstanding Debentures, or to any suit instituted by any Noteholder Debentureholder for the enforcement of the payment of the principal of or premium, if any, or interest on any Note the Debentures, on or after the respective due date dates expressed in such Note Debenture or established pursuant to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note Holder by his or her 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, that but the provisions of this Section 7.09 (to the extent permitted by law) 5.10 shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than ten percent 10% in aggregate principal amount of the Notes at the time outstanding determined in accordance with Section 9.04any series of Debentures outstanding, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or of, premium, if any, or interest on any Note such Debenture against the Company on or after the same shall have become due date expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15and payable.

Undertaking to Pay Costs. All parties to this the Indenture agree, and each holder Holder of any Note Offered Securities by his such Holder’s 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 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 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, that but the provisions of this Section 7.09 (to the extent permitted by law) 7.8 shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderHolder, or group of NoteholdersHolders, holding in the aggregate more than ten percent 10% in aggregate principal amount of the Notes at the time outstanding determined in accordance with Section 9.04Offered Securities then Outstanding, or to any suit instituted by any Noteholder Holder for the enforcement of the payment of the principal of or of, premium, if any, or interest interest, if any, on any Note Offered Security, on or after the due date respective payment dates expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note by his acceptance thereof shall be deemed to have agreed, that any court may, in its discretion, require, in any suit for the enforcement of any right or remedy under this Indenture, 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 7.09 6.08 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than ten percent 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.048.04, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of of, or premium, if any, or interest on on, any Note on or after the due date expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15Note.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note by his acceptance thereof shall be deemed to have agreed, that any court may, in its discretion, require, in any suit for the enforcement of any right or remedy under this Indenture, 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, provided that the provisions of this Section 7.09 7.9 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than ten percent in principal amount of the Notes at the time outstanding determined in accordance with Section 9.049.4, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or premium, if any, or interest on any Note on or after the due date expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15XV.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Note 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, 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; provided, however, that the provisions of but this Section 7.09 (to the extent permitted by law) 7.9 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any NoteholderSecurityholder, or group of NoteholdersSecurityholders, holding in the aggregate more than ten percent 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.04, Securities or to any suit instituted by any Noteholder Securityholder for the enforcement of the payment of the principal of or premium, if any, any premium or interest on any Note Security on or after the due date expressed in such Note Security or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15applicable redemption date.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note 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 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 7.09 (to the extent permitted by law) 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Noteholder, Securityholder or group of Noteholders, Securityholders holding in the aggregate more than ten percent 10% in principal amount of the Notes Securities outstanding at the time outstanding determined in accordance with Section 9.04outstanding, or to any suit instituted by any Noteholder Securityholder for the enforcement of the payment of the principal of (or premium, if any, ) or interest on any Note on or after the due date expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15.interest

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Note by his acceptance thereof shall be deemed to have agreed, that any court may, may in its discretion, discretion require, in any suit for the enforcement of any right or remedy under this Indenture, Indenture or in any suit against the Trustee for any action taken 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; provided, however, that the provisions of but this Section 7.09 (to the extent permitted by law) 7.13 shall not apply to any suit instituted by the Trustee, or to any suit instituted by any Noteholder, or group of Noteholders, holding in the aggregate more than ten percent 10% in principal amount of the Notes at the time outstanding determined in accordance with Section 9.04then outstanding, or to any suit instituted by any Noteholder for the enforcement of the payment of the principal of or premium, if any, any premium or interest on any Note on or after the due date expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15Note.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Note 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 expensesattorneys 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 7.09 (to the extent permitted by law) 5.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderSecurityholder, or group of Noteholders, Securityholders of any series holding in the aggregate more than ten percent 10% in principal amount of the Notes at Securities of that series (or, in the time outstanding determined case of any suit relating to or arising under clause (c), (d) or (e) of Section 5.01, 10% in accordance with Section 9.04aggregate principal amount of all Securities) outstanding, or to any suit instituted by any Noteholder Securityholder for the enforcement of the payment of the principal of or premium, if any, or interest on any Note Security against the Company on or after the same shall have become due date expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15and payable.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Note 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; provided, however, that but the provisions of this Section 7.09 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any NoteholderSecurityholders of any series, or group of Noteholderssuch Securityholders, holding in the aggregate more than ten percent in aggregate principal amount of the Notes at the time outstanding determined in accordance with Section 9.04all Securities (voting as one class), or to any suit instituted by any Noteholder Securityholders for the enforcement of the payment of the principal of (or premium, if any), interest, if any, or interest Additional Amounts, if any on any Note Security on or after the due date expressed in such Note or to any suit for the enforcement of the right to convert any Note in accordance with the provisions of Article 15Security. ARTICLE SEVEN.