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 Debentures by such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, 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 28 reasonable costs, including reasonable attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Debentureholder, or group of Debentureholders of any series holding more than 10% in aggregate principal amount of the Outstanding Debentures of that series, or to any suit instituted by any Debentureholder for the enforcement of the payment of the principal of or interest on any Debentures, on or after the respective due dates expressed in any such Debenture or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Third ------------------------ Amended and Restated Indenture agree, and each holder of any Debentures Security by such holder's 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 Third Amended and Restated Indenture, or in any suit against the Trustee for any action taken taken, omitted or omitted suffered 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 28 reasonable costs, including reasonable attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.7 6.09 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Debentureholder, holder of Securities of any series or group of Debentureholders of any series such holders, holding in the aggregate more than 10% twenty- five percent in aggregate principal amount of the Outstanding Debentures Securities of that series, such series or to any suit instituted by any Debentureholder Securityholder for the enforcement of the payment of the principal of of, premium, if any, or interest interest, if any, on any DebenturesSecurity on or after the due date expressed in such Security, on or after the respective date fixed for redemption or repayment or after such Security shall have become due dates expressed in any such Debenture or established pursuant to this Indentureby declaration.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debentures Debenture by such holder's 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 28 reasonable costs, including reasonable attorneys' ’ fees, against any party litigant in such suit, having have due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.7 7.09 shall not apply to any suit instituted by the Trustee, to any suit instituted institute by any Debentureholder, or group of Debentureholders of any series Debentureholders, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Outstanding Debentures of that seriesany series outstanding, or to any suit instituted by any Debentureholder holder of a Debenture of any series for the enforcement of the payment of the principal of of, premium, if any, or interest interest, if any, on any Debentures, Debenture of such series on or after the respective due dates date expressed in any such Debenture or established pursuant to this IndentureDebenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debentures by such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this -38- 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 28 reasonable costs, including reasonable attorneys' fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.7 7.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Debentureholder, or group of Debentureholders of any series holding more than 10% in aggregate principal amount of the Outstanding Debentures of that seriesDebentures, or to any suit instituted by any Debentureholder for the enforcement of the payment of the principal of or interest on any the Debentures, on or after the respective due dates 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 Debentures Securities by such holder's ’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 EXHIBIT 4.12 assess 28 reasonable costs, including reasonable attorneys' fees’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any DebentureholderSecurityholder, or group of Debentureholders of any series Securityholders, holding more than 10% in aggregate principal amount of the Outstanding Debentures Securities of that any series, or to any suit instituted by any Debentureholder Securityholder for the enforcement of the payment of the principal of (or premium, if any) or interest on any DebenturesSecurity of such series, on or after the respective due dates expressed in any such Debenture Security or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of any Debentures Debenture and each Holder of any Coupon, by such holder's his acceptance thereof thereof, shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, 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 28 reasonable costs, costs including reasonable attorneys' attorney's fees, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.7 509 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Debentureholder, Holder or group of Debentureholders of any series Holders, holding in the aggregate more than 10% in aggregate principal amount of the Outstanding Applicable Debentures of that any series or all series, as the case may be. Outstanding, or to any suit instituted by any Debentureholder Holder of any series for the enforcement of the payment of the principal of of, premium, if any, or interest on any Debentures, Debenture of such series on or after the respective due dates date expressed in any such Debenture or established pursuant to this IndentureDebenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder of any Debentures by such holder's acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture, 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 28 reasonable costs, including reasonable attorneys' feesfees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 5.7 shall not apply to any suit instituted by the Trustee, to any suit instituted by any Debentureholder, or group of Debentureholders of any series holding more than 10% in aggregate principal amount of the Outstanding Debentures of that seriesDebentures, or to any suit instituted by any Debentureholder for the enforcement of the payment of the principal of or interest on any the Debentures, on or after the respective due dates expressed in any such Debenture or established pursuant to this Indenture.

Undertaking to Pay Costs. All parties to this Indenture agree, and each holder Holder of a Security of any Debentures particular series by such holder's 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 28 reasonable costs, including reasonable attorneys' fees’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but provided that the provisions of this Section 5.7 508 (to the extent permitted by law) shall not apply to any suit instituted by the Trustee, to any suit instituted by any DebentureholderHolder of Securities of such series, or group of Debentureholders Holders of any series such series, holding in the aggregate more than 10% ten percent in aggregate principal amount of the Outstanding Debentures Securities of that seriessuch series at the time Outstanding, or to any suit instituted by any Debentureholder Holder of Securities of such series for the enforcement of the payment of the principal of (or interest premium, if any) or Interest (including the Redemption Price upon redemption pursuant to Article 11 or repurchase price upon repayment pursuant to Article 13) on any Debentures, such Security on or after the respective due dates date expressed in any such Debenture or established pursuant to this IndentureSecurity.