payment to Holders pursuant to this Section 6.10.
SECTION 6.11.
UNDERTAKING FOR COSTS.
IN ANY SUIT FOR THE
ENFORCEMENT OF ANY RIGHT OR REMEDY UNDER THIS INDENTURE OR IN ANY SUIT AGAINST
THE TRUSTEE FOR ANY ACTION TAKEN OR OMITTED BY IT AS TRUSTEE, A COURT MAY
REQUIRE ANY PARTY LITIGANT IN SUCH SUIT TO FILE AN UNDERTAKING TO PAY THE COSTS
OF THE SUIT, AND THE COURT MAY ASSESS REASONABLE COSTS, INCLUDING REASONABLE
ATTORNEYS' FEES, AGAINST ANY PARTY LITIGANT IN THE SUIT HAVING DUE REGARD TO THE
MERITS AND GOOD FAITH OF THE CLAIMS OR DEFENSES MADE BY THE PARTY LITIGANT.
THIS SECTION 6.11 DOES NOT APPLY TO A
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SUIT BY THE TRUSTEE, A SUIT BY A HOLDER PURSUANT TO SECTION 6.07, OR A SUIT BY
HOLDERS OF MORE THAN 10% IN PRINCIPAL AMOUNT OF THE OUTSTANDING NOTES.
SECTION 6.12.
RESTORATION OF RIGHTS AND REMEDIES.
IF THE TRUSTEE
OR ANY HOLDER HAS INSTITUTED ANY PROCEEDING TO ENFORCE ANY RIGHT OR REMEDY UNDER
THIS INDENTURE AND SUCH PROCEEDING HAS BEEN DISCONTINUED OR ABANDONED FOR ANY
REASON, OR HAS BEEN DETERMINED ADVERSELY TO THE TRUSTEE OR TO SUCH HOLDER, THEN,
AND IN EVERY SUCH CASE, SUBJECT TO ANY DETERMINATION IN SUCH PROCEEDING, THE
COMPANY, THE TRUSTEE AND THE HOLDERS SHALL BE RESTORED SEVERALLY AND
RESPECTIVELY TO THEIR FORMER POSITIONS HEREUNDER AND THEREAFTER ALL RIGHTS AND
REMEDIES OF THE COMPANY, TRUSTEE AND THE HOLDERS SHALL CONTINUE AS THOUGH NO
SUCH PROCEEDING HAD BEEN INSTITUTED.
SECTION 6.13.
RIGHTS AND REMEDIES CUMULATIVE.
EXCEPT AS OTHERWISE
PROVIDED WITH RESPECT TO THE REPLACEMENT OR PAYMENT OF MUTILATED, DESTROYED,
LOST OR WRONGFULLY TAKEN NOTES IN SECTION 2.09, NO RIGHT OR REMEDY HEREIN
CONFERRED UPON OR RESERVED TO THE TRUSTEE OR TO THE HOLDERS IS INTENDED TO BE
EXCLUSIVE OF ANY OTHER RIGHT OR REMEDY, AND EVERY RIGHT AND REMEDY SHALL, TO THE
EXTENT PERMITTED BY LAW, BE CUMULATIVE AND IN ADDITION TO EVERY OTHER RIGHT AND
REMEDY GIVEN HEREUNDER OR NOW OR HEREAFTER EXISTING AT LAW OR IN EQUITY OR
OTHERWISE.
THE ASSERTION OR EMPLOYMENT OF ANY RIGHT OR REMEDY HEREUNDER, OR
OTHERWISE, SHALL NOT PREVENT THE CONCURRENT ASSERTION OR EMPLOYMENT OF ANY OTHER
APPROPRIATE RIGHT OR REMEDY.
SECTION 6.14.
DELAY OR OMISSION NOT WAIVER.
NO DELAY OR OMISSION
OF THE TRUSTEE OR OF ANY HOLDER TO EXERCISE ANY RIGHT OR REMEDY ACCRUING UPON
ANY EVENT OF DEFAULT SHALL IMPAIR ANY SUCH RIGHT OR REMEDY OR CONSTITUTE A
WAIVER OF ANY SUCH EVENT OF DEFAULT OR AN ACQUIESCENCE THEREIN.
EVERY RIGHT AND
REMEDY GIVEN BY THIS ARTICLE SIX OR BY LAW TO THE TRUSTEE OR TO THE HOLDERS MAY
BE EXERCISED FROM TIME TO TIME, AND AS OFTEN AS MAY BE DEEMED EXPEDIENT, BY THE
TRUSTEE OR BY THE HOLDERS, AS THE CASE MAY BE.
ARTICLE SEVEN
TRUSTEE
SECTION 7.01.
GENERAL.
THE DUTIES AND RESPONSIBILITIES OF THE
TRUSTEE SHALL BE AS PROVIDED BY THE TIA AND AS SET FORTH HEREIN.
NOTWITHSTANDING THE FOREGOING, NO PROVISION OF THIS INDENTURE SHALL REQUIRE THE
TRUSTEE TO EXPEND OR