Common use of Reliance on Judicial Order or Certificate of Liquidating Agent Clause in Contracts

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor referred to in this Article Twelve, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelve, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness of any Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve.

Appears in 4 contracts

Samples: Indenture (Terex Corp), Indenture (Wellman North America Inc), Indenture (Terex Corp)

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Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveTen, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article TwelveTen, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness of the Company and other Indebtedness of any Subsidiary Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveTen.

Appears in 4 contracts

Samples: Indenture (Terex Corp), Indenture (Amida Industries Inc), Indenture (Wellman North America Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary the Guarantor referred to in this Article Twelve17, the Trustee, subject to the provisions of Article Seven hereof6, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivershipliquidation, dissolution, winding-up, liquidationreorganization, reorganization assignment for the benefit of creditors, marshaling of assets, bankruptcy, examinorship, reorganization, insolvency, receivership or other similar case or proceeding proceeding, is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person similar Person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Guarantor Senior Indebtedness Debt and other Indebtedness of any Subsidiary such Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve17.

Appears in 2 contracts

Samples: Limited Waiver (Elan Corp PLC), Funding Agreement (Elan Corp PLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveSixteen, the Trustee, subject to the provisions of Article Seven hereofSix, and the Holders of the Notes Securities of a series shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities of that series, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness indebtedness of any Subsidiary Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveSixteen.

Appears in 2 contracts

Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Trust or the Corporation, as the case may be, referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Article Seven hereofSection 601, and the Holders of the Notes Securities and Coupons shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the NotesSecurities or Coupons, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness and other Indebtedness indebtedness of any Subsidiary Guarantorsuch Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveArticle.

Appears in 2 contracts

Samples: Starwood Lodging Corp, Starwood Lodging Trust

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Issuers referred to in this Article TwelveTen, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness Debt and other Indebtedness of any Subsidiary Guarantorthe Issuers or their Restricted Subsidiaries, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveTen.

Appears in 2 contracts

Samples: Quality Distribution Inc, Quality Distribution Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor or securities referred to in this Article TwelveTen, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, liquidation or reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelveproceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person similar Person making such payment or distribution, delivered to the Trustee or to the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness and other Indebtedness of any Subsidiary Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveTen, provided that such court, trustee, receiver, custodian, assignee, agent or other Person has been apprised of, or the order, decree or certificate makes reference to, the provisions of this Article.

Appears in 2 contracts

Samples: Indenture (Regal Cinemas Inc), Indenture (Regal Cinemas Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveSixteen, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes Debt Securities (and of any Coupons) shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesDebt Securities (or of any Coupons), for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness indebtedness of any Subsidiary Guarantorthe Company, the amount thereof or payable thereontherein, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveSixteen.

Appears in 1 contract

Samples: Indenture (United Companies Financial Corp)

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Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveOne, the Trustee, subject to the provisions of Article Seven hereofSection [regarding the duties and responsibilities of the Trustee], and the Holders of the Notes Securities of any series shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities of such series, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness indebtedness of any Subsidiary Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveOne.

Appears in 1 contract

Samples: Note Purchase Agreement (Seitel Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveSixteen, the Trustee, subject to the provisions of Article Seven hereofSix, and the Holders of the Notes Securities of a series shall be entitled to conclusively rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, Custodian, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities of that series, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness indebtedness of any Subsidiary Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveSixteen.

Appears in 1 contract

Samples: Motorola Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary the Guarantor referred to in this Article Twelve17, the Trustee, subject to the provisions of Article Seven hereof6, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivershipliquidation, dissolution, winding-up, liquidationreorganization, reorganization assignment for the benefit of creditors, marshaling of assets, bankruptcy, examinership, reorganization, insolvency, receivership or other similar case or proceeding proceeding, is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person similar Person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Guarantor Senior Indebtedness Debt and other Indebtedness of any Subsidiary such Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve17.

Appears in 1 contract

Samples: Indenture (Elan Corp PLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Issuer or the Co-Issuer referred to in this Article TwelveTen, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness Debt and other Indebtedness of any Subsidiary Guarantorthe Issuer or the Co-Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveTen.

Appears in 1 contract

Samples: Stanley-Martin Communities, LLC

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Issuer referred to in this Article TwelveTen, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness Debt and other Indebtedness of any Subsidiary Guarantorthe Issuer or its Restricted Subsidiaries, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveTen.

Appears in 1 contract

Samples: GSL Corp

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