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 a Subsidiary Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 601, and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such 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.

Appears in 43 contracts

Samples: Amplify Energy Corp., Indenture (EZMONEY Alabama, Inc.), Indenture (Arkansas Best Corp /De/)

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Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Company referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, conservator, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness of such 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.

Appears in 26 contracts

Samples: Gainsco Inc, Indenture (FCB/Sc Capital Trust I), Pfbi Capital Trust

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, the Securities for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle Twelve.

Appears in 11 contracts

Samples: Indenture (America Bank Note Holographics Inc), Axia Inc, Airxcel Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending, or upon a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodianreceiver, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt and other Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle Twelve.

Appears in 8 contracts

Samples: Indenture (Bway Corp), Indenture (BWAY Holding CO), Quality Distribution Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending, or upon a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodianreceiver, 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 SecuritiesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt and other Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle Twelve.

Appears in 8 contracts

Samples: Indenture (Asap Software Express Inc), Indenture (Buhrmann Nederland B.V.), Indenture (Asap Software Express Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, the Notes for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle Twelve.

Appears in 4 contracts

Samples: Indenture (Atlantic Broadband Management, LLC), Amo Holdings LLC, Tanner Chemicals Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this ArticleArticle Thirteen, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, the Securities for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle Thirteen.

Appears in 4 contracts

Samples: Indenture (Horton D R Inc /De/), Collins & Aikman Products Co, HPH Homebuilders 2000 Lp

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Guarantor referred to in this ArticleArticle Thirteen, the Trustee, subject to the provisions of Section 6015.1, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by any a court of competent jurisdiction in which such Guarantor Proceeding is any proceedings of the nature referred to in Section 13.4 are pending, or a certificate of the trustee in bankruptcyadministrator, bewindvoerder, receiver, liquidating liquidator, curator, sequestrator, trustee, custodian, assignee for other similar officer of the benefit of creditors, agent Guarantor or other Person person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness of such Subsidiary the Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Thirteen.

Appears in 3 contracts

Samples: Royal Ahold, Ahold Finance Usa Inc, Royal Ahold

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor referred to in this ArticleArticle 11, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness and other Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle 11.

Appears in 3 contracts

Samples: Couche Tard (3055854 Nova Scotia Co), Affinity Group Holding, Inc., Affinity Group Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.01, and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such 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.

Appears in 3 contracts

Samples: Davis Petroleum Corp., Halcon Resources Operating, Inc., Bold Energy III LLC

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Company referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, conservator,liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness of such 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.

Appears in 3 contracts

Samples: Equitable Resources Capital Trust I, Equitable Resources Inc /Pa/, Equitable Resources Capital Trust I

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Guarantor referred to in this ArticleArticle Thirteen, the Trustee, subject to the provisions of Section 6015.1, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by any a court of competent jurisdiction in which such Guarantor Proceeding is any proceedings of the nature referred to in Section 13.4 are pending, or a certificate of the trustee in bankruptcyadministrator, receiver, liquidating trusteeliquidator, custodian, assignee for trustee, other similar officer of the benefit of creditors, agent Guarantor or other Person person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness of such Subsidiary the Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Thirteen.

Appears in 3 contracts

Samples: Newmont (Newmont Usa LTD), Article Nine Satisfaction And (Newmont Mining Corp /De/), Newmont Mining Corp /De/

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary any Guarantor referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or a upon certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the Holders holders of Securitiesthe Notes, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt and other Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle Eleven.

Appears in 3 contracts

Samples: Indenture (Air Rental Supply Inc), Neff Corp, Landmark Theatre Corp

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor Publishing referred to in this Article, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness Indebtedness of such Subsidiary GuarantorPublishing, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article.

Appears in 2 contracts

Samples: Hollinger International Publishing Inc, Hollinger International Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such 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.

Appears in 2 contracts

Samples: Indenture (California Resources Real Estate Ventures, LLC), California Resources Production Corp

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Company referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent of the foregoing or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such 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.

Appears in 2 contracts

Samples: Hl&p Capital Trust I, Hl&p Capital Trust Iv

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary the Company or any Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such Subsidiary the Company or any Guarantor, as the case may be, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 2 contracts

Samples: Subordinated Indenture (Allied Waste Industries Inc), Allied Waste Industries Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Corporation or the Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, Securities for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such Subsidiary the Corporation or the Guarantor, as the case may be, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 2 contracts

Samples: Popular North America Capital Trust I, Popular North America Capital Trust Iii

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor referred to in this ArticleArticle 11, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness and other Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle 11.

Appears in 2 contracts

Samples: Supplemental Indenture (TNP Enterprises Inc), Brickman Group LTD

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, the Notes for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle Twelve.

Appears in 2 contracts

Samples: Polymer Group Inc, Polymer Group Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Company referred to in this Article, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness of such 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.

Appears in 2 contracts

Samples: Indenture (Allegheny Technologies Inc), Indenture (Hancock Holding Co)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Company referred to in this Article, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness of such 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.

Appears in 2 contracts

Samples: Indenture (International Paper Co /New/), International Paper Capital Trust Iii

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary the Company or any Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding proceeding is pending, or a -103- 112 certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such Subsidiary the Company or any Guarantor, as the case may be, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 2 contracts

Samples: Allied Waste Industries Inc, Allied Waste Industries Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of Holdings or a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, the Securities for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness of Holdings or of such Subsidiary Guarantor and other indebtedness of Holdings or such 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 ArticleArticle Twelve.

Appears in 1 contract

Samples: Graham Packaging Holdings Co

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Issuer referred to in this ArticleArticle XII, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness Indebtedness of such Subsidiary Guarantorthe Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle XII.

Appears in 1 contract

Samples: Southwestern Financial (Ich Corp /De/)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary any Guarantor referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or a upon certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the Holders holders of Securitiesthe Notes, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness and other Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle Eleven.

Appears in 1 contract

Samples: Indenture (Carpenter W R North America Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary any Guarantor referred to in this ArticleArticle 12, the Trustee, subject to the provisions of Section 601Article 6, and the Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securitiesthe Notes, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt and other Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle 12.

Appears in 1 contract

Samples: Indenture (Panolam Industries International Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Company or Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary or Guarantor Senior Debt and other indebtedness Indebtedness of such 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 ArticleArticle Twelve.

Appears in 1 contract

Samples: Indenture (Spanish Broadcasting System Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Company referred to in this Article, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness of such Subsidiary Guarantorthe Company and the Entitled Persons in respect of Other Financial Obligations, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 1 contract

Samples: Indenture (First State Bancorporation)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a any Subsidiary Guarantor referred to in this ArticleArticle XIV, the Trustee, subject to the provisions of Section 601Article VII hereof, and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or a upon certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle XIV.

Appears in 1 contract

Samples: Amerisource Health Corp/De

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, the Securities for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Debt Guarantor Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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.

Appears in 1 contract

Samples: Black Creek Management LLC

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a the Subsidiary Guarantor Guarantors referred to in this Article, the Trustee, subject to the provisions of Section 601Article VI, and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness of such a Subsidiary Guarantor and other indebtedness of such 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.

Appears in 1 contract

Samples: Fresenius National Medical Care Holdings Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary the Company or any Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such Subsidiary the Company or any Guarantor, as the case may be, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 1 contract

Samples: Allied Waste Industries Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding any insolvency, bankruptcy, receiver ship, dissolution, winding-up, liquidation, reorganization or similar case or proceed ing is pending, or upon a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodianreceiver, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt and other Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle Twelve.

Appears in 1 contract

Samples: Unilab Corp /De/

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary any Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, the Securities for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt and other Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle Twelve.

Appears in 1 contract

Samples: Autotote Corp

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this ArticleArticle Eight, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, the Notes for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle Eight.

Appears in 1 contract

Samples: Canandaigua LTD

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary any Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, the Securities for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt and other Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle Twelve.

Appears in 1 contract

Samples: Indenture (Scientific Games Corp)

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Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary any Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, the Securities for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness of such Subsidiary any Guarantor and other indebtedness Indebtedness of such 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 ArticleArticle Twelve.

Appears in 1 contract

Samples: Carson Products Co

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this ArticleArticle 18, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, the Notes for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle 18.

Appears in 1 contract

Samples: Advanced Medical Optics (Advanced Medical Optics Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Company referred to in this Article, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such 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.

Appears in 1 contract

Samples: Monmouth Real Estate Investment Corp

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Corporation or the Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, and the Holders of the Securities and the Guarantees, respectively, shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesSecurities or the Guarantees, as the case may be, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such Subsidiary the Corporation or the Guarantor, as the case may be, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 1 contract

Samples: Indenture (Banponce Trust Ii)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a any Subsidiary Guarantor referred to in this ArticleArticle XIV, the Trustee, subject to the provisions of Section 601Article VII hereof, and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or a upon certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Subsidiary Senior Debt of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle XIV.

Appears in 1 contract

Samples: Atmi Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a any Subsidiary Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 601, and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Subsidiary Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such a Subsidiary Guarantor and other indebtedness of such 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.

Appears in 1 contract

Samples: Iridium Facilities Corp

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, the Securities for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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.

Appears in 1 contract

Samples: Frontiervision Capital Corp

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Partnership referred to in this ArticleArticle Sixteen, the Trustee, subject to the provisions of Section 601612, and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor any Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness of such Subsidiary Guarantorthe Partnership, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 1 contract

Samples: Beacon Properties L P

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Guarantor referred to in this Article, the Guarantee Trustee, subject to the provisions of Section 601Article 3, and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor a Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Guarantee Trustee or to the Holders of SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor Secured Indebtedness and other indebtedness of such Subsidiary the 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.

Appears in 1 contract

Samples: Guarantee Agreement (Big Flower Holdings Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, the Securities for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle Twelve.

Appears in 1 contract

Samples: Indenture (Gentek Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6015.01, and the Holders of the Securities Noteholders shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesNoteholders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Guarantor's Senior Debt of such Subsidiary Guarantor and other indebtedness of such Subsidiary the 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.

Appears in 1 contract

Samples: Indenture (Abn Amro Bank Nv)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a the Subsidiary Guarantor Guarantors referred to in this Article, the Trustee, subject to the provisions of Section 601, and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness of such a Subsidiary Guarantor and other indebtedness of such 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.

Appears in 1 contract

Samples: Key3media Group Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Company referred to in this Article, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness of the Senior Debt of such Subsidiary Guarantor Company and other indebtedness of such 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.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Triton Energy Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.01, and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness of such Subsidiary Guarantor and other indebtedness Indebtedness of such 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.

Appears in 1 contract

Samples: Indenture (Primero Gas Marketing Co Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a any Subsidiary Guarantor referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or a upon certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the Holders holders of Securitiesthe Notes, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness Indebtedness of such 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 ArticleArticle Eleven.

Appears in 1 contract

Samples: Tracor Inc /De

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Corporation or the Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, Securities for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such Subsidiary the Corporation or the Guarantor, as the case may be, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 1 contract

Samples: Indenture (Banponce Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary the Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, the Securities for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness Indebtedness of such Subsidiary the Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Twelve.

Appears in 1 contract

Samples: Fedders North America Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary any Guarantor referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or a upon certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the Holders holders of Securitiesthe Notes, for the purpose of ascertaining 299 -119- the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt and other Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle Eleven.

Appears in 1 contract

Samples: Purchase Agreement (Uti Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or of distribution of assets of a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending, or upon a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodianreceiver, 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 SecuritiesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distributiondistribu- tion, the holders of the Guarantor Senior Debt and other Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle Twelve.

Appears in 1 contract

Samples: Covenants (Encompass Services Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee and the Holders of the Securities Notes shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, 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 Securities, the Notes for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness of such Subsidiary Guarantor and other indebtedness of such 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 ArticleArticle Twelve.

Appears in 1 contract

Samples: Indenture (Language Line Costa Rica, LLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Company or the Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, and the Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such Subsidiary the Company or the Guarantor, as the case may be, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 1 contract

Samples: FPC Capital Ii

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.01, and the Holders of the Securities shall be entitled to rely upon any order or 58 decree entered by any court of competent jurisdiction in which such Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such 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.

Appears in 1 contract

Samples: Lynden USA Inc.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a any Subsidiary Guarantor referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or a upon certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the Holders holders of Securitiesthe Notes, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt of such Subsidiary Guarantor and other indebtedness Indebtedness of such 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 ArticleArticle Eleven.

Appears in 1 contract

Samples: Koppers Industries Inc

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