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/)
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
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
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
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
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
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
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)
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
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
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
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
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