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 the Issuer referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Debt and other Indebtedness of the Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer any Guarantor referred to in this Article TenTwelve, the Trustee, subject to the provisions of Article Seven hereof, such Paying Agent and the Holders of the Securities Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the HoldersHolders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt of such Guarantor and other Indebtedness of the Issuersuch 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 TenTwelve; provided that such court receiver, trustee, assignee, agent or other Person has been made aware of this Article Twelve.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer any Subsidiary Guarantor referred to in this Article TenArticle, the Trustee, subject to the provisions of Article Seven hereofTrust Indenture Act Sections 315(a) through 315(d), and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization such bankruptcy or similar case or proceeding is 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 HoldersHolders 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 Indebtedness and other Indebtedness indebtedness of the Issuersuch 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 TenArticle; provided that such court, trustee, receiver, custodian, assignee, agent or other Person has been apprised of, or the order, decree or certificate makes reference to, the provisions of this Article.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer any Guarantor referred to in this Article TenArticle, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending, 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 HoldersHolders 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 Indebtedness and other Indebtedness 155 indebtedness of the Issuersuch 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 TenArticle, provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article.

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

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Hollxxxxx Xxxernational referred to in this Article TenArticle, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending, 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 HoldersHolders of 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 and other Indebtedness indebtedness of the IssuerHollxxxxx Xxxernational, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TenArticle; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, each Paying Agent and the Holders of the Securities Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the HoldersHolders of the Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Debt and other Indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten provided that such court, trustee, assignee, agent or other Person has been made aware of this Article Ten.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Guarantor referred to in this Article TenTwo, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending, 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 HoldersHolders of 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 and other Indebtedness indebtedness of the IssuerGuarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to such court has been fully apprised of the provisions of this Article TenTwo.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, each Paying Agent and the Holders of the Securities Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the HoldersHolders of the Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Debt and other Indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten; provided that such court, trustee, assignee, agent or other Person has been made aware of this Article Ten.

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

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article TenX, the Trustee, subject to the provisions of Article Seven Section 7.1 hereof, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is 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, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and Guarantor Senior Indebtedness, as the Senior Debt case may be, and other Indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten.X; provided that the foregoing shall apply only if -------- such court has been fully apprised of the provisions of this Article X.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, each Paying Agent and the Holders of the Securities ofhe Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the HoldersHolders of 106 the Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Debt and other Indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten provided that such court, trustee, assignee, agent or other Person has been made aware of this Article Ten.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Issuers referred to in this Article Ten11, the Trustee, subject to the provisions of Article Seven Section 7.01 hereof, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is 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, 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 the Issuerany Issuer , the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten11; provided that the foregoing -------- shall apply only if such court has been fully apprised of the provisions of this Article 11.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Issuers referred to in this Article Ten11, the Trustee, subject to the provisions of Article Seven Section 7.01 hereof, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is 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, 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 the IssuerIssuers, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten11; provided that the foregoing shall -------- apply only if such court has been fully apprised of the provisions of this Article 11.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Holdings referred to in this Article TenTwelve, the Trustee, subject to the provisions of Article Seven hereof, such Paying Agent and the Holders of the Securities Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the HoldersHolders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt of Holdings and other Indebtedness of the IssuerHoldings, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TenTwelve; provided that such court, receiver, trustee, assignee, agent or other Person has been made aware of this Article Twelve.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer a Guarantor referred to in this Article Ten13, the Trustee, subject to the provisions of Article Seven 7 hereof, and the Holders of the Securities Notes shall be entitled to rely conclusively upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding proceedings is pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the HoldersHolders of the Guarantees, 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 the IssuerGuarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten13.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer a License Subsidiary Guarantor referred to in this Article TenArticle12, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the License Subsidiary Guarantor Senior Debt and other Indebtedness Debt of the Issuersuch License 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 Ten12.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Issuers referred to in this Article Ten11, the Trustee, subject to the provisions of Article Seven Section 7.01 hereof, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is 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, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Indebtedness under the Senior Debt Credit Facility and other Indebtedness of the any Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten11; provided that the foregoing shall apply only if -------- such court has been fully apprised of the provisions of this Article 11.