Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives of Holdings Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdings, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 9 contracts
Samples: Indenture (Anywhere Real Estate Group LLC), Indenture (Realogy Group LLC), Indenture (Realogy Group LLC)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Twelve, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness of any Guarantor and other Indebtedness of Holdingssuch 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 12Twelve. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article 12Twelve, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12Twelve, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12Twelve.
Appears in 7 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Marquee Holdings Inc.), Employment Agreement (Marquee Holdings Inc.)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12X, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.2 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness or Guarantor Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness, Guarantor Senior Indebtedness and other Indebtedness of Holdingsthe Company or the Subsidiary Guarantors, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12. X. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness or Guarantor Senior Indebtedness to participate in any payment or distribution pursuant to this Article 12X, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness or Guarantor Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12X, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 7.1 and 7.02 7.2 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.X.
Appears in 7 contracts
Samples: Indenture (Aurora Foods Inc /Md/), Indenture (International Wire Group Inc), Indenture (Wire Harness Industries Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1216, the Trustee and the Holders Noteholders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 16.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Noteholders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 1216. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article 1216, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1216, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 8.01 and 7.02 8.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1216.
Appears in 6 contracts
Samples: Registration Rights Agreement (Walter Industries Inc /New/), Registration Rights Agreement (Alliant Techsystems Inc), Indenture (Headwaters Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 5 contracts
Samples: Supplemental Indenture (Stone Energy Corp), Indenture (MBS Multimode Inc), Indenture (Mediq Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1210, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 1210. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness to participate in any payment or distribution pursuant to this Article 1210, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1210, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1210.
Appears in 5 contracts
Samples: Securities Indenture (Gutbusters Pty LTD), Dollar Securities Indenture (Gutbusters Pty LTD), Indenture (Aqua Chem Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1210, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness and other Indebtedness of Holdingsthe 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 1210. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness to participate in any payment or distribution pursuant to this Article 1210, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1210, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1210.
Appears in 5 contracts
Samples: Indenture (Argo Tech Corp), Retention Agreement (Hexcel Corp /De/), Rio Hotel & Casino Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of a Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness of a Subsidiary Guarantor and other Indebtedness of Holdingsa 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of a Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 5 contracts
Samples: Supplemental Indenture (Dex Media Inc), Supplemental Indenture (Dex Media International Inc), Dex Media Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (a1) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (b2) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (c3) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 4 contracts
Samples: Indenture (GSV Inc /Fl/), Monterey Carpets Inc, Encore Acquisition Co
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12XI, the Trustee and the Holders Securityholders shall be entitled to conclusively rely rely, except to the extent such reliance would constitute gross negligence or bad faith, (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 11.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders, or (ciii) upon the Holdings Representatives authorized representative, if any, for the holders of Holdings Designated Senior Indebtedness Debt of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Designated Senior Indebtedness Debt and other Indebtedness Debt of Holdingssuch 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 12XI. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Designated Senior Indebtedness Debt of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 12XI, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Designated Senior Debt of such Holdings Senior Indebtedness Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12XI, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12XI. Notwithstanding anything to the contrary contained in this Section 11.12, the provisions of this Section 11.12 shall not change, modify or otherwise affect the rights of the holders of Designated Senior Debt.
Appears in 4 contracts
Samples: Indenture (Alamosa Delaware Inc), Alamosa Holdings Inc, Alamosa Delaware Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 123, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 3.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch 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 123. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 123, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 123, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 of the Indenture shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 123.
Appears in 4 contracts
Samples: Dollar Securities Indenture (Gutbusters Pty LTD), Securities Indenture (Gutbusters Pty LTD), Guarantee Agreement (Gutbusters Pty LTD)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of a Note Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness of a Note Guarantor and other Indebtedness of Holdingsa Note 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of a Note Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Note Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 4 contracts
Samples: American Media Operations Inc, Semiconductor Components Industries LLC, Donjoy LLC
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1210, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of the Issuers for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe Issuers, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 1210. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of either of the Issuers to participate in any payment or distribution pursuant to this Article 1210, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1210, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1210.
Appears in 4 contracts
Samples: Supplemental Indenture (Dex Media International Inc), Supplemental Indenture (Dex Media Inc), Dex Media West LLC
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives of Holdings Senior Indebtedness of a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingssuch 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of a Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 4 contracts
Samples: Subordinated Notes Indenture (American Tire Distributors Holdings, Inc.), Indenture (Michaels Stores Inc), Indenture (Avago Technologies LTD)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12II, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 2.2 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives of Holdings Senior Indebtedness of the Parent Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe Parent 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 12II. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Parent Guarantor to participate in any payment or distribution pursuant to this Article 12II, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12II, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 of the Indenture shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12II.
Appears in 4 contracts
Samples: Supplemental Indenture (Realogy Corp), Guaranty (Springleaf Holdings, Inc.), Realogy Corp
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1212 or the Intercreditor Deed, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any bankruptcy, reorganization, insolvency, receivership or similar proceedings of relating to the nature referred to in Section 12.02 are Senior Subordinated Subsidiary Guarantor and its properties is pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of the Senior Subordinated Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness of the Senior Subordinated Subsidiary Guarantor and other Indebtedness of Holdingsthe Senior Subordinated 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 1212 or the Intercreditor Deed. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Senior Subordinated Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 1212 or the Intercreditor Deed, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of the Senior Subordinated Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1212 or the Intercreditor Deed, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1212 or the Intercreditor Deed.
Appears in 4 contracts
Samples: Indenture (NTL Inc), NTL:Telewest LLC, Virgin Media Inc.
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Sixteen, the Trustee and the Holders Noteholders shall be entitled to conclusively rely (a1) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 1602 are pending, (b2) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Noteholders or (c3) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch 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 12Sixteen. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 12Sixteen, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12Sixteen, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 601 and 7.02 603 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12Sixteen.
Appears in 4 contracts
Samples: Fourth Supplemental Indenture (Newfield Exploration Co /De/), Second Supplemental Indenture (Newfield Exploration Co /De/), Supplemental Indenture (Newfield Exploration Co /De/)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Fifteen, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 15.02 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives of Holdings Senior Designated First Lien Indebtedness of a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Designated First Lien Indebtedness and other Indebtedness of Holdingssuch 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 12Fifteen. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Designated First Lien Indebtedness of a Guarantor to participate in any payment or distribution pursuant to this Article 12Fifteen, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Designated First Lien Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12Fifteen, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 601 and 7.02 603 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12Fifteen.
Appears in 3 contracts
Samples: Supplemental Indenture (Clearwire Corp /DE), Note Purchase Agreement (Clearwire Corp /DE), Note Purchase Agreement (Sprint Nextel Corp)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Seven, the Trustee and the Holders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 7.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 12Seven. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness to participate in any payment or distribution pursuant to this Article 12Seven, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12Seven, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The Trustee shall have the right to seek a declaratory judgment as to any right of such Person to receive such payment. The provisions of Sections 7.01 8.01 and 7.02 8.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12Seven.
Appears in 3 contracts
Samples: Indenture (Lin Television Corp), WTNH Broadcasting Inc, Lin Television Corp
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (a1) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (b2) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (c3) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 3 contracts
Samples: Indenture (Cb Richard Ellis Services Inc), Indenture (Cb Richard Ellis Services Inc), Indenture (Koll Donald M)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Fourteen, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 14.02 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives of Holdings Senior Designated First Lien Indebtedness of the Issuers for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Designated First Lien Indebtedness and other Indebtedness of Holdingsthe Issuers, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12Fourteen. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Designated First Lien Indebtedness of the Issuers to participate in any payment or distribution pursuant to this Article 12Fourteen, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Designated First Lien Indebtedness Notes held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12Fourteen, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 601 and 7.02 603 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12Fourteen.
Appears in 3 contracts
Samples: Note Purchase Agreement (Sprint Nextel Corp), Note Purchase Agreement (Clearwire Corp /DE), Supplemental Indenture (Clearwire Corp /DE)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1218, the Trustee and the Holders Noteholders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 18.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Noteholders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of a Note Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness of a Note Guarantor and other Indebtedness of Holdingsa Note 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 1218. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of a Note Guarantor to participate in any payment or distribution pursuant to this Article 1218, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Note Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1218, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 8.01 and 7.02 8.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1218.
Appears in 3 contracts
Samples: Indenture (On Semiconductor Corp), Indenture (On Semiconductor Corp), On Semiconductor Corp
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1210, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Security holders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 1210. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article 1210, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1210, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1210.
Appears in 3 contracts
Samples: Indenture (Fairchild Semiconductor International Inc), Indenture (MBS Multimode Inc), Interactive Media Corp
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1211, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 11.02 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives of Holdings Designated Senior Indebtedness of a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Designated Senior Indebtedness and other Indebtedness of Holdingssuch 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 1211. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Designated Senior Indebtedness of a Guarantor to participate in any payment or distribution pursuant to this Article 1211, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Designated Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1211, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1211.
Appears in 3 contracts
Samples: Indenture (CC Media Holdings Inc), Indenture (C C Media Holdings Inc), Indenture (Clear Channel Communications Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1218, the Trustee and the Holders Noteholders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 18.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Noteholders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of a Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness of a Subsidiary Guarantor and other Indebtedness of Holdingsa 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 1218. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of a Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 1218, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1218, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 8.01 and 7.02 8.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1218.
Appears in 3 contracts
Samples: Registration Rights Agreement (Alliant Techsystems Inc), Registration Rights Agreement (Alliant Techsystems Inc), Registration Rights Agreement (Alliant Techsystems Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness of a Guarantor and other Indebtedness of Holdingsa 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 12. In the event that the Trustee determines, in good faith, determines that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of a Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 3 contracts
Samples: Supplemental Indenture (Verso Paper Corp.), Indenture (Verso Paper Corp.), Supplemental Indenture (Verso Sartell LLC)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1211, the Trustee and the Holders shall be entitled to conclusively rely (a1) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 11.02 are pending, (b2) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c3) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the Third Supplemental Indenture 72 holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch 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 1211. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 1211, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1211, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 of the Indenture shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1211.
Appears in 2 contracts
Samples: Indenture (Encore Acquisition Co), Indenture (Denbury Resources Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives Representative for the holders of Holdings Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingssuch 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of such Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 2 contracts
Samples: Supplemental Indenture (Denbury Resources Inc), Supplemental Indenture (Denbury Resources Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Seven, the Trustee and the Holders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 7.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 12Seven. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness to participate in any payment or distribution pursuant to this Article 12Seven, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12Seven, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such paymentpayment or distribution. The Trustee shall have the right to seek a declaratory judgment as to any right of such Person to receive such payment or distribution. The provisions of Sections 7.01 8.01 and 7.02 8.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12Seven.
Appears in 2 contracts
Samples: Cooperative Computing Inc /De/, MTS Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12XII, the Trustee and the Holders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the such Holders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness and other Indebtedness of Holdingsthe 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 12XII. The Trustee shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness (or a Representative on behalf of such holder), to establish that such notice has been given by a holder of such Senior Indebtedness or Representative on behalf of any such holder or holders. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness to participate in any payment or distribution pursuant to this Article 12XII, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12XII, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12XII.
Appears in 2 contracts
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Fourteen, the Trustee and the Holders holders of Securities shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 14.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders holders of Securities or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness or upon the holders of Senior Indebtedness for which there are no Representatives for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness Indebtedness, and other Indebtedness indebtedness of Holdingsthe 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 12Fourteen. In the event that the Trustee determines, in good faith, that further evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness to participate in any payment or distribution pursuant to this Article 12Fourteen, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, Fourteen and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 2 contracts
Samples: Debt Indenture (General Electric Capital Corp), General Electric Capital Corp
Trustee Entitled to Rely. Upon any payment or ------------------------- distribution pursuant to this Article 1210, the Trustee and the Holders Securityholders shall be entitled to rely conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 1210. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article 1210, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1210, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1210.
Appears in 2 contracts
Samples: Indenture (Telecorp PCS Inc), Telecorp Tritel Holding Co
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders Noteholders shall be entitled to conclusively rely (a1) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (b2) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Noteholders or (c3) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingssuch 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be 100 applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 2 contracts
Samples: Indenture (Merisant Foreign Holdings I Inc), Indenture (Tabletop Holdings Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Thirteen, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 13.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 12Thirteen. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article 12Thirteen, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12Thirteen, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 8.01 and 7.02 8.03 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12Thirteen.
Appears in 2 contracts
Samples: Citizens Funding Trust IV, Citizens Funding Trust IV
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Sixteen, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 16.02 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives of Holdings Senior Indebtedness of a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch 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 12Sixteen. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of a Guarantor to participate in any payment or distribution pursuant to this Article 12Sixteen, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12Sixteen, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 Section 6.01 and 7.02 Section 6.03 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12Sixteen.
Appears in 2 contracts
Samples: Indenture (Peabody Energy Corp), Cottonwood Land Co
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12XV, the Trustee and the Holders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 15.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingssuch 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 12XV. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 12XV, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12XV, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12XV.
Appears in 2 contracts
Samples: First Supplemental Indenture (Swift Energy Co), Swift Energy Co
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12XII, the Trustee and the Holders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in under Section 12.02 12.2 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (ciii) upon the Holdings Representatives for the holders of Holdings Guarantor Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Guarantor Senior Indebtedness and other Indebtedness of Holdingseach 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 12XII. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Guarantor Senior Indebtedness to participate in any payment or distribution pursuant to this Article 12XII, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Guarantor Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12XII, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 7.1 and 7.02 7.2 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12XII.
Appears in 2 contracts
Samples: Indenture (Gibraltar Industries, Inc.), Gibraltar Industries, Inc.
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (a1) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (b2) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (c3) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingssuch 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 2 contracts
Samples: Medical Documenting Systems Inc, United Surgical Partners International Inc
Trustee Entitled to Rely. Upon any payment or ------------------------- distribution pursuant to this Article 12, the Trustee and the Holders Securityholders shall be entitled to rely conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of a Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness of a Subsidiary Guarantor and other Indebtedness of Holdingsa 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of a Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 2 contracts
Samples: Indenture (Telecorp PCS Inc), Telecorp Tritel Holding Co
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12XII, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 12.2 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives Representative for the holders of Holdings Senior Indebtedness of any Restricted Subsidiary for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch Restricted Subsidiary, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12XII. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of such Restricted Subsidiary to participate in any payment or distribution pursuant to this Article 12XII, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Restricted Subsidiary held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12XII, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 7.1 and 7.02 7.2 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12XII.
Appears in 2 contracts
Samples: Indenture (Iusacell S a De C V), Indenture (Inmobiliaria Montes Urales 460 S a De C V)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Fourteen, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 14.02 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives of Holdings Senior Indebtedness of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingsthe 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 12Fourteen. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article 12Fourteen, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12Fourteen, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 Section 6.01 and 7.02 Section 6.03 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12Fourteen.
Appears in 2 contracts
Samples: Indenture (Peabody Energy Corp), Cottonwood Land Co
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives of Holdings Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdings, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 2 contracts
Samples: Indenture (Realogy Corp), Indenture (Domus Holdings Corp)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Twelve, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives of Holdings Senior Indebtedness of a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingssuch 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 12Twelve. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of a Guarantor to participate in any payment or distribution pursuant to this Article 12Twelve, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12Twelve, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12Twelve.
Appears in 2 contracts
Samples: Interline (Interline Brands, Inc./De), Universal City Travel Partners
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Twelve, the Trustee and the Holders Noteholders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Noteholders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch 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 12Twelve. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 12Twelve, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12Twelve, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 7.03 of this Indenture shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12Twelve.
Appears in 2 contracts
Samples: Leasehold Resource Group LLC, SHG Holding Solutions Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (a1) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (b2) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (c3) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 2 contracts
Samples: Purchase Agreement (Amh Holdings, LLC), Indenture (Associated Materials, LLC)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1213, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 13.02 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives of Holdings Designated Senior Indebtedness guaranteed by a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Designated Senior Indebtedness and other Indebtedness of Holdingsguaranteed by such Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 1213. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Designated Senior Indebtedness guaranteed by a Guarantor to participate in any payment or distribution pursuant to this Article 1213, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Designated Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1213, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1213.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Boart Longyear LTD), Fourth Supplemental Indenture (Boart Longyear Suisse Sarl)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1210, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness and other Indebtedness of Holdingsthe 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 1210. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness to participate in any payment or distribution pursuant to this Article 1210, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution Distribution and other facts pertinent to the rights of such Person under this Article 1210, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1210.
Appears in 2 contracts
Samples: Kelley Oil & Gas Corp, Kelley Operating Co LTD
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12X, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the such Holders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness and other Indebtedness Debt of Holdingsthe Partnership, the Guarantor or the Subsidiary Guarantors, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12. X. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness to participate in any payment or distribution pursuant to this Article 12X, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12X, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.X.
Appears in 2 contracts
Samples: Indenture (K-Sea Transportation Inc.), Indenture (Heritage Propane Partners L P)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1210, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 1210. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article 1210, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1210, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1210.
Appears in 2 contracts
Samples: Indenture (Berry Plastics Corp), Alliant Techsystems Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12XI, the Trustee and the Holders holders of the Guarantees shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 11.2 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders holders of the Guarantees or (c) upon the Holdings Representatives of Holdings Designated Senior Indebtedness of a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Designated Senior Indebtedness and other Indebtedness of Holdingssuch 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 12XI. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Designated Senior Indebtedness of a Guarantor to participate in any payment or distribution pursuant to this Article 12XI, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Designated Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12XI, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 7.1 and 7.02 7.2 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12XI.
Appears in 2 contracts
Samples: Nuveen Investments Holdings, Inc., Nuveen Investments Holdings, Inc.
Trustee Entitled to Rely. Upon any payment or ------------------------ distribution pursuant to this Article 12XII, the Trustee and the Holders Noteholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 12.2 ------------ are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Noteholders or (ciii) upon the Holdings Representatives Representative for the holders of Holdings Senior Indebtedness of any Note Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch Note 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 12XII. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of such Note Guarantor to participate in any payment or distribution pursuant to this Article 12XII, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Note Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12XII, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 7.1 and 7.02 7.2 shall be applicable to all actions or ------------ ---- omissions of actions by the Trustee pursuant to this Article 12XII.
Appears in 2 contracts
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1213, the Trustee and the Holders Noteholders shall be entitled to conclusively rely (a1) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 13.02 hereof are pending, (b2) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Noteholders or (c3) upon the Holdings Representatives of Holdings Senior Indebtedness Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness Debt and other Indebtedness Debt of Holdingsthe 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 1213. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness Debt to participate in any payment or distribution pursuant to this Article 1213, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1213, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 601 and 7.02 603 of the Original Indenture shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1213.
Appears in 2 contracts
Samples: First Supplemental Indenture (Whiting Petroleum Corp), Second Supplemental Indenture (Whiting Petroleum Corp)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1211, the Trustee and the Holders shall be entitled to conclusively rely (a1) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 11.02 are pending, (b2) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c3) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the 72 holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch 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 1211. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 1211, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1211, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 of the Indenture shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1211.
Appears in 2 contracts
Samples: Indenture (Encore Acquisition Co), Indenture (Denbury Resources Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, Twelve the Trustee and the Holders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 12.2 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (ciii) upon the Holdings Representatives Guarantor Senior Obligations Agent or any other proper representative of Holdings the holders of the relevant Guarantor Senior Indebtedness Obligations for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdings, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12Twelve. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings a relevant Guarantor Senior Indebtedness Obligations to participate in any payment or distribution pursuant to this Article 12Twelve, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Guarantor Senior Indebtedness Obligations held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12Twelve, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 Article Six of the Existing Indenture shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12Twelve. Upon any payment or distribution of assets of the Company referred to in this Article Twelve, the Trustee, subject to the provisions of Article Six of the Existing Indenture, and the Holders of the Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending, 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 Guarantor Senior Obligations and other indebtedness of the 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 Twelve.
Appears in 2 contracts
Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12III, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (a1) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 3.02 are pending, (b2) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (c3) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of the Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 12III. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 12III, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of the Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12III, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 of the Indenture shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12III.
Appears in 2 contracts
Samples: Subsidiary Guaranty (Buffets Inc), Subsidiary Guaranty (Buffets Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12III, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 3.2 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Guarantor Senior Indebtedness or Senior Indebtedness of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Guarantor Senior Indebtedness or Senior Indebtedness and other Indebtedness of Holdingsthe Company or 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 12III. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Guarantor Senior Indebtedness to participate in any payment or distribution pursuant to this Article 12III, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Guarantor Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12III, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 7.1 and 7.02 7.2 of the Indenture shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12III.
Appears in 2 contracts
Samples: NBC Acquisition Corp, Nebraska Book Co
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1210, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives of Holdings Senior Indebtedness of the Issuers for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe Issuers, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 1210. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Issuers to participate in any payment or distribution pursuant to this Article 1210, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1210, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1210.
Appears in 2 contracts
Samples: Indenture (Avago Technologies Manufacturing (Singapore) Pte. Ltd.), Indenture (Avago Technologies LTD)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives of Holdings Designated Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Designated Senior Indebtedness and other Indebtedness of Holdingsthe 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Designated Senior Indebtedness to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Designated Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Boart Longyear LTD), Fourth Supplemental Indenture (Boart Longyear Suisse Sarl)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1210, the Trustee and the Holders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders pending or (cii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness Debt and other Indebtedness Debt of Holdingsthe Issuer 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 1210. Without limiting the generality of the foregoing, the Trustee and the Holders shall, unless otherwise ordered by a court of competent jurisdiction, allocate such payments or distributions ratably to the holders of Senior Debt in accordance with the U.S. Dollar Equivalent amount of their claims, determined as of the date on which the Trustee or the Holders received the amount being paid or distributed. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness Debt to participate in any payment or distribution pursuant to this Article 1210, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1210, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1210.
Appears in 2 contracts
Samples: Subordination Agreement (Polska Telefonia Cyfrowa Sp Zoo), PTC International Finance Holding B V
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12XI, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 11.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives Representative for the holders of Holdings Specified Senior Indebtedness of the Issuers for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Specified Senior Indebtedness and other Indebtedness of HoldingsIndebtedness, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12XI. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Specified Senior Indebtedness of the Issuers to participate in any payment or distribution pursuant to this Article 12XI, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Specified Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, XI and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12XI.
Appears in 2 contracts
Samples: NSM Steel Co LTD, NSM Steel Co LTD
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1215, the Trustee and the Holders Noteholders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 15.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Noteholders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 1215. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article 1215, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1215, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1215.
Appears in 2 contracts
Samples: Headwaters Incorporated (Headwaters Inc), Indenture (Alliant Techsystems Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12XVI, the Trustee and the Holders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 16.2 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior the Schering Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other the Schering Indebtedness of Holdingsthe 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 12XVI. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior the Schering Indebtedness to participate in any payment or distribution pursuant to this Article 12XVI, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior the Schering Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12XVI, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The Trustee shall have the right to seek a declaratory judgment as to any right of such Person to receive such payment. The provisions of Sections 7.01 6.1 and 7.02 6.3 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12XVI.
Appears in 1 contract
Samples: Indenture (Epix Medical Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders shall be entitled to conclusively rely upon (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon a certificate of the Holdings Representatives Representative of Holdings the holders of Senior Indebtedness Debt or, if there is no Representative, the holders of Senior Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness Debt and other Indebtedness of Holdingsthe Company and the Subsidiary Guarantors, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness Debt to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections Section 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 1 contract
Samples: Villa Pines Care LLC
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Twelve, the Trustee and the Holders Noteholders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Noteholders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch 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 12Twelve. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 12Twelve, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12Twelve, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 7.03 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12Twelve.
Appears in 1 contract
Samples: Indenture (Sun Healthcare Group Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (ciii) upon a certificate of the Holdings Representatives Representative of Holdings the holders of Senior Indebtedness Debt of any Guarantor or, if there is no Representative, the holders of such Senior Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness Debt of any Guarantor and other Indebtedness Debt of Holdingssuch 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness Debt of any Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Debt of such Holdings Senior Indebtedness Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 1 contract
Samples: S&c Resale Co
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1213, the Trustee and the Holders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 13.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (ciii) upon a certificate of the Holdings Representatives Representative of Holdings the holders of Senior Indebtedness of any Guarantor or, if there is no Representative, the holders of such Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness of any Guarantor and other Indebtedness of Holdingssuch 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 1213. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article 1213, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1213, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 601 and 7.02 603 of the Base Indenture shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1213.
Appears in 1 contract
Samples: Pilgrims Pride Corp
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1210, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives of Holdings Senior Indebtedness of the Issuer for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 1210. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Issuer to participate in any payment or distribution pursuant to this Article 1210, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1210, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1210.
Appears in 1 contract
Samples: Indenture (Realogy Corp)
Trustee Entitled to Rely. Upon any payment or ------------------------- distribution pursuant to this Article 12, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of a Note Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness of a Note Guarantor and other Indebtedness of Holdingsa Note 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of a Note Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Note Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 1 contract
Samples: Indenture (Commercial Aggregates Transportation & Sales LLC)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Ten, the Trustee and the Holders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.2 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe Issuers, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12Ten. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Issuers to participate in any payment or distribution pursuant to this Article 12Ten, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of the Issuers held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12Ten, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 7.1 and 7.02 7.2 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12Ten.
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12X, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of the Issuer for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 12. X. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Issuer to participate in any payment or distribution pursuant to this Article 12X, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12X, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.X.
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Fourteen, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 1402 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon a certificate of the Holdings Representatives Representative of Holdings the holders of Senior Indebtedness Debt or, if there is no Representative, the holders of Senior Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness Debt and other Indebtedness Debt of Holdingsthe 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 12Fourteen. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness Debt to participate in any payment or distribution pursuant to this Article 12Fourteen, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12Fourteen, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 Section 601 and 7.02 603 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12Fourteen.
Appears in 1 contract
Samples: Indenture (Sanmina-Sci Corp)
Trustee Entitled to Rely. Upon any payment or distribution ------------------------ pursuant to this Article 123, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 3.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch 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 123. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 123, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 123, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 of the Indenture shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 123.
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Twelve, the Trustee and the Holders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (ciii) upon the Holdings Representatives for the holders of Holdings each Subsidiary Guarantor's Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Subsidiary Guarantor Senior Indebtedness and other Indebtedness of Holdingsany Subsidiary Guarantor's, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12Twelve. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings a Subsidiary Guarantor's Senior Indebtedness to participate in any payment or distribution pursuant to this Article 12Twelve, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Subsidiary Guarantor's Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12Twelve, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12Twelve.
Appears in 1 contract
Samples: Applied Power Inc
Trustee Entitled to Rely. Upon any payment or ------------------------ distribution pursuant to this Article 12XII, the Trustee and the Holders Noteholders shall ----------- be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 12.2 ------------ are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Noteholders or (ciii) upon the Holdings Representatives Representative for the holders of Holdings Senior Indebtedness of any Note Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch Note 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 12XII. In the event that ----------- the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of such Note Guarantor to participate in any payment or distribution pursuant to this Article 12------- XII, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable --- satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Note Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12XII, and, if such evidence is not ----------- furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 7.1 and 7.02 7.2 shall be applicable to all actions or ------------ ---- omissions of actions by the Trustee pursuant to this Article 12.XII. -----------
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or ------------------------ distribution pursuant to this Article 1210, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 1210. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article 1210, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1210, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections Section 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1210.
Appears in 1 contract
Samples: Delco Remy International Inc
Trustee Entitled to Rely. Upon any payment or ------------------------ distribution pursuant to this Article 12XII, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (a1) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (b2) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (c3) upon the Holdings Representatives for the holders of Holdings each Subsidiary Guarantor's Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Subsidiary Guarantor Senior Indebtedness and other Indebtedness Indebted- ness of Holdingsany Subsidiary Guarantor's, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12XII. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings a Subsidiary Guarantor's Senior Indebtedness to participate in any payment or distribution pursuant to this Article 12XII, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Subsidiary Guarantor's Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12XII, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12XII.
Appears in 1 contract
Samples: Marson Creative Fastener Inc
Trustee Entitled to Rely. Upon any payment or ------------------------- distribution pursuant to this Article 1210, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 1210. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article 1210, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1210, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1210.
Appears in 1 contract
Samples: Indenture (DR Sales Inc)
Trustee Entitled to Rely. Upon any payment or ------------------------ distribution pursuant to this Article 1210, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of the Issuer for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 1210. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Issuer to participate in any payment or distribution pursuant to this Article 1210, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1210, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1210.
Appears in 1 contract
Samples: Chippac LTD
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 125, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 5.02 of the Second Supplemental Indenture are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of a Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness of a Subsidiary Guarantor and other Indebtedness of Holdingsa 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 125. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of a Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 125, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 125, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 6.01 and 7.02 6.02 of this Indenture shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 125.
Appears in 1 contract
Samples: Second Supplemental Indenture (Alliant Techsystems Inc)
Trustee Entitled to Rely. Upon any payment or ------------------------- distribution pursuant to this Article 12, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 1 contract
Samples: Indenture (DR Sales Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12III, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction 139 10 in which any proceedings of the nature referred to in Section 12.02 3.02 of this Guaranty Agreement are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives Representative for the holders of Holdings Senior Indebtedness of the Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingsthe 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 12III. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Guarantor to participate in any payment or distribution pursuant to this Article 12III, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of the Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, III and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 of the Indenture shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12III.
Appears in 1 contract
Samples: Indenture (Denbury Management Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Fourteen, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 1402 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives of Holdings Senior Designated First Lien Indebtedness of the Issuers for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Designated First Lien Indebtedness and other Indebtedness of Holdingsthe Issuers, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12Fourteen. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Designated First Lien Indebtedness of the Issuers to participate in any payment or distribution pursuant to this Article 12Fourteen, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Designated First Lien Indebtedness Notes held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12Fourteen, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 601 and 7.02 603 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12Fourteen.
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1213, the Trustee and the Holders of the Series A Notes shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 13.02 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders of the Series A Notes or (c) upon the Holdings Representatives of Holdings Designated Senior Indebtedness of the Issuer or a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe Issuer or such Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 1213. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Issuer or a Guarantor to participate in any payment or distribution pursuant to this Article 1213, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1213, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1213.
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders shall be entitled to conclusively rely (a1) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (b2) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c3) upon the Holdings Representatives for the holders of Senior Debt of Holdings Senior Indebtedness or any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness Debt and other Indebtedness indebtedness of HoldingsHoldings or such 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Debt of Holdings Senior Indebtedness or any Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Debt of Holdings or such Holdings Senior Indebtedness Guarantor (as the case may be) held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.Sections
Appears in 1 contract
Samples: TransDigm Group INC
Trustee Entitled to Rely. Upon any payment or distribution ------------------------ pursuant to this Article 1215, the Trustee and the Holders shall be entitled to conclusively ---------- rely (ai) upon any order or decree of a court of competent jurisdiction in which - any proceedings of the nature referred to in Section 12.02 1502 are pending, (bii) upon ------------ -- a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (ciii) upon the Holdings --- Representatives for the holders of Holdings Guarantor Senior Indebtedness or any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Guarantor Senior Indebtedness and other Indebtedness of Holdingssuch 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 1215. In the event that ---------- the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings such Guarantor Senior Indebtedness to participate in any payment or distribution pursuant to this Article 1215, the ---------- Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Guarantor Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1215, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 701 and 7.02 703 shall be applicable to all actions or ------------ --- omissions of actions by the Trustee pursuant to this Article 12.15. ----------
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12X, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 12. X. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article 12X, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12X, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.X.
Appears in 1 contract
Samples: Forest Oil Corp
Trustee Entitled to Rely. Upon any payment or ------------------------- distribution pursuant to this Article 1210, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction juris diction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Security holders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 1210. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article 1210, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1210, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1210.
Appears in 1 contract
Samples: Indenture (Glenoit Asset Corp)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1210, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives of Holdings Senior Indebtedness of the Issuer for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 1210. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Issuer to participate in any payment or distribution pursuant to this Article 1210, the Trustee shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1210, and, if such evidence is not furnished, the Trustee shall be entitled en-titled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1210.
Appears in 1 contract
Samples: Subordinated Notes Indenture (American Tire Distributors Holdings, Inc.)
Trustee Entitled to Rely. Upon any payment or ------------------------ distribution pursuant to this Article 12, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Subsidiary Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right rights of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 1 contract
Samples: Delco Remy International Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1210, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of the Company for the purpose of ascertaining the Persons entitled to participate in such 87 79 payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 1210. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article 1210, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1210, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1210.
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee Trustee, any Paying Agent and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness Debt of a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness Debt of a Guarantor and other Indebtedness Debt of Holdingsa 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 12. In the event that the Trustee or Paying Agent determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness Debt of a Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to or Paying Agent may request such Person to furnish evidence to the reasonable satisfaction of the Trustee or Paying Agent as to the amount of Senior Debt of such Holdings Senior Indebtedness Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to or Paying Agent may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee or Paying Agent pursuant to this Article 12.
Appears in 1 contract
Samples: Indenture (Univar Inc.)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon a certificate of the Holdings Representatives Representative of Holdings the holders of Senior Indebtedness or, if there is no Representative, the holders of Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1211, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 Section 601 and 7.02 603 of the Base Indenture shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 1 contract
Samples: Pilgrims Pride Corp
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12X, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives Representative for the holders of Holdings Senior Indebtedness of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness of the Company and other Indebtedness of Holdingsthe 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 12. X. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article 12X, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of the Company held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12X, and, if such 102 evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.X.
Appears in 1 contract
Samples: Supplemental Indenture (Werner Holding Co Inc /Pa/)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders Noteholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Noteholders or (ciii) upon the Holdings Representatives for the holders of Senior Indebtedness of Holdings Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness of Holdings and other Indebtedness of Holdings, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of Holdings to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of Holdings held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 1 contract
Samples: Wesco International Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 127, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 7.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe 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 127. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness to participate in any payment or distribution pursuant to this Article 127, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 127, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The Trustee shall have the right to seek a declaratory judgment as to any right of such Person to receive such payment. The provisions of Sections 7.01 8.01 and 7.02 8.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 127.
Appears in 1 contract
Samples: Homco Puerto Rico Inc
Trustee Entitled to Rely. Upon any payment or ------------------------ distribution pursuant to this Article 12XII, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 12.2 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Holdings Representatives for the holders of Holdings Guarantor Senior Indebtedness or Senior Indebtedness of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Guarantor Senior Indebtedness or Senior Indebtedness and other Indebtedness of Holdingsthe Company or a 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 12XII. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Guarantor Senior Indebtedness to participate in any payment or distribution pursuant to this Article 12XII, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Guarantor Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12XII, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 7.1 and 7.02 7.2 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12XII.
Appears in 1 contract
Samples: Applied Business Telecommunications
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1211, the Trustee and the Holders of a Subordinated Series shall be entitled to conclusively rely (a1) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to described in Section 12.02 8.02 are pending, (b2) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders of such Subordinated Series or (c2) upon the Holdings Representatives Representatives, if any, for the holders of Holdings Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings the Senior Indebtedness and other Indebtedness of Holdingsthe Issuer or the Guarantors, 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 1211. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness to participate in any payment or distribution pursuant to this Article 1211, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1211, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1211.
Appears in 1 contract
Samples: Graftech International LTD
Trustee Entitled to Rely. Upon any payment or ------------------------ distribution pursuant to this Article 1210, the Trustee and the Holders Noteholders shall be entitled to conclusively rely and be completely protected in acting or refraining from acting (ai) upon any order or decree of a court of competent - jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or -- other Person making such payment or distribution to the Trustee or to the Holders Noteholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior --- Indebtedness of the Company for the purpose of ascertaining (a) the Persons entitled to participate in such payment or distribution, (b) the holders of such Holdings Senior Indebtedness and other Indebtedness of Holdingsthe Company, (c) the amount thereof or payable thereon, (d) the amount or amounts paid or distributed thereon and (e) all other facts pertinent thereto or to this Article 1210. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article 1210, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1210, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 1 contract
Samples: Iron Age Corp
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1213, the Trustee and the Holders Securityholders shall be entitled to conclusively rely (a1) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 13.02 are pending, (b2) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (c3) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch 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 1213. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article 1213, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 1213, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 8.01 and 7.02 8.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 1213.
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Holders Noteholders shall be entitled to conclusively rely (ai) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 are pending, (bii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Holders Noteholders or (ciii) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any STFC Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness indebtedness of Holdingssuch STFC 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 12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Holdings Senior Indebtedness of any STFC Guarantor to participate in any payment or distribution pursuant to this Article 12, the Trustee shall be entitled to may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Holdings Senior Indebtedness of such STFC Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article 12ArticleE12, and, if such evidence is not furnished, the Trustee shall be entitled to may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 7.01 and 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article 12.
Appears in 1 contract
Samples: Indenture (Shared Technologies Inc)
