Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness of any Guarantor and other Indebtedness of 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 Twelve. 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 Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article Twelve, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve, and, if such evidence is not furnished, the Trustee 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 Twelve.
Appears in 7 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveX, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any or Guarantor Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness, Guarantor Senior Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe 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 Twelve. 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 Senior Indebtedness of any or Guarantor Senior Indebtedness to participate in any payment or distribution pursuant to this Article TwelveX, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness of such 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 TwelveX, and, if such evidence is not furnished, the Trustee 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 Twelve.X.
Appears in 7 contracts
Samples: Indenture (International Wire Group Inc), Indenture (Wire Harness Industries Inc), Indenture (Aurora Foods Inc /Md/)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve16, 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 Representatives for the holders of Senior Indebtedness of any Guarantor the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve16. 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 Indebtedness of any Guarantor the Company to participate in any payment or distribution pursuant to this Article Twelve16, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve16, and, if such evidence is not furnished, the Trustee 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 Twelve16.
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 Twelve12, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any a Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any a Subsidiary Guarantor and other Indebtedness of such a 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 Twelve12. 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 Indebtedness of any a Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee 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 Twelve12.
Appears in 5 contracts
Samples: Supplemental Indenture (Dex Media Inc), Supplemental Indenture (Dex Media International Inc), Dex Media West LLC
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of 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 Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve12. 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 Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee 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 Twelve12.
Appears in 5 contracts
Samples: Indenture (Mediq Inc), Indenture (MBS Multimode Inc), Indenture (King Pharmaceuticals Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve10, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any Guarantor the Issuers for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe 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 Twelve10. 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 Indebtedness of any Guarantor either of the Issuers to participate in any payment or distribution pursuant to this Article Twelve10, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve10, and, if such evidence is not furnished, the Trustee 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 Twelve10.
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 Twelve12, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness of 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 Twelve12. 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 Indebtedness of any a Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee may 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 Twelve12.
Appears in 4 contracts
Samples: Indenture (Michaels Stores Inc), Subordinated Notes Indenture (American Tire Distributors Holdings, Inc.), Indenture (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveXI, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives authorized representative, if any, for the holders of 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 Designated Senior Indebtedness of any Guarantor Debt and other Indebtedness Debt of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveXI. 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 Designated Senior Indebtedness Debt of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article TwelveXI, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Designated Senior Indebtedness Debt 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 TwelveXI, and, if such evidence is not furnished, the Trustee 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 TwelveXI. 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 Delaware Inc, Alamosa Holdings Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve3, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of 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 Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve3. 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 Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve3, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve3, and, if such evidence is not furnished, the Trustee 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 Twelve3.
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 Twelve12 or the Intercreditor Deed, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any the Senior Subordinated Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any the Senior Subordinated Subsidiary Guarantor and other Indebtedness of such the 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 Twelve12 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 Senior Indebtedness of any the Senior Subordinated Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve12 or the Intercreditor Deed, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness of such 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 Twelve12 or the Intercreditor Deed, and, if such evidence is not furnished, the Trustee 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 Twelve12 or the Intercreditor Deed.
Appears in 4 contracts
Samples: Indenture (NTL Inc), Virgin Media Inc., NTL:Telewest LLC
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveSixteen, the Trustee and the Holders Noteholders shall be entitled to 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 Representatives for the holders of 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 Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveSixteen. 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 Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article TwelveSixteen, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 TwelveSixteen, and, if such evidence is not furnished, the Trustee may 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 TwelveSixteen.
Appears in 4 contracts
Samples: Supplemental Indenture (Newfield Exploration Co /De/), Second Supplemental Indenture (Newfield Exploration Co /De/), Third Supplemental Indenture (Newfield Exploration Co /De/)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of 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 Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve12. 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 Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee may 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 Twelve12.
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 Twelve12, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any a Guarantor and other Indebtedness of such 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 Twelve12. 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 Indebtedness of any a Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee 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 Twelve12.
Appears in 4 contracts
Samples: Volume Services America Inc, Volume Services America Inc, Volume Services America Holdings Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of 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 Senior Indebtedness of any Guarantor Debt and other Indebtedness Debt of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve12. 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 Indebtedness Debt of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Debt 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 Twelve12, and, if such evidence is not furnished, the Trustee 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 Twelve12.
Appears in 4 contracts
Samples: TOUSA Investment #1, Inc., Technical Olympic Usa Inc, Tousa Delaware Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveII, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any the Parent Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness of such the 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 TwelveII. 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 Indebtedness of any the Parent Guarantor to participate in any payment or distribution pursuant to this Article TwelveII, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 TwelveII, and, if such evidence is not furnished, the Trustee may 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 TwelveII.
Appears in 4 contracts
Samples: Guaranty (Springleaf Holdings, Inc.), Supplemental Indenture (Realogy Corp), Realogy Corp
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any a Note Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any a Note Guarantor and other Indebtedness of such a 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 Twelve12. 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 Indebtedness of any a Note Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee 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 Twelve12.
Appears in 4 contracts
Samples: Semiconductor Components Industries LLC, American Media Operations Inc, Donjoy LLC
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveXII, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of Guarantor Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Guarantor Senior Indebtedness of any Guarantor and other Indebtedness of such each 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 TwelveXII. 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 Guarantor Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article TwelveXII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Guarantor 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 TwelveXII, and, if such evidence is not furnished, the Trustee 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 TwelveXII.
Appears in 3 contracts
Samples: Indenture (Eye Care Centers of America Inc), Indenture (Nebraska Book Co), Indenture (NBC Acquisition Corp)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve18, the Trustee and the Holders Noteholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any a Note Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any a Note Guarantor and other Indebtedness of such a 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 Twelve18. 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 Indebtedness of any a Note Guarantor to participate in any payment or distribution pursuant to this Article Twelve18, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve18, and, if such evidence is not furnished, the Trustee 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 Twelve18.
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 Twelve12, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of 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 Twelve12. 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 Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee may 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 Twelve12.
Appears in 3 contracts
Samples: Indenture (Fs Equity Partners Iii Lp), Cbre Holding Inc, Blum Capital Partners Lp
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve10, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any Guarantor the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve10. 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 Indebtedness of any Guarantor the Company to participate in any payment or distribution pursuant to this Article Twelve10, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve10, and, if such evidence is not furnished, the Trustee 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 Twelve10.
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 TwelveFifteen, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Designated First Lien Indebtedness of any a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior such Designated First Lien Indebtedness of any Guarantor and other Indebtedness of 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 TwelveFifteen. 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 Designated First Lien Indebtedness of any a Guarantor to participate in any payment or distribution pursuant to this Article TwelveFifteen, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Designated First Lien 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 TwelveFifteen, and, if such evidence is not furnished, the Trustee may 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 TwelveFifteen.
Appears in 3 contracts
Samples: Supplemental Indenture (Clearwire Corp /DE), Note Purchase Agreement (Sprint Nextel Corp), Note Purchase Agreement (Clearwire Corp /DE)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveFourteen, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Designated First Lien Indebtedness of any Guarantor the Issuers for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior such Designated First Lien Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe 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 TwelveFourteen. 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 Designated First Lien Indebtedness of any Guarantor the Issuers to participate in any payment or distribution pursuant to this Article TwelveFourteen, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Designated First Lien Indebtedness of such Guarantor 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 TwelveFourteen, and, if such evidence is not furnished, the Trustee may 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 TwelveFourteen.
Appears in 3 contracts
Samples: Supplemental Indenture (Clearwire Corp /DE), Note Purchase Agreement (Sprint Nextel Corp), Note Purchase Agreement (Clearwire Corp /DE)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any a Guarantor and other Indebtedness of such 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 Twelve12. 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 Senior Indebtedness of any a Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee 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 Twelve12.
Appears in 3 contracts
Samples: Indenture (Verso Paper Corp.), Supplemental Indenture (Verso Paper Corp.), Supplemental Indenture (Verso Sartell LLC)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any a Guarantor and other Indebtedness of such 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 Twelve12. 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 Indebtedness of any a Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee 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 Twelve12.
Appears in 3 contracts
Samples: Otelco (Otelco Telecommunications LLC), Otelco (Otelco Inc.), Supplemental Indenture (Brindlee Mountain Telephone Co)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve11, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Designated Senior Indebtedness of any a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Designated Senior Indebtedness of any Guarantor and other Indebtedness of 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 Twelve11. 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 Designated Senior Indebtedness of any a Guarantor to participate in any payment or distribution pursuant to this Article Twelve11, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Designated 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 Twelve11, and, if such evidence is not furnished, the Trustee may 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 Twelve11.
Appears in 3 contracts
Samples: Indenture (Clear Channel Communications Inc), Indenture (CC Media Holdings Inc), Indenture (C C Media Holdings Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve18, 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 Representatives for the holders of Senior Indebtedness of any a Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any a Subsidiary Guarantor and other Indebtedness of such a 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 Twelve18. 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 Indebtedness of any a Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve18, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve18, and, if such evidence is not furnished, the Trustee 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 Twelve18.
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 Twelve12, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of 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 Twelve12. 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 Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee may 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 Twelve12.
Appears in 3 contracts
Samples: Indenture (Cb Richard Ellis Services Inc), Indenture (Koll Donald M), Indenture (Cb Richard Ellis Services Inc)
Trustee Entitled to Rely. Upon any payment or ------------------------ distribution pursuant to this Article TwelveXII, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness Debt of any a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt of any a Guarantor and other Indebtedness Debt of such 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 TwelveXII. 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 Indebtedness Debt of any a Guarantor to participate in any payment or distribution pursuant to this Article TwelveXII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Debt 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 TwelveXII, and, if such evidence is not furnished, the Trustee 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 TwelveXII.
Appears in 2 contracts
Samples: Sailors Inc, Harborside Healthcare Corp
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve, the Trustee and the Holders Noteholders shall be entitled to 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 Representatives for the holders of 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 Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve. 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 Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve, and, if such evidence is not furnished, the Trustee may 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 Twelve.
Appears in 2 contracts
Samples: SHG Holding Solutions Inc, Leasehold Resource Group LLC
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives Representative for the holders of 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 Senior Indebtedness of any Guarantor and other Indebtedness of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve12. 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 Indebtedness of any such Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee 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 Twelve12.
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 Twelve, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness of 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 Twelve. 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 Indebtedness of any a Guarantor to participate in any payment or distribution pursuant to this Article Twelve, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve, and, if such evidence is not furnished, the Trustee may 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 Twelve.
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 Twelve12, 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 Representatives for the holders of 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 Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve12. 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 Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee may 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 Twelve12.
Appears in 2 contracts
Samples: Indenture (Associated Materials, LLC), Purchase Agreement (Amh Holdings, LLC)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveThirteen, the Trustee and the Holders shall be entitled to 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 the Representatives for the holders of Guarantor Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Guarantor Senior Indebtedness of any Guarantor and other Indebtedness of such any 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 TwelveThirteen. 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 Guarantor Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article TwelveThirteen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Guarantor 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 TwelveThirteen, and, if such evidence is not furnished, the Trustee 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 TwelveThirteen.
Appears in 2 contracts
Samples: Indenture (MTS Inc), MTS Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, 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 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 such GuarantorHoldings, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve12. 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 Twelve12, the Trustee may 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 Twelve12, and, if such evidence is not furnished, the Trustee may 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 Twelve12.
Appears in 2 contracts
Samples: Indenture (Domus Holdings Corp), Indenture (Realogy Corp)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveFourteen, the Trustee and the Holders holders of Securities shall be entitled to 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 Representatives for the holders of Senior Indebtedness or upon the holders of any Guarantor 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 the Senior Indebtedness of any Guarantor Indebtedness, and other Indebtedness indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveFourteen. 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 Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article TwelveFourteen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve, Fourteen and, if such evidence is not furnished, the Trustee 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 Twelve.
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 Twelve, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Guarantor Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Guarantor Senior Indebtedness of any Guarantor and other Indebtedness of such any Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve. 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 Guarantor Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article Twelve, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Guarantor 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 Twelve, and, if such evidence is not furnished, the Trustee 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 Twelve.
Appears in 2 contracts
Samples: Indenture (Lin Television Corp), Lin Television Corp
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveXII, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Guarantor Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Guarantor Senior Indebtedness of any Guarantor and other Indebtedness of such each 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 TwelveXII. 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 Guarantor Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article TwelveXII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Guarantor 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 TwelveXII, and, if such evidence is not furnished, the Trustee 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 TwelveXII.
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 TwelveIII, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of Guarantor Senior Indebtedness or Senior Indebtedness of any Guarantor the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Guarantor Senior Indebtedness of any Guarantor or Senior Indebtedness and other Indebtedness of such the 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 TwelveIII. 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 Guarantor Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article TwelveIII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Guarantor 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 TwelveIII, and, if such evidence is not furnished, the Trustee 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 TwelveIII.
Appears in 2 contracts
Samples: NBC Acquisition Corp, Nebraska Book Co
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders Noteholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness of 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 Twelve12. 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 Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee may 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 Twelve12.
Appears in 2 contracts
Samples: Indenture (Tabletop Holdings Inc), Indenture (Merisant Foreign Holdings I Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve11, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of 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 Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve11. 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 Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve11, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve11, and, if such evidence is not furnished, the Trustee may 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 Twelve11.
Appears in 2 contracts
Samples: Indenture (Denbury Resources Inc), Indenture (Encore Acquisition Co)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve, Twelve the Trustee and the Holders shall be entitled to 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 Representatives for Guarantor Senior Obligations Agent or any other proper representative of the holders of the relevant Guarantor Senior Indebtedness of any Guarantor Obligations for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness of any Guarantor and other Indebtedness of 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 Twelve. 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 a relevant Guarantor Senior Indebtedness of any Guarantor Obligations to participate in any payment or distribution pursuant to this Article Twelve, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Guarantor Senior Indebtedness of such Guarantor 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 Twelve, and, if such evidence is not furnished, the Trustee 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 Twelve. 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 Twelve13, the Trustee and the Holders shall be entitled to 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 Agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon a certificate of the Representatives for Representative of the holders of Senior Indebtedness Debt of any Guarantor or, if there is no Representative, the holders of Senior Debt of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness of any Guarantor Debt and other Indebtedness indebtedness of 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 Twelve13. 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 Indebtedness Debt of any Guarantor to participate in any payment or distribution pursuant to this Article Twelve13, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Debt 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 Twelve13, and, if such evidence is not furnished, the Trustee 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 Twelve13.
Appears in 2 contracts
Samples: Jarden Corp, Jarden Corp
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve11, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of 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 Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve11. 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 Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve11, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve11, and, if such evidence is not furnished, the Trustee may 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 Twelve11.
Appears in 2 contracts
Samples: Indenture (Denbury Resources Inc), Indenture (Encore Acquisition Co)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveIII, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any the Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness of such the 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 TwelveIII. 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 Indebtedness of any the Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article TwelveIII, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness of such 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 TwelveIII, and, if such evidence is not furnished, the Trustee may 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 TwelveIII.
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 Twelve11, the Trustee and the Holders shall be entitled to 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 are pending, (b) upon a certificate of the liquidating trustee or agent Agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon a certificate of the Representatives for Representative of the holders of Senior Indebtedness Debt of any Guarantor the Company or, if there is no Representative, the holders of Senior Debt of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness of any Guarantor Debt and other Indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve11. 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 Indebtedness Debt of any Guarantor the Company to participate in any payment or distribution pursuant to this Article Twelve11, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness of such Guarantor 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 Twelve11, and, if such evidence is not furnished, the Trustee 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 Twelve11.
Appears in 2 contracts
Samples: Jarden Corp, Jarden Corp
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders Noteholders shall be entitled to 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 Representatives Representative for the holders of Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of 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 Twelve12. 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 Indebtedness of any such Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee 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 Twelve12.
Appears in 2 contracts
Samples: Indenture (Phoenix Md Realty LLC), Indenture (Susquehanna Media Co)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveSixteen, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of 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 TwelveSixteen. 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 Indebtedness of any a Guarantor to participate in any payment or distribution pursuant to this Article TwelveSixteen, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 TwelveSixteen, and, if such evidence is not furnished, the Trustee may 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 TwelveSixteen.
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 Twelve15, 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 Representatives for the holders of Senior Indebtedness of any Guarantor the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve15. 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 Indebtedness of any Guarantor the Company to participate in any payment or distribution pursuant to this Article Twelve15, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve15, and, if such evidence is not furnished, the Trustee 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 Twelve15.
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 Twelve10, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any Guarantor the Issuers for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe 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 Twelve10. 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 Indebtedness of any Guarantor the Issuers to participate in any payment or distribution pursuant to this Article Twelve10, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve10, and, if such evidence is not furnished, the Trustee may 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 Twelve10.
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 Twelve10, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any Guarantor Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any Guarantor Debt and other Indebtedness Debt of such the 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 Twelve10. 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 Senior Indebtedness of any Guarantor Debt to participate in any payment or distribution pursuant to this Article Twelve10, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness of such Guarantor 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 Twelve10, and, if such evidence is not furnished, the Trustee 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 Twelve10.
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 Twelve12, the Trustee and the Holders Securityholders shall be entitled to rely conclusively (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 Representatives for the holders of Senior Indebtedness of any a Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any a Subsidiary Guarantor and other Indebtedness of such a 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 Twelve12. 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 Indebtedness of any a Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee 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 Twelve12.
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 Twelve13, 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 Representatives for the holders of Designated Senior Indebtedness of any guaranteed by a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Designated Senior Indebtedness of any Guarantor and other Indebtedness of guaranteed 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 Twelve13. 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 Designated Senior Indebtedness of any guaranteed by a Guarantor to participate in any payment or distribution pursuant to this Article Twelve13, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Designated 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 Twelve13, and, if such evidence is not furnished, the Trustee may 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 Twelve13.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Boart Longyear Suisse Sarl), Fourth Supplemental Indenture (Boart Longyear LTD)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any a Guarantor and other Indebtedness of such 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 Twelve12. 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 Indebtedness of any a Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee 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 9.01 and 7.02 9.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article Twelve12.
Appears in 2 contracts
Samples: Indenture (Broadwing Communications Inc), Indenture (Broadwing Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, 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 Representatives for the holders of Designated Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Designated Senior Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve12. 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 Designated Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Designated 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 Twelve12, and, if such evidence is not furnished, the Trustee may 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 Twelve12.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Boart Longyear Suisse Sarl), Fourth Supplemental Indenture (Boart Longyear LTD)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveXV, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness of any Guarantor and other Indebtedness of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveXV. 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 Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article TwelveXV, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 TwelveXV, and, if such evidence is not furnished, the Trustee 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 TwelveXV.
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 TwelveFourteen, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any Guarantor the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveFourteen. 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 Indebtedness of any Guarantor the Company to participate in any payment or distribution pursuant to this Article TwelveFourteen, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 TwelveFourteen, and, if such evidence is not furnished, the Trustee may 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 TwelveFourteen.
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 TwelveXII, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveXII. 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 Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article TwelveXII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 TwelveXII, and, if such evidence is not furnished, the Trustee 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 TwelveXII.
Appears in 2 contracts
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness of 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 Twelve12. 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 Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee may 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 Twelve12.
Appears in 2 contracts
Samples: United Surgical Partners International Inc, Medical Documenting Systems Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveXI, the Trustee and the Holders holders of the Guarantees shall be entitled to 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 Representatives for the holders of Designated Senior Indebtedness of any a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Designated Senior Indebtedness of any Guarantor and other Indebtedness of 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 TwelveXI. 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 Designated Senior Indebtedness of any a Guarantor to participate in any payment or distribution pursuant to this Article TwelveXI, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Designated 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 TwelveXI, and, if such evidence is not furnished, the Trustee may 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 TwelveXI.
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 Twelve10, the Trustee and the Holders Securityholders shall be entitled to rely (a) upon any final non-appealable 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 Representatives for the holders of Senior Credit Facility Indebtedness of any or Guarantor Credit Facility Indebtedness for the purpose of ascertaining the Persons which Representative is entitled to participate in such payment or distribution, the holders of Senior Indebtedness of any Guarantor and other Indebtedness amount of such Guarantor, the amount thereof Credit Facility Indebtedness or Guarantor Credit Facility Indebtedness or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve10. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person which Representative as a holder agent of Senior Credit Facility Indebtedness of any or Guarantor Credit Facility Indebtedness to participate in any payment or distribution pursuant to this Article Twelve10, the Trustee may shall be entitled to request such Person the Representatives to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Credit Facility Indebtedness or Guarantor Credit Facility Indebtedness due to the Representative on behalf of such Guarantor held by such PersonLenders (as defined in the credit Facility), the extent to which such Person each Representative is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person each Representative under this Article Twelve10, and, if such evidence is not furnished, the Trustee may shall be entitled to defer any payment to such Person each Representative pending judicial determination as to the right of such Person each Representative 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 Twelve.10
Appears in 2 contracts
Samples: Indenture (International Wire Group Inc), International Wire Rome Operations, Inc.
Trustee Entitled to Rely. Upon any payment or ------------------------ distribution pursuant to this Article TwelveXII, the Trustee and the Holders Noteholders shall be entitled to 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 Representatives Representative for the holders of 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 Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of such 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 TwelveXII. 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 Indebtedness of any such Note Guarantor to participate in any payment or distribution pursuant to this Article TwelveXII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 TwelveXII, and, if such evidence is not furnished, the Trustee 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 TwelveXII.
Appears in 2 contracts
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveXII, the Trustee and the Holders shall be entitled to 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 Representatives Representative for the holders of Senior Indebtedness of any Guarantor Restricted Subsidiary for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of such GuarantorRestricted 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 TwelveXII. 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 Indebtedness of any Guarantor such Restricted Subsidiary to participate in any payment or distribution pursuant to this Article TwelveXII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness of such Guarantor 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 TwelveXII, and, if such evidence is not furnished, the Trustee 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 TwelveXII.
Appears in 2 contracts
Samples: Indenture (Inmobiliaria Montes Urales 460 S a De C V), Indenture (Iusacell S a De C V)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveEighteen, the Trustee and the Holders shall be entitled to 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 1802 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 upon a notice from the holders or Representatives (cif any) upon the Representatives for the holders of Guarantor Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of 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 TwelveEighteen. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself or herself, as the case may be, to be a holder of Guarantor Senior Indebtedness or Designated Guarantor Senior Indebtedness (or a Representative therefor) to establish that such notice has been give by a holder of Guarantor Senior Indebtedness or Designated Guarantor Senior Indebtedness (or a Representative therefor). 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 Guarantor Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article TwelveEighteen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Guarantor 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 TwelveEighteen, and, if such evidence is not furnished, the Trustee 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 Section 602 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article TwelveEighteen.
Appears in 1 contract
Samples: Reconciliation And (Williams Partners Finance Corp)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders Securityholders shall be entitled to 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 Security holders or (ciii) upon the Representatives for the holders of 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 Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve12. 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 Indebtedness of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee 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 Twelve12.
Appears in 1 contract
Samples: Interactive Media Corp
Trustee Entitled to Rely. Upon any payment or ------------------------ distribution pursuant to this Article Twelve12, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any a Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any a Subsidiary Guarantor and other Indebtedness of such a 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 Twelve12. 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 Indebtedness of any a Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee 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 Twelve12.
Appears in 1 contract
Samples: Armkel LLC
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders shall be entitled to 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 Representatives for Representative of the holders of Senior Indebtedness or, if there is no Representative, the holders of any Guarantor Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve12. 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 Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve11, and, if such evidence is not furnished, the Trustee 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 Twelve12.
Appears in 1 contract
Samples: Pilgrims Pride Corp
Trustee Entitled to Rely. Upon any payment or ------------------------- distribution pursuant to this Article TwelveXII, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of Designated Senior Indebtedness of any a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Designated Senior Indebtedness of any such Guarantor and other Indebtedness of such 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 TwelveXII. 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 Designated Senior Indebtedness of any a Guarantor to participate in any payment or distribution pursuant to this Article TwelveXII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Designated 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 TwelveXII, and, if such evidence is not furnished, the Trustee 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 TwelveXII.
Appears in 1 contract
Samples: Eagle Family Foods Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve17, the Second-Priority Trustee and the Holders shall be entitled to 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 1702 hereof are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Second-Priority Trustee or to the Holders or (c) upon the Representatives for the holders of Senior Designated First Lien Indebtedness of any a Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior such Designated First Lien Indebtedness of any Guarantor and other Indebtedness of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve17. In the event that the Second-Priority Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Designated First Lien Indebtedness of any a Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve17, the Second-Priority Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Second-Priority Trustee as to the amount of such Senior Designated First Lien 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 Twelve17, and, if such evidence is not furnished, the Second-Priority Trustee may 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 Second-Priority Trustee pursuant to this Article Twelve17.
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve18, the Trustee and the Holders Noteholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any Guarantor Lenders and the Counterparties for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the Lenders and the Counterparties and other holders of Senior Indebtedness of any Guarantor and other Indebtedness of such a 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 Twelve18. 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 Indebtedness of any Guarantor Lender or a Counterparty to participate in any payment or distribution pursuant to this Article Twelve18, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of amounts owing to such Person under the Senior Indebtedness of such Guarantor held by such PersonCredit Facility or Hedging Obligation, 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 Twelve18, and, if such evidence is not furnished, the Trustee 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 Twelve18.
Appears in 1 contract
Samples: Indenture (Alaska Communications Systems Group Inc)
Trustee Entitled to Rely. Upon any payment or ------------------------ distribution pursuant to this Article Twelve14, the Trustee and the Holders shall be ---------- entitled to 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 1402 ------------ 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 Representatives for the holders of Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe 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 Twelve14. 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 Indebtedness of any Guarantor to 123 participate in any payment or distribution pursuant to this Article Twelve14, the ---------- Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve14, and, if such evidence is not furnished, the Trustee 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 Twelve.14. ----------
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives Representative for the holders of Senior Indebtedness of any Guarantor DRI for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of such GuarantorDRI, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve12. 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 Indebtedness of any Guarantor DRI to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness of such Guarantor DRI 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 Twelve12, and, if such evidence is not furnished, the Trustee 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 Twelve.12. 111 102
Appears in 1 contract
Samples: Indenture (Denbury Management Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve14, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness of 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 Twelve14. 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 Indebtedness of any a Guarantor to participate in any payment or distribution pursuant to this Article Twelve14, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve14, and, if such evidence is not furnished, the Trustee may 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 7.02 602 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article Twelve14.
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve13, the Trustee and the Holders shall be entitled to 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 Representatives for Representative of 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 Senior Indebtedness of any Guarantor and other Indebtedness of 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 Twelve13. 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 Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article Twelve13, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve13, and, if such evidence is not furnished, the Trustee 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 Twelve13.
Appears in 1 contract
Samples: Pilgrims Pride Corp
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve17, 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 17.02 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 Representatives for the holders of Senior Indebtedness of any a Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any a Subsidiary Guarantor and other Indebtedness of such a 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 Twelve17. 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 Indebtedness of any a Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve17, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve17, and, if such evidence is not furnished, the Trustee 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 Twelve17.
Appears in 1 contract
Samples: Indenture (Alliant Techsystems Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve14, the Trustee and the Holders Securityholders shall be entitled to 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 14.02 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 Representatives for the holders of 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 Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve14. 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 Indebtedness of any Subsidiary Guarantor to 111 120 participate in any payment or distribution pursuant to this Article Twelve14, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve14, and, if such evidence is not furnished, the Trustee may 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 Twelve14.
Appears in 1 contract
Samples: Indenture (GSV Inc /Fl/)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12 or the Intercreditor Deed, the Trustee and the Holders shall be entitled to 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 Guarantors and their 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 Representatives for the holders of Senior Indebtedness of any Guarantor the Senior Subordinated Subsidiary Guarantors for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any Guarantor the Senior Subordinated Subsidiary Guarantors and other Indebtedness of such Guarantorthe Senior Subordinated 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 Twelve12 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 Senior Indebtedness of any Guarantor the Senior Subordinated Subsidiary Guarantors to participate in any payment or distribution pursuant to this Article Twelve12 or the Intercreditor Deed, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness of such Guarantor the Senior Subordinated Subsidiary Guarantors 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 Twelve12 or the Intercreditor Deed, and, if such evidence is not furnished, the Trustee 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 Twelve12 or the Intercreditor Deed.
Appears in 1 contract
Samples: Indenture (Virgin Media Inc.)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of each Guarantor's Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Guarantor Senior Indebtedness and other Indebted ness of any Guarantor and other Indebtedness of such 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 Twelve. 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 a Guarantor's Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article Twelve, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Guarantor's 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 Twelve, and, if such evidence is not furnished, the Trustee 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 Twelve.
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness Debt of Holdings, the Company or any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor Debt and other Indebtedness indebtedness of Holdings, the Company or such GuarantorGuarantor (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 Twelve12. 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 Indebtedness Debt of Holdings, the Company or any Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Debt of Holdings, the Company or such 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 Twelve12, and, if such evidence is not furnished, the Trustee may 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 Twelve12.
Appears in 1 contract
Samples: TransDigm Group INC
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveX, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any or Subsidiary Guarantor Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness, Subsidiary Guarantor Senior Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe 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 Twelve. 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 Senior Indebtedness of any or Subsidiary Guarantor Senior Indebtedness to participate in any payment or distribution pursuant to this Article TwelveX, the 88 81 Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness of such or Subsidiary 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 TwelveX, and, if such evidence is not furnished, the Trustee 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 Twelve.X.
Appears in 1 contract
Samples: Ero Marketing Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any a Guarantor and other Indebtedness of such 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 Twelve12. 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 Indebtedness of any a Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve12, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such TRDOCS01/76765.8 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 Twelve12.
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveXVI, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior the Schering Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior the Schering Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveXVI. 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 the Schering Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article TwelveXVI, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior the Schering 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 TwelveXVI, and, if such evidence is not furnished, the Trustee 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 TwelveXVI.
Appears in 1 contract
Samples: Indenture (Epix Medical Inc)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve18, the Trustee and the Holders Noteholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any Guarantor Lenders and the Counterparties for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the Lenders and the Counterparties and other holders of Senior Indebtedness of any Guarantor and other Indebtedness of such a 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 Twelve18. 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 Indebtedness of any Guarantor Lender or a Counterparty to participate in any payment or distribution pursuant to this Article Twelve18, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of amounts owing to such Senior Indebtedness of such Guarantor held by such PersonPerson under the Bank Credit Facility or Hedging Obligation, 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 Twelve18, and, if such evidence is not furnished, the Trustee 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 Twelve18.
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders shall be entitled to 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 Agent or other Person making such payment or distribution to the Trustee or to the Holders or (c) upon a certificate of the Representatives for Representative of the holders of Senior Indebtedness Debt of any Guarantor or, if there is no Representative, the holders of Senior Debt of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness of any Guarantor Debt and other Indebtedness indebtedness of 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 Twelve12. 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 Indebtedness Debt of any Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Debt 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 Twelve12, and, if such evidence is not furnished, the Trustee 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 Twelve12.
Appears in 1 contract
Samples: Supplemental Indenture (Jarden Corp)
Trustee Entitled to Rely. Upon any payment or ------------------------- distribution pursuant to this Article TwelveXII, the Trustee and the Holders shall be entitled to 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 83 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 Representatives for the holders of Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveXII. 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 Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article TwelveXII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 TwelveXII, and, if such evidence is not furnished, the Trustee 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 TwelveXII.
Appears in 1 contract
Samples: Vintage Petroleum Capital I
Trustee Entitled to Rely. Upon any payment or ------------------------ distribution pursuant to this Article TwelveX, so long as the provisions of this Article X have been brought to the attention of the court, tribunal, Custodian or other Person making the payment or distribution, the Trustee and the Holders Securityholders shall be entitled to rely upon (ai) upon any order or decree of a entered by any 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 Custodian or other Person making such payment or distribution to the Trustee or to the Holders Securityholders or (ciii) upon the Representatives for the holders of Senior Indebtedness of any Guarantor Indebtedness, in each case for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve. 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 Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article TwelveX, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 TwelveX, and, if such evidence is not furnished, the Trustee 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 Twelve.X.
Appears in 1 contract
Samples: Indenture (Dan River Inc /Ga/)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveXII, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness Debt of any a Note Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness Debt of any such Note Guarantor and other Indebtedness of such 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 TwelveXII. 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 Indebtedness Debt of any a Note Guarantor to participate in any payment or distribution pursuant to this Article TwelveXII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Debt 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 TwelveXII, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The Trustee shall be entitled to conclusively rely on the delivery to it of a written notice by a person representing itself to be a holder of Senior Debt or a Representative (or a trustee, fiduciary or agent therefor) to establish that such notice has been given by a holder of Senior Debt or a Representative (or a trustee, fiduciary or agent therefor). 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 TwelveXII.
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders shall be entitled to 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 Representatives for Representative of 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 Senior Indebtedness Debt of any Guarantor and other Indebtedness Debt of 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 Twelve12. 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 Indebtedness Debt of any Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Debt 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 Twelve12, and, if such evidence is not furnished, the Trustee 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 Section 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article Twelve12.
Appears in 1 contract
Samples: Monitoring and Oversight Agreement (S&c Holdco 3 Inc)
Trustee Entitled to Rely. Upon any payment or ------------------------- distribution pursuant to this Article TwelveX, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any Guarantor the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve. 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 Senior Indebtedness of any Guarantor the Company to participate in any payment or distribution pursuant to this Article TwelveX, the Trustee may request such Person to furnish evidence (which evidence may include an Officers' Certificate from the Company) to the reasonable satisfaction of the Trustee as to the amount of such 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 TwelveX, and, if such evidence is not furnished, the Trustee 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 Twelve.X.
Appears in 1 contract
Samples: Eagle Family Foods Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveXII, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness of 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 TwelveXII. 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 Indebtedness of any a Guarantor to participate in any payment or distribution pursuant to this Article TwelveXII, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 TwelveXII, and, if such evidence is not furnished, the Trustee may 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 TwelveXII.
Appears in 1 contract
Samples: Senior Subordinated Notes Indenture (ASC Acquisition LLC)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of Parent or any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness indebtedness of Parent or such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve12. 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 Indebtedness of Parent or any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness of Parent or 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 Twelve12, and, if such evidence is not furnished, the Trustee may 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 Twelve12.
Appears in 1 contract
Samples: Indenture (Brand Services)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve11, the Trustee and the Holders shall be entitled to 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 or (ciii) upon the Representatives for the holders of Senior Indebtedness of any a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any a Guarantor and other Indebtedness of such 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 Twelve11. 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 Indebtedness of any a Guarantor to participate in any payment or distribution pursuant to this Article Twelve11, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Guarantor 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 Twelve11, and, if such evidence is not furnished, the Trustee 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 Twelve11.
Appears in 1 contract
Samples: Indenture (American Seafoods Corp)
Trustee Entitled to Rely. Upon any ------------------------ payment or distribution pursuant to this Article Twelve10, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any Guarantor and other Indebtedness of such the Company or any Note 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 Twelve10. 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 Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article Twelve10, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve10, and, if such evidence is not furnished, the Trustee 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 Twelve10.
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveArticle, the Trustee and the Holders shall be entitled to 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, receiver, trustee in bankruptcy or agent or other Person making such payment or distribution to the Trustee or to the Holders or (ciii) upon the Representatives for the holders of Senior Indebtedness of the Company or such holders if there is no Representative with respect to any Guarantor Senior Indebtedness of the Company, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness of any Guarantor the Company and other Indebtedness of such GuarantorIndebtedness, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveArticle. 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 Indebtedness of any Guarantor the Company to participate in any payment or distribution pursuant to this Article TwelveArticle, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 TwelveArticle, and, if such evidence is not furnished, the Trustee 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 7.02 and 7.02 7.03 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article TwelveArticle.
Appears in 1 contract
Samples: Wiser Marketing Co
Trustee Entitled to Rely. Upon any payment or ------------------------ distribution pursuant to this Article Twelve10, the Trustee and the Holders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any Guarantor the Company or Sub Co-Issuer for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe Company and Sub Co-Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve10. 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 Indebtedness of any Guarantor the Company or Sub Co-Issuer to participate in any payment or distribution pursuant to this Article Twelve10, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve10, and, if such evidence is not furnished, the Trustee 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 Twelve10.
Appears in 1 contract
Samples: Armkel LLC
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve12, the Trustee and the Holders shall be entitled conclusively to 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 Representatives for the holders of 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 Senior Indebtedness of any Guarantor Debt and other Indebtedness Debt of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve12. 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 Indebtedness Debt of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article Twelve12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Debt 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 Twelve12, and, if such evidence is not furnished, the Trustee 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 Twelve12.
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve10, the Trustee and the Holders Noteholders shall be entitled to 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 Noteholders or (ciii) upon the Representatives Representative for the holders of Senior Indebtedness of any Guarantor the Issuer for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness of any Guarantor and other Indebtedness of such Guarantorthe Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve10. 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 Indebtedness of any Guarantor the Issuer to participate in any payment or distribution pursuant to this Article Twelve10, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such 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 Twelve10, and, if such evidence is not furnished, the Trustee 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 Twelve10.
Appears in 1 contract
Samples: Indenture (Phoenix Md Realty LLC)
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this ------------------------ Article TwelveXII, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness Debt of any a Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt of any a Guarantor and other Indebtedness Debt of such 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 TwelveXII. 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 Indebtedness Debt of any a Guarantor to participate in any payment or distribution pursuant to this Article TwelveXII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Debt 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 TwelveXII, and, if such evidence is not furnished, the Trustee 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 TwelveXII.
Appears in 1 contract
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveFifteen, the Trustee and the Holders shall be entitled to 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 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 Representatives authorized representative, if any, for the holders of 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 Designated Senior Indebtedness of any Guarantor Debt and other Indebtedness Debt of such Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveFifteen. 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 Designated Senior Indebtedness Debt of any Subsidiary Guarantor to participate in any payment or distribution pursuant to this Article TwelveFifteen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Designated Senior Indebtedness Debt 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 TwelveFifteen, and, if such evidence is not furnished, the Trustee 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 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article TwelveFifteen. Notwithstanding anything to the contrary contained in this Section 1512, the provisions of this Section 1512 shall not change, modify or otherwise affect the rights of the holders of Designated Senior Debt.
Appears in 1 contract
Samples: General Media Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article TwelveXII, the Trustee and the Holders Securityholders shall be entitled to 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 Representatives for the holders of Senior Indebtedness of any a Guarantor Subsidiary for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any a Guarantor Subsidiary and other Indebtedness of such Guarantora Guarantor 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 TwelveXII. 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 Indebtedness of any a Guarantor Subsidiary to participate in any payment or distribution pursuant to this Article TwelveXII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness of such Guarantor Subsidiary held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts 107 99 pertinent to the rights of such Person under this Article TwelveXII, and, if such evidence is not furnished, the Trustee 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 TwelveXII.
Appears in 1 contract
Samples: Richmont Marketing Specialists Inc
Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Twelve11, the Trustee and the Holders shall be entitled to 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 11.04 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, or (ciii) upon the Representatives for the holders of Senior Indebtedness of any Guarantor Subsidiary Guarantors for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any Guarantor Subsidiary Guarantors and other Indebtedness of such Guarantorthe 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 Twelve11. 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 Indebtedness of any Guarantor Subsidiary Guarantors to participate in any payment or distribution pursuant to this Article Twelve11, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness of such Guarantor Subsidiary Guarantors 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 Twelve11, and, if such evidence is not furnished, the Trustee 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 Twelve11.
Appears in 1 contract
