Common use of Distribution or Notice to Representative Clause in Contracts

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Obligations, the distribution may be made and the notice given to their representative in accordance with the terms of the instrument or other agreement governing such Senior Obligations. Upon any payment or distribution of assets of the Company referred to in this Article 10, the Trustee and the Holders will be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Obligations and other obligations 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 10.

Appears in 9 contracts

Samples: Contingent Value Rights Agreement (Bristol Myers Squibb Co), Contingent Value Rights Agreement (Bristol Myers Squibb Co), Contingent Value Rights Agreement (Bristol Myers Squibb Co)

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Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior ObligationsDebt, the distribution may be made and the notice given to their representative in accordance with the terms of the instrument or other agreement governing such Senior ObligationsRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 1011, the Trustee and the Holders will holders of Convertible Subordinated Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative Representative or of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to the Holders holders of Convertible Subordinated Notes for the purpose of ascertaining the Persons persons entitled to participate in such distribution, the holders of the Senior Obligations Debt and other obligations 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 1011.

Appears in 4 contracts

Samples: Indenture (Amkor Technology Inc), Indenture (Vlsi Technology Inc), Indenture (Praegitzer Industries Trust I)

Distribution or Notice to Representative. Whenever a distribution Distribution is to be made or a notice given to holders of Senior ObligationsIndebtedness, the distribution Distribution may be made and the notice given to their representative in accordance with the terms of the instrument or other agreement governing such Senior ObligationsRepresentative. Upon any payment Payment or distribution Distribution of assets of the Company referred to in this Article 10, the Trustee and the Holders will of Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative Representative or of the liquidating trustee or agent or other Person making any distribution Distribution to the Trustee or to the Holders of Notes for the purpose of ascertaining the Persons entitled to participate in such distributionDistribution, the holders of the Senior Obligations Indebtedness and other obligations 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 10.

Appears in 3 contracts

Samples: Nextwave Personal Communications Inc, Nextwave Personal Communications Inc, Nextwave Personal Communications Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior ObligationsDebt, the distribution may be made and the notice given to their representative in accordance with the terms of the instrument or other agreement governing such Senior ObligationsRepresentative(s). Upon any payment or distribution of assets of the Company referred to in this Article 1011, the Trustee and the Holders will holders of Convertible Subordinated Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative Representative or of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to the Holders holders of Convertible Subordinated Notes for the purpose of ascertaining the Persons persons entitled to participate in such distribution, the holders of the Senior Obligations Debt and other obligations 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 1011.

Appears in 3 contracts

Samples: Indenture (School Specialty Inc), School Specialty (School Specialty Inc), Cke Restaurants Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Obligations, the distribution may be made and the notice given to their representative such holders’ representatives in accordance with the terms of the instrument or other agreement governing such Senior Obligations. Upon any payment or distribution of assets of the Company referred to in this Article 10, the Trustee and the Holders will be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Obligations and other obligations 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 10.

Appears in 3 contracts

Samples: Contingent Value Rights Agreement (Akorn Inc), Contingent Value Rights Agreement (Akorn Inc), Contingent Value Rights Agreement (Akorn Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior ObligationsDebt of the Company, the distribution may be made and the notice given to their representative in accordance with the terms of the instrument or other agreement governing such Senior ObligationsRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 10, the Trustee and the Holders will of Senior Subordinated Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative Representative or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders of Senior Subordinated Notes for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Obligations Debt and other obligations 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 10.

Appears in 2 contracts

Samples: Supplemental Indenture (Plainwell Inc), Indenture (Fonda Group Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior ObligationsDebt, the distribution may be made and the notice given to their representative in accordance with the terms of the instrument or other agreement governing such Senior ObligationsRepresentative. Upon any payment or distribution of assets of the Company Issuers referred to in this Article 10, the Trustee and the Holders will of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative Representative or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders of the Notes for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Obligations Debt and other obligations Indebtedness of the CompanyIssuers, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 10.

Appears in 2 contracts

Samples: Indenture (Foamex International Inc), Indenture (Foamex Capital Corp)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Obligations, Debt of the Company the distribution may be made and the notice given to their representative in accordance with the terms of the instrument or other agreement governing such Senior ObligationsRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 10, the Trustee and the Holders will of Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative Representative or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders of Notes for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Obligations Debt of the Company and other obligations 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 10.

Appears in 2 contracts

Samples: Indenture (Holmes Products Corp), Indenture (Holmes Products Corp)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Obligations, Debt of the Issuers the distribution may be made and the notice given to their representative in accordance with the terms of the instrument or other agreement governing such Senior ObligationsRepresentative. Upon any payment or distribution of assets of the Company either Issuer referred to in this Article 10, the Trustee and the Holders will of Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative Representative or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders of Notes for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Obligations Debt of the Issuers and other obligations Indebtedness of the CompanyIssuers, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 10.

Appears in 1 contract

Samples: Unicco Service Co

Distribution or Notice to Representative. Whenever any Person is to make a distribution is to be made or give a notice given to holders of Senior ObligationsIndebtedness of the Company, the such Person shall be entitled to make such distribution may be made and the or give such notice given to their representative in accordance with the terms of the instrument or other agreement governing such Senior ObligationsRepresentative (if any). Upon any payment or distribution of assets of the Company referred to in this Article 10, the Trustee and the Holders will be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative Representative or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Obligations Indebtedness and other obligations 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 10.

Appears in 1 contract

Samples: Indenture (Westborn Service Center, Inc.)

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Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior ObligationsDebt, the distribution may be made and the notice given to their representative in accordance with the terms of the instrument or other agreement governing such Senior ObligationsRepresentative. Upon any payment or distribution of assets of the Company Issuer referred to in this Article 10, the Trustee and the Holders will of Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative Representative(s) or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders of Notes for the purpose of ascertaining the Persons entitled to participate in such distribution, the all holders of the Senior Obligations Debt and other obligations Indebtedness of the CompanyIssuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 10.

Appears in 1 contract

Samples: Petco Animal Supplies Inc

Distribution or Notice to Representative. Whenever a ---------------------------------------- distribution is to be made or a notice given to holders of any Senior ObligationsIndebtedness, the distribution may be made and the notice given to their representative in accordance with the terms of the instrument trustee or other agreement governing such Senior Obligationsrepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 1011, the Trustee and the Holders will of Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative representative(s) or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders for the purpose of ascertaining the Persons entitled to participate in such distribution, the all holders of the Senior Obligations Indebtedness and other obligations 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 1011.

Appears in 1 contract

Samples: Asyst Technologies Inc /Ca/

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior ObligationsIndebtedness of Holdings, the distribution may be made and the notice given to their representative in accordance with the terms of the instrument or other agreement governing such Senior ObligationsRepresentative. Upon any payment or distribution of assets of the Company Holdings referred to in this Article 10, the Trustee and the Holders will of Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative Representative or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders of Notes for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Obligations Indebtedness of Holdings and other obligations Indebtedness of the CompanyHoldings, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 10.

Appears in 1 contract

Samples: Amsc Acquisition Co Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior ObligationsDebt, the distribution may be made and the notice given to their representative in accordance with the terms of the instrument or other agreement governing such Senior ObligationsRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 10, the Subordinated Debenture Trustee and the Holders will shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative Representative or of the liquidating trustee or agent or other Person making any distribution to the Subordinated Debenture Trustee or to the Holders for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Obligations Debt and other obligations 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 10.

Appears in 1 contract

Samples: Vegeterian Times Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior ObligationsIndebtedness, the distribution may be made and the notice given to their representative in accordance with the terms of the instrument or other agreement governing such Senior Obligationsrepresentative, if any. Upon any payment or distribution of assets of the Company referred to in this Article 10, the Trustee and the Holders will of Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative representative, if any, or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders of Notes for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Obligations Indebtedness and other obligations 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 10.

Appears in 1 contract

Samples: Personal Care Holdings Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Obligations, the distribution may be made and the notice given to their representative in accordance with the terms of the instrument or other agreement governing such Senior Obligations. Upon any payment or distribution of assets of the Company referred to in this Article 10, the Trustee and the Holders will be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Obligations and other obligations 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 A rticle 10.

Appears in 1 contract

Samples: Contingent Value Rights Agreement

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