Common use of Agent Entitled to Rely Clause in Contracts

Agent Entitled to Rely. Upon any payment or distribution pursuant to this Article 8, the Administrative Agent and the Lenders shall be entitled to rely (i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 8.02 are pending, (ii) upon a certificate of the liquidating trustee, agent or other Person making such payment or distribution to the Administrative Agent or to the Lenders or (iii) upon the Representatives for the holders of Senior Indebtedness of the Borrower for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness and other Indebtedness of the Borrower, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 8. In the event that the Administrative Agent determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness of the Borrower to participate in any payment or distribution pursuant to this Article 8, the Administrative Agent may request such Person to furnish evidence to the reasonable satisfaction of the Administrative Agent as to the amount of such 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 8, and, if such evidence is not furnished, the Administrative Agent may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Article 9 shall be applicable to all actions or omissions of actions by the Administrative Agent pursuant to this Article 8.

Agent Entitled to Rely. Upon any payment or distribution pursuant to this Article Section 8, the Administrative Agent and the PIK Lenders shall be entitled to rely (ia) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 8.02 8.2 are pending, (iib) upon a certificate of the liquidating trustee, trustee or agent or other Person making such payment or distribution to the Administrative Agent or to the Lenders or (iiic) upon the Representatives for the holders of Senior Indebtedness of the Borrower for the purpose of ascertaining in writing the Persons entitled to participate in such payment or distribution, the holders of such the Senior Indebtedness and other Indebtedness of the BorrowerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Section 8. In the event that the Administrative Agent determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness of the Borrower to participate in any payment or distribution pursuant to this Article Section 8, the Administrative Agent may request such Person to furnish evidence to the reasonable satisfaction of the Administrative Agent as to the amount of such 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 Section 8, and, if such evidence is not furnished, the Administrative Agent may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Article Section 9 shall be applicable to all actions or omissions of actions by the Administrative Agent pursuant to this Article Section 8.

Agent Entitled to Rely. Upon any payment or distribution pursuant to this Article 8Section 10, the Administrative Agent and the Lenders shall be entitled to rely (i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 8.02 10(b) are pending, (ii) upon a certificate of the liquidating trustee, Administrative Agent or agent or other Person making such payment or distribution to the Administrative Agent or to the Lenders or (iii) upon the Representatives for the holders of Senior Indebtedness of the Borrower any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness and other Indebtedness of the Borrowersuch 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 8Section 10. In the event that the Administrative Agent determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness of the Borrower any Guarantor to participate in any payment or distribution pursuant to this Article 8Section 10, the Administrative Agent may request such Person to furnish evidence to the reasonable satisfaction of the Administrative Agent as to the amount of such 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 8Section 10, and, if such evidence is not furnished, the Administrative Agent may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Article 9 Section 12 of the Senior Subordinated Loan Agreement shall be applicable to all actions or omissions of actions by the Administrative Agent pursuant to this Article 8Section 10.