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 any Senior Indebtedness, the distribution may be made and the notice given to their representative. Upon any payment or distribution of assets of the Company referred to in this Article 11, the Trustee and the Holders 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(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, all holders of the Senior Indebtedness 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 11.

Appears in 4 contracts

Samples: Indenture (Vector Group LTD), Indenture (Province Healthcare Co), Indenture (Regeneron Pharmaceuticals 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 IndebtednessDebt, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 11XI, the Trustee and the Holders holders of Convertible Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative(s) 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 Notes for the purpose of ascertaining the Persons persons entitled to participate in such distribution, all the holders of the Senior Indebtedness Debt and other Indebtedness 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 11XI.

Appears in 4 contracts

Samples: Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp), LTX-Credence Corp

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt of the Company, the distribution may be made and the notice given to their representative. Upon any payment or distribution of assets of the Company referred to in this Article 1110, the Trustee and the Holders of the Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative(s) 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, all the holders of the Senior Indebtedness Debt 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 1110.

Appears in 4 contracts

Samples: Indenture (Vail Resorts Inc), Indenture (Vail Resorts Inc), Indenture (GHTV Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior Indebtedness, the distribution may be made and the notice given to their representativerepresentative(s). Upon any payment or distribution of assets of the Company referred to in this Article 1114, the Trustee and the Holders of Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative(s) representative or of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to the Holders of Securities for the purpose of ascertaining the Persons persons entitled to participate in such distribution, all the holders of the Senior Indebtedness and other Indebtedness 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 1114.

Appears in 4 contracts

Samples: First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior Indebtedness, the distribution may be made and the notice given to their trustee or representative. Upon any payment or distribution of assets of the Company referred to in this Article 11, the Trustee and the Holders 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(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, all holders of the Senior Indebtedness 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 11.

Appears in 4 contracts

Samples: Indenture (Finisar Corp), Indenture (Profit Recovery Group International Inc), Indenture (Veeco Instruments Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativethe Representative of such Senior Debt. Upon any payment or distribution of assets of the Company referred to in this Article 11X, the Trustee and the Holders 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(s) 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, all the holders of the Senior Indebtedness Debt 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 11.X.

Appears in 3 contracts

Samples: Indenture (Tesoro Alaska Co), Indenture (Tesoro Alaska Co), Victory Finance Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company or the Guarantors referred to in this Article 11, the Trustee and the Holders 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(s) 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, all the holders of the Senior Indebtedness Debt and other Indebtedness of the CompanyCompany and the 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 11.

Appears in 3 contracts

Samples: Indenture (Neomarkers Inc), Genesis Healthcare Corp, Neighborcare Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior Indebtedness, the distribution may be made and the notice given to their representativeRepresentative(s). Upon any payment or distribution of assets of the Company referred to in this Article 11, the Trustee and the Holders holders 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(s) Representative or of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to the Holders holders of Notes for the purpose of ascertaining the Persons persons entitled to participate in such distribution, all the holders of the Senior Indebtedness and other Indebtedness 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 11.

Appears in 3 contracts

Samples: Indenture (Agere Systems Inc), Indenture (Agere Systems Inc), Indenture (Agere Systems Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company Issuer referred to in this Article 11, the Trustee and the Holders 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(s) 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, all the holders of the Senior Indebtedness Debt and other 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 11.

Appears in 2 contracts

Samples: Indenture (Amf Bowling Worldwide Inc), Amf Bowling Worldwide Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representative. Upon any payment or distribution of assets of the Company Guarantor referred to in this Article 11Thirteen, the Trustee and the Holders of Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative(s) representative or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders of Securities for the purpose of ascertaining the Persons entitled to participate in such distribution, all the holders of the Senior Indebtedness Debt and other Indebtedness of the CompanyGuarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 11Thirteen.

Appears in 2 contracts

Samples: Cihc Inc, Cihc Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company Issuer referred to in this Article 1113, the Trustee and the Holders 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(s) 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, all the holders of the Senior Indebtedness Debt and other 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 1113.

Appears in 2 contracts

Samples: Indenture (Amf Bowling Worldwide Inc), Amf Bowling Worldwide Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior Indebtedness, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 11Eight, the Trustee and the Holders 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(s) 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, all the holders of the Senior Indebtedness 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 11Eight.

Appears in 2 contracts

Samples: Entercom Communications Corp, Entercom Radio LLC

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 11XI, the Trustee and the Holders holders of Convertible 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(s) 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 Notes for the purpose of ascertaining the Persons persons entitled to participate in such distribution, all the holders of the Senior Indebtedness Debt and other Indebtedness 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 11XI.

Appears in 2 contracts

Samples: Indenture (Guilford Pharmaceuticals Inc), Credence Systems Corp

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice is to be given to holders of any Senior IndebtednessDebt of the Issuer, the distribution may be made and the notice may be given to their representativeRepresentative (if any). Upon any payment or distribution of assets of the Company Issuer referred to in this Article 1112, the Trustee and the Holders 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(s) 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, all the holders of the Senior Indebtedness Debt of the Issuer and other 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 1112.

Appears in 1 contract

Samples: Indenture (Affinion Group, Inc.)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice is to be given to holders of any Senior IndebtednessDebt of the Issuer, the distribution may be made and the notice may be given to their representativeRepresentative (if any). Upon any payment or distribution of assets of the Company Issuer referred to in this Article 11Twelve, the Trustee and the Holders 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(s) 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, all the holders of the Senior Indebtedness Debt of the Issuer and other 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 11Twelve.

Appears in 1 contract

Samples: Indenture (Affinion Loyalty Group, Inc.)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior Indebtedness, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 11Twelve, the Trustee and the Holders of Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative(s) Representative or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders of Securities for the purpose of ascertaining the Persons entitled to participate in such distribution, all the holders of the Senior Indebtedness 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 11Twelve.

Appears in 1 contract

Samples: Magna Entertainment Corp

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company Issuer referred to in this Article 1114, the Trustee and the Holders of Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative(s) Representative or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders of Securities for the purpose of ascertaining the Persons entitled to participate in such distribution, all the holders of the Senior Indebtedness Debt and other 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 1114.

Appears in 1 contract

Samples: Caprock Communications Corp

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior Indebtedness, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 11, the Trustee and the Holders of Notes the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative(s) Representative or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders of the Securities for the purpose of ascertaining the Persons entitled to participate in such distribution, all the holders of the Senior Indebtedness 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 11.

Appears in 1 contract

Samples: Tia Indenture (Petsmart Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company either AirGate or any Guarantor referred to in this Article 11XII, the Trustee and the Holders 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(s) Representative of the Senior Debt or of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to the Holders for the purpose of ascertaining the Persons persons entitled to participate in such distribution, all the holders of the Senior Indebtedness Debt and other Indebtedness of the CompanyAirGate, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 11XII.

Appears in 1 contract

Samples: Indenture (Airgate PCS Inc /De/)

Distribution or Notice to Representative. Whenever a ----------------------------------------- distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 1110, the Trustee and the Holders of Notes the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative(s) Representative or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders of the Securities for the purpose of ascertaining the Persons entitled to participate in such distribution, all the holders of the Senior Indebtedness Debt 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 1110.

Appears in 1 contract

Samples: Advance Auto Parts Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior Indebtedness, the distribution may be made and the notice given to their trustee or representative. Upon any payment or distribution of assets of the Company referred to in this Article 1113, the Trustee and the Holders 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(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, all holders of the Senior Indebtedness 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 1113.

Appears in 1 contract

Samples: Veeco Instruments Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 1110, the Trustee and the Holders 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(sRepresentative(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, all holders of the Senior Indebtedness Debt and other Indebtedness of the Company, the amount 187 thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 1110.

Appears in 1 contract

Samples: Senior Subordinated Note Purchase Agreement (Transtechnology Corp)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior Indebtedness, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 1110 or the Intercreditor Agreement, the Trustee and the Holders 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(s) 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, all the holders of the Senior Indebtedness 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 thereto, to this Article 1110 or to the Intercreditor Agreement.

Appears in 1 contract

Samples: Indenture (Assisted Living Concepts Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativeRepresentative. SF\552388.8 Upon any payment or distribution of assets of the Company referred to in this Article 1110, the Trustee and the Holders of Notes shall will be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative(s) 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, all the holders of the Senior Indebtedness Debt 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 1110.

Appears in 1 contract

Samples: Supplemental Indenture (Angiotech Pharmaceuticals Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 1110, the Trustee and the Holders of Notes the Exchange Debentures shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative(s) Representative or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders of the Exchange Debentures for the purpose of ascertaining the Persons entitled to participate in such distribution, all the holders of the Senior Indebtedness Debt 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 1110.

Appears in 1 contract

Samples: Panamsat International Systems 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 IndebtednessDebt, the distribution may be made and the notice given to their representativerepresentative(s). Upon any payment or distribution of assets of the Company referred to in this Article 11ARTICLE XIII, the Trustee and the Holders holders of Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative(s) Representative or of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to the Holders holders of Securities for the purpose of ascertaining the Persons persons entitled to participate in such distribution, all the holders of the Senior Indebtedness Debt and other Indebtedness 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 11ARTICLE XIII.

Appears in 1 contract

Samples: Indenture (CTS Corp)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company a Guaranteeing Subsidiary referred to in this Article 1112, the Trustee and the Holders 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(s) 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, all the holders of the Senior Indebtedness Debt and other Indebtedness of the Companysuch Guaranteeing 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 1112.

Appears in 1 contract

Samples: Graham Field Health Products Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior Indebtedness, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company Issuer referred to in this Article 11Eleven, the Trustee and the Holders 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(s) 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, all the holders of the Senior Indebtedness and other 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 11Eleven.

Appears in 1 contract

Samples: Indenture (National Credit & Guaranty CORP)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativeRepresentative(s). Upon any payment or distribution of assets of the Company referred to in this Article 11, the Trustee and the Holders of Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative(s) Representative or of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to the Holders of Securities for the purpose of ascertaining the Persons persons entitled to participate in such distribution, all the holders of the Senior Indebtedness Debt and other Indebtedness 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 11.

Appears in 1 contract

Samples: School Specialty Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior Indebtedness, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 11XIII, the Trustee and the Holders holders of Notes any series of Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative(s) Representative or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders holders of any series of Securities for the purpose of ascertaining the Persons entitled to participate in such distribution, all the holders of the Senior Indebtedness and other Indebtedness 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 11XIII.

Appears in 1 contract

Samples: Steelcase Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company Issuers referred to in this Article 1112, the Trustee and the Holders 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(s) 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, all the holders of the Senior Indebtedness Debt and other 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 1112.

Appears in 1 contract

Samples: Indenture (Foamex International Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice is to be given to holders of any Senior IndebtednessDebt of the Company, 60 the distribution may be made and the notice may be given to their representativeRepresentative (if any). Upon any payment or distribution of assets of the Company referred to in this Article 11Thirteen, the Trustee and the Holders 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(s) 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, all the holders of the Senior Indebtedness Debt of the Company 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 11Thirteen.

Appears in 1 contract

Samples: First Supplemental Indenture (Cardtronics Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 1110, the Trustee and the Holders 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(s) 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, all the holders of the Senior Indebtedness Debt 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 1110.

Appears in 1 contract

Samples: JCS Realty Corp

Distribution or Notice to Representative. Whenever a ---------------------------------------- distribution is to be made or a notice given to holders of any Senior Indebtedness, the distribution may be made and the notice given to their representative. Upon any payment or distribution of assets of the Company referred to in this Article 11, the Trustee and the Holders 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(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, all holders of the Senior Indebtedness 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 11.

Appears in 1 contract

Samples: Resmed Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativerepresentative(s). Upon any payment or distribution of assets of the Company referred to in this Article 11V, the Trustee and the Holders holders of Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative(s) Representative or of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to the Holders holders of Securities for the purpose of ascertaining the Persons persons entitled to participate in such distribution, all the holders of the Senior Indebtedness Debt and other Indebtedness 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 11.V.

Appears in 1 contract

Samples: Pharmaceutical Resources Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior Indebtedness, the distribution may be made and the notice given to their representativeRepresentative. 57 Upon any payment or distribution of assets of the Company referred to in this Article 1110, the Trustee and the Holders 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(s) 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, all the holders of the Senior Indebtedness 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 1110.

Appears in 1 contract

Samples: Argosy Gaming Co

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior Indebtedness, the distribution may be made and the notice given to their representative. Upon any payment or distribution of assets of the Company referred to in this Article 11Article, the Trustee and the Holders of Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative(s) or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders of Securities for the purpose of ascertaining the Persons entitled to participate in such distribution, all holders of the Senior Indebtedness 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 11Article.

Appears in 1 contract

Samples: Province Healthcare Co

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativeRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 11VII, the Trustee and the Holders 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(s) 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, all the holders of the Senior Indebtedness Debt 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 11VII.

Appears in 1 contract

Samples: Louisiana Pacific Corp

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt, the distribution may be made and the notice given to their representativethe Senior Debt Representative. Upon any payment or distribution of assets of the Company referred to in this Article 1110, the Trustee and the Holders of Notes shall Debentures will be entitled to rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative(s) Senior Debt Representative or of the liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders of Debentures for the purpose of ascertaining the Persons entitled to participate in such distribution, all the holders of the Senior Indebtedness Debt and other Indebtedness 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 1110.

Appears in 1 contract

Samples: Dynegy Inc /Il/

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior IndebtednessDebt of the Company, the distribution may be made and the notice given to their representative. Upon any payment or distribution of assets of the Company referred to in this Article 1110, the Trustee and the Holders of Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such representative(s) 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, all the holders of the Senior Indebtedness Debt 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 1110.

Appears in 1 contract

Samples: Baker J Inc

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior Indebtedness, the distribution may be made and the notice given to their representativerepresentative(s). Upon any payment or distribution of assets of the Company referred to in this Article 1115, the Trustee and the Holders holders 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(s) representative or of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to the Holders holders of Notes for the purpose of ascertaining the Persons persons entitled to participate in such distribution, all the holders of the Senior Indebtedness 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 1115.

Appears in 1 contract

Samples: Indenture (GLG Partners, Inc.)

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