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 (Openwave Systems Inc), Indenture (Profit Recovery Group International 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 trustee or 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), Indenture (LTX-Credence 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 trustee or 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 representativethe Representative. Upon any payment or distribution of assets of the Company or any Restricted Subsidiary referred to in this Article 11XI, 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) the Representative 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 entitled to participate in such distribution, all the holders of the Senior Indebtedness and other Indebtedness of the CompanyCompany and the Restricted Subsidiaries, 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 3 contracts
Samples: Indenture (Neenah Foundry Co), Indenture (Cast Alloys Inc), Indenture (Neenah Foundry Co)
Distribution or Notice to Representative. (a) 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. Representative.
(b) Upon any payment or distribution of assets of the Company referred to in this Article 11Ten, 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 11Ten.
Appears in 3 contracts
Samples: Note Purchase Agreement (Jw Childs Equity Partners Ii Lp), Note Purchase Agreement (Signal Medical Services), Indenture (Renal Care Group 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 trustee or 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 (Victory Finance Inc), Indenture (Tesoro Alaska 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 trustee or representativeRepresentative. Upon any payment or distribution of assets of the Company Borrower or any Guarantor referred to in this Article 11X, the Trustee Administrative Agent and the Holders of Notes Lenders 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 Administrative Agent or to the Holders Lenders 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 CompanyBorrower 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.X.
Appears in 3 contracts
Samples: Bridge Loan Agreement (Pca International Inc), Bridge Loan Agreement (Windmere Durable Holdings Inc), Bridge Loan Agreement (Key Energy Group 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 trustee or 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 (Credence Systems Corp), Indenture (Guilford 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 trustee or 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 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 holders of Convertible 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 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 (Amkor Technology Inc), Indenture (Amkor Technology 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 trustee or 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 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 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, 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 (Credence Systems Corp), Indenture (Hutchinson Technology 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 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
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 trustee or 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 Indebtedness, the distribution may be made and the notice given to their trustee or representativeRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 11Article, the Trustee and the Holders of Notes Subordinated 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 Subordinated 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 11Article.
Appears in 1 contract
Samples: Indenture (Caraustar Industries Inc)
Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior Designated Secured 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 11XI, 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 Designated Secured 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 11XI.
Appears in 1 contract
Samples: Indenture (Charys Holding Co Inc)
Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior Secured 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 11XI, 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 Secured 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 11XI.
Appears in 1 contract
Samples: Indenture (Medis Technologies LTD)
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 trustee or representativeRepresentative. Upon any payment or distribution of assets of the Company either AirGate or any Guarantor referred to in this Article 11XI, 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 11XI.
Appears in 1 contract
Samples: Indenture (Agw Leasing Co 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 trustee or representativeRepresentative. Upon any payment or distribution of assets of the Company or any of the Guarantors referred to in this Article 11XI, 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 11XI.
Appears in 1 contract
Samples: Indenture (MTR Gaming 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 trustee or 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
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 representativeRepresentative. Upon any payment or distribution of assets of the Company referred to in this Article 11XI, 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) 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 11XI.
Appears in 1 contract
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 representativerepresentative (if any). Upon any payment or distribution of assets of the Company referred to in this Article 11XI, 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 11XI.
Appears in 1 contract
Samples: Indenture (VHS of Phoenix 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 trustee or representativeRepresentative. Upon any payment or distribution of assets of any of the Company Issuers or the Guarantors 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 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 11.X.
Appears in 1 contract
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 representativerepresentative (if any). Upon any payment or distribution of assets of the Company 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 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 Companyrespective 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 11XII.
Appears in 1 contract
Samples: Indenture (VHS of Phoenix 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 trustee or 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 of the Company, 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 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: Indenture (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 trustee or 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: Indenture (Steelcase Inc)