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 8 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)
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 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 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 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 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 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 (Praegitzer Industries Trust I), Indenture (Vlsi 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 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 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: Indenture (Nextwave Personal Communications Inc), Indenture (Nextwave Personal Communications Inc), Indenture (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), Indenture (School Specialty Inc), Indenture (Cke Restaurants Inc)
Distribution or Notice to Representative. (a) Whenever a distribution is to be made or a notice given to holders of Senior Obligationsany senior indebtedness, 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 Obligations. representative.
(b) Upon any payment or distribution of assets of the Company referred to in this Article 1013, the 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(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 senior 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 1013.
Appears in 3 contracts
Samples: Indenture (Mgi Pharma Inc), Indenture (Bell Microproducts Inc), Indenture (Bell Microproducts Inc)
Distribution or Notice to Representative. (a) Whenever a distribution is to be made or a notice given to holders 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 Obligations. Representatives.
(b) Upon any payment or distribution of assets of the Company Co-Obligors referred to in this Article 10Ten, 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 and other obligations Indebtedness of the CompanyCo-Obligors, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 10Ten.
Appears in 2 contracts
Samples: Indenture (Central Credit, LLC), Indenture (Duane Reade 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: Indenture (Fonda Group Inc), Indenture (Plainwell Inc)
Distribution or Notice to Representative. (a) 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 or other agreement governing such Senior Obligations. representative.
(b) Upon any payment or distribution of assets of the Company referred to in this Article 1012, the Trustee and the Holders will 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 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 1012.
Appears in 1 contract
Samples: Indenture (Osi Pharmaceuticals 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. Upon any payment or distribution of assets of the Company referred to in this Article 10, the Trustee and the Holders will of 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 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, 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 (Ameriking 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
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: Indenture (Vegeterian Times Inc)
Distribution or Notice to Representative. Whenever a distribution is to be made or a notice is to be given to holders of Senior ObligationsDebt of the Company, the distribution may be made and the notice may be 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 10Thirteen, 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 10Thirteen.
Appears in 1 contract
Distribution or Notice to Representative. Whenever a distribution is to be made or a notice is to be given to holders of Senior ObligationsDebt of the Issuer, the distribution may be made and the notice may be 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 Issuer referred to in this Article 1012, the 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 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 of the Issuer 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 1012.
Appears in 1 contract
Samples: Indenture (Affinion Group, 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
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. Upon any payment or distribution of assets of the Company referred to in this Article 1011, the Trustee and the Holders will of 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 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, 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 1011.
Appears in 1 contract
Samples: Indenture (Petsmart Inc)
Distribution or Notice to Representative. (a) 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 or other agreement governing such Senior Obligations. representative.
(b) 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: Indenture (Osi Pharmaceuticals 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. Upon any payment or distribution of assets of the Company referred to in this Article 1010 or the Intercreditor Agreement, 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 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 thereto, to this Article 1010 or to the Intercreditor Agreement.
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 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