Common use of Filing Proofs of Claim Clause in Contracts

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company or any other obligor upon the Securities or the property of the Company or of such other obligor or their creditors, the Trustee (irrespective of whether the amount owed on such Securities shall then be due and payable as therein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee shall have made any demand on the Company for the payment of amounts due on the Securities) shall be entitled and empowered, any intervention in such proceeding or otherwise, (i) to file and prove a claim for the whole amounts owing and unpaid in respect of the Securities and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel) and of the Holders of such Securities allowed in such judicial proceeding, and (ii) to collect and receive any moneys or other property payable or deliverable on any such claims and to distribute the same; and any receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) in any such proceeding is hereby authorized by each such Holder to make such payments to the Trustee, and in the event that the Trustee shall consent to the making of such payments directly to such Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt, on behalf of any Holder any plan or reorganization, arrangement, adjustment

Appears in 5 contracts

Samples: Forward Contract and Indenture (Targets Trusts Vi), Forward Contract and Indenture (Targets Trusts Vi), Forward Contract and Indenture (Targets Trusts Vi)

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Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or proceedings under any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company Debtor Relief Law or any other obligor upon the Securities or the property of the Company or of such other obligor or their creditorsjudicial proceeding relating to any Loan Party, the Trustee Administrative Agent (irrespective of whether the amount owed on such Securities principal of any Loan shall then be due and payable as therein herein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee Administrative Agent shall have made any demand on the Company for the payment of amounts due on the Securitiestherefor) shall be entitled and empowered, any empowered (but not obligated) by intervention in such proceeding or otherwise,: (ia) to file and prove a claim for the whole amounts amount of the owing and unpaid principal and interest in respect of to the Securities Secured Obligations and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the TrusteeLenders, its the Issuing Lenders and the Administrative Agent and their respective agents and counselcounsel and all other amounts due the Lenders, the Issuing Lenders and the Administrative Agent under Sections 2.7, 2.10(b), 3.5 and 11.3) and of the Holders of such Securities allowed in such judicial proceeding, and; (iib) to collect and receive any moneys monies or other property payable or deliverable on any such claims and to distribute the same; and and (c) any custodian, receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) official in any such judicial proceeding is hereby authorized by each such Holder Lender and the Issuing Lender to make such payments to the TrusteeAdministrative Agent and, and in the event that the Trustee Administrative Agent shall consent to the making of such payments directly to such Holdersthe Lenders and the Issuing Lenders, to pay to the Trustee Administrative Agent any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, Administrative Agent and its agents and counsel, and any other amounts due the Trustee Administrative Agent under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adoptSections 2.7, on behalf of any Holder any plan or reorganization2.10(b), arrangement, adjustment3.5 and 11.3.

Appears in 5 contracts

Samples: Credit Agreement (Shenandoah Telecommunications Co/Va/), Credit Agreement (Shenandoah Telecommunications Co/Va/), Credit Agreement (Hawaiian Telcom Holdco, Inc.)

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or proceedings under any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company Debtor Relief Law or any other obligor upon judicial proceeding relating to the Securities or the property of the Company or of such other obligor or their creditorsBorrower, the Trustee Administrative Agent (irrespective of whether the amount owed on such Securities principal of any Term Loan shall then be due and payable as therein herein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee Administrative Agent shall have made any demand on the Company for the payment of amounts due on the Securitiestherefor) shall be entitled and empowered, any empowered (but not obligated) by intervention in such proceeding or otherwise,: (ia) to file and prove a claim for the whole amounts amount of the owing and unpaid principal and interest in respect of to the Securities Obligations and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its Lenders and the Administrative Agent and their respective agents and counselcounsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.7 and 3.5) and of the Holders of such Securities allowed in such judicial proceeding, and; (iib) to collect and receive any moneys monies or other property payable or deliverable on any such claims and to distribute the same; and and (c) any custodian, receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) official in any such judicial proceeding is hereby authorized by each such Holder Lender to make such payments to the TrusteeAdministrative Agent and, and in the event that the Trustee Administrative Agent shall consent to the making of such payments directly to such Holdersthe Lenders, to pay to the Trustee Administrative Agent any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, Administrative Agent and its agents and counsel, and any other amounts due the Trustee Administrative Agent under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adoptSections 2.7, on behalf of any Holder any plan or reorganization, arrangement, adjustment2.9(b) and 3.5.

Appears in 3 contracts

Samples: Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp)

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or proceedings under any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company Debtor Relief Law or any other obligor upon the Securities or the property of the Company or of such other obligor or their creditorsjudicial proceeding relating to any Loan Party, the Trustee Administrative Agent (irrespective of whether the amount owed on such Securities principal of any Loan shall then be due and payable as therein herein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee Administrative Agent shall have made any demand on the Company for the payment of amounts due on the Securitiestherefor) shall be entitled and empowered, any empowered (but not obligated) by intervention in such proceeding or otherwise,: (ia) to file and prove a claim for the whole amounts amount of the owing and unpaid principal and interest in respect of to the Securities Secured Obligations and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the TrusteeLenders, its the Issuing Lenders and the Administrative Agent and their respective agents and counselcounsel and all other amounts due the Lenders, the Issuing Lenders and the Administrative Agent under Sections 2.7, 2.10(b), 3.5 and 11.3) and of the Holders of such Securities allowed in such judicial proceeding, and; (iib) to collect and receive any moneys monies or other property payable or deliverable on any such claims and to distribute the same; and and (c) any custodian, receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) official in any such judicial proceeding is hereby authorized by each such Holder Lender and each Issuing Lender to make such payments to the TrusteeAdministrative Agent and, and in the event that the Trustee Administrative Agent shall consent to the making of such payments directly to such Holdersthe Lenders and the Issuing Lenders, to pay to the Trustee Administrative Agent any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, Administrative Agent and its agents and counsel, and any other amounts due the Trustee Administrative Agent under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adoptSections 2.7, on behalf of any Holder any plan or reorganization2.10(b), arrangement, adjustment3.5 and 11.3.

Appears in 3 contracts

Samples: Credit Agreement (Alaska Communications Systems Group Inc), Credit Agreement (Alaska Communications Systems Group Inc), Credit Agreement (Alaska Communications Systems Group Inc)

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or proceedings under any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company Debtor Relief Law or any other obligor upon the Securities or the property of the Company or of such other obligor or their creditorsjudicial proceeding relating to any Loan Party, the Trustee Administrative Agent (irrespective of whether the amount owed on such Securities principal of the Term Loan shall then be due and payable as therein herein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee Administrative Agent shall have made any demand on the Company for the payment of amounts due on the Securitiestherefor) shall be entitled and empowered, any empowered (but not obligated) by intervention in such proceeding or otherwise,: (ia) to file and prove a claim for the whole amounts amount of the owing and unpaid principal and interest in respect of to the Securities Obligations and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its Lenders and the Administrative Agent and their respective agents and counselcounsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.5 and 3.5) and of the Holders of such Securities allowed in such judicial proceeding, and; (iib) to collect and receive any moneys monies or other property payable or deliverable on any such claims and to distribute the same; and (c) and any custodian, receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) official in any such judicial proceeding is hereby authorized by each such Holder Lender to make such payments to the TrusteeAdministrative Agent and, and in the event that the Trustee Administrative Agent shall consent to the making of such payments directly to such Holdersthe Lenders, to pay to the Trustee Administrative Agent any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, Administrative Agent and its agents and counsel, and any other amounts due the Trustee Administrative Agent under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt, on behalf of any Holder any plan or reorganization, arrangement, adjustmentSections 2.5 and 3.5.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Seaboard Corp /De/), Term Loan Credit Agreement (Seaboard Corp /De/)

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or proceedings under any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company Debtor Relief Law or any other obligor upon judicial proceeding relating to the Securities or the property of the Company or of such other obligor or their creditorsBorrower, the Trustee Administrative Agent (irrespective of whether the amount owed on such Securities principal of any Term Loan shall then be due and payable as therein herein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee Administrative Agent shall have made any demand on the Company for the payment of amounts due on the Securitiestherefor) shall be entitled and empowered, any empowered (but not obligated) by intervention in such proceeding or otherwise,: (ia) to file and prove a claim for the whole amounts amount of the owing and unpaid principal and interest in respect of to the Securities Obligations and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its Lenders and the Administrative Agent and their respective agents and counselcounsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.7 and 3.5) and of the Holders of such Securities allowed in such judicial proceeding, and; (iib) to collect and receive any moneys monies or other property payable or deliverable on any such claims and to distribute the same; and and (c) any custodian, receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) official in any such judicial proceeding is hereby authorized by each such Holder Lender to make such payments to the TrusteeAdministrative Agent and, and in the event that the Trustee Administrative Agent shall consent to the making of such payments directly to such Holdersthe Lenders, to pay to the Trustee Administrative Agent any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, Administrative Agent and its agents and counsel, and any other amounts due the Trustee Administrative Agent under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt, on behalf of any Holder any plan or reorganization, arrangement, adjustmentSections 2.7 and 3.5.

Appears in 2 contracts

Samples: Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp)

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or proceedings under any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company Debtor Relief Law or any other obligor upon judicial proceeding relating to the Securities or the property of the Company or of such other obligor or their creditorsBorrower, the Trustee Administrative Agent (irrespective of whether the amount owed on such Securities principal of any Loan shall then be due and payable as therein herein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee Administrative Agent shall have made any demand on the Company for the payment of amounts due on the Securitiestherefor) shall be entitled and empowered, any empowered (but not obligated) by intervention in such proceeding or otherwise,: (ia) to file and prove a claim for the whole amounts amount of the owing and unpaid principal and interest in respect to the Obligations of the Securities Borrower under this Credit Agreement and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its Lenders and the Administrative Agent and their respective agents and counselcounsel and all other amounts due the Lenders and the Administrative Agent under this Credit Agreement) and of the Holders of such Securities allowed in such judicial proceeding, ; and (iib) to collect and receive any moneys monies or other property payable or deliverable on any such claims and to distribute the same; and and (c) any custodian, receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) official in any such judicial proceeding is hereby authorized by each such Holder Lender to make such payments to the TrusteeAdministrative Agent and, and in the event that the Trustee Administrative Agent shall consent to the making of such payments directly to such Holdersthe Lenders, to pay to the Trustee Administrative Agent any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, Administrative Agent and its agents and counsel, and any other amounts due the Trustee Administrative Agent under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt, on behalf of any Holder any plan or reorganization, arrangement, adjustmentCredit Agreement.

Appears in 2 contracts

Samples: Credit Agreement (CHS Inc), Credit Agreement (CHS Inc)

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or proceeding under any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company Debtor Relief Law or any other obligor upon the Securities or the property of the Company or of such other obligor or their creditorsjudicial proceeding relating to any Loan Party, the Trustee Administrative Agent (irrespective of whether the amount owed on such Securities principal of any Loan or Letter of Credit Obligation shall then be due and payable as therein herein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee Administrative Agent shall have made any demand on the Company for the payment of amounts due on the Securitiestherefor) shall be entitled and empowered, any empowered (but not obligated) by intervention in such proceeding or otherwise,: (ia) to file and prove a claim for the whole amounts amount of the owing and unpaid principal and interest in respect of the Securities Secured Obligations and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Secured Parties (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its Secured Parties and their respective agents and counselcounsel and all other amounts due the Secured Parties under Sections 2.5, 2.8(b) and of the Holders of such Securities 3.5) allowed in such judicial proceeding, ; and (iib) to collect and receive any moneys monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) official in any such judicial proceeding is hereby authorized by each such Holder Lender and Issuing Lender to make such payments to the TrusteeAdministrative Agent and, and in the event that the Trustee Administrative Agent shall consent to the making of such payments directly to such Holdersthe Lenders and the Issuing Lender, to pay to the Trustee Administrative Agent any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, Administrative Agent and its agents and counsel, and any other amounts due the Trustee Administrative Agent under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adoptSections 2.5, on behalf of any Holder any plan or reorganization, arrangement, adjustment2.8(b) and 3.5.

Appears in 2 contracts

Samples: Credit Agreement (Andersons, Inc.), Credit Agreement (Andersons, Inc.)

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or proceedings under any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company Debtor Relief Law or any other obligor upon the Securities or the property of the Company or of such other obligor or their creditorsjudicial proceeding relating to any Loan Party, the Trustee Administrative Agent (irrespective of whether the amount owed on such Securities principal of any Term Loan shall then be due and payable as therein herein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee Administrative Agent shall have made any demand on the Company for the payment of amounts due on the Securitiestherefor) shall be entitled and empowered, any empowered (but not obligated) by intervention in such proceeding or otherwise,: (ia) to file and prove a claim for the whole amounts amount of the owing and unpaid principal and interest in respect of to the Securities Obligations and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its Lenders and the Administrative Agent and their respective agents and counselcounsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.7, 2.10(b) and of the Holders of such Securities 11.3) allowed in such judicial proceeding, and; (iib) to collect and receive any moneys monies or other property payable or deliverable on any such claims and to distribute the same; and and (c) any custodian, receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) official in any such judicial proceeding is hereby authorized by each such Holder Lender to make such payments to the TrusteeAdministrative Agent and, and in the event that the Trustee Administrative Agent shall consent to the making of such payments directly to such Holdersthe Lenders, to pay to the Trustee Administrative Agent any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, Administrative Agent and its agents and counsel, and any other amounts due the Trustee Administrative Agent under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adoptSections 2.7, on behalf of any Holder any plan or reorganization, arrangement, adjustment2.10(b) and 11.3.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Alaska Communications Systems Group Inc)

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or proceedings under any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company Debtor Relief Law or any other obligor upon judicial proceeding relating to the Securities or the property of the Company or of such other obligor or their creditorsBorrower, the Trustee Administrative Agent (irrespective of whether the amount owed on such Securities principal of any Loan shall then be due and payable as therein herein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee Administrative Agent shall have made any demand on the Company for the payment of amounts due on the Securitiestherefor) shall be entitled and empowered, any empowered (but not obligated) by intervention in such proceeding or otherwise,: (ia) to file and prove a claim for the whole amounts amount of the owing and unpaid principal and interest in respect to the Obligations of the Securities Borrower under this Credit Agreement and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the TrusteeLenders, its the Issuing Lender and the Administrative Agent and their respective agents and counselcounsel and all other amounts due the Lenders, the Issuing Lender and the Administrative Agent under this Credit Agreement) and of the Holders of such Securities allowed in such judicial proceeding, and; (iib) to collect and receive any moneys monies or other property payable or deliverable on any such claims and to distribute the same; and and (c) any custodian, receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) official in any such judicial proceeding is hereby authorized by each such Holder Lender and the Issuing Lender to make such payments to the TrusteeAdministrative Agent and, and in the event that the Trustee Administrative Agent shall consent to the making of such payments directly to such Holdersthe Lenders and the Issuing Lender, to pay to the Trustee Administrative Agent any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, Administrative Agent and its agents and counsel, and any other amounts due the Trustee Administrative Agent under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt, on behalf of any Holder any plan or reorganization, arrangement, adjustmentCredit Agreement.

Appears in 1 contract

Samples: Credit Agreement (CHS Inc)

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or proceedings under any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company Debtor Relief Law or any other obligor upon the Securities or the property of the Company or of such other obligor or their creditorsjudicial proceeding relating to any Loan Party, the Trustee Administrative Agent (irrespective of whether the amount owed on such Securities principal of any Loan shall then be due and payable as therein herein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee Administrative Agent shall have made any demand on the Company for the payment of amounts due on the Securitiestherefor) shall be entitled and empowered, any empowered (but not obligated) by intervention in such proceeding or otherwise,: (ia) to file and prove a claim for the whole amounts amount of the owing and unpaid principal and interest in respect of to the Securities Secured Obligations and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the TrusteeLenders, its the Issuing Lender and the Administrative Agent and their respective agents and counselcounsel and all other amounts due the Lenders, the Issuing Lender and the Administrative Agent under Sections 2.9, 2.12(b), 3.5 and 11.3) and of the Holders of such Securities allowed in such judicial proceeding, and; (iib) to collect and receive any moneys monies or other property payable or deliverable on any such claims and to distribute the same; and and (c) any custodian, receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) official in any such judicial proceeding is hereby authorized by each such Holder Lender and the Issuing Lender to make such payments to the TrusteeAdministrative Agent and, and in the event that the Trustee Administrative Agent shall consent to the making of such payments directly to such Holdersthe Lenders and the Issuing Lender, to pay to the Trustee Administrative Agent any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, Administrative Agent and its agents and counsel, and any other amounts due the Trustee Administrative Agent under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adoptSections 2.9, on behalf of any Holder any plan or reorganization2.12(b), arrangement, adjustment3.5 and 11.3.

Appears in 1 contract

Samples: Credit Agreement (ATN International, Inc.)

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or proceedings under any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company Debtor Relief Law or any other obligor upon the Securities or the property of the Company or of such other obligor or their creditorsjudicial proceeding relating to any Loan Party, the Trustee Administrative Agent (irrespective of whether the amount owed on such Securities principal of any Loan shall then be due and payable as therein herein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee Administrative Agent shall have made any demand on the Company for the payment of amounts due on the Securitiestherefor) shall be entitled and empowered, any empowered (but not obligated) by intervention in such proceeding or otherwise,: (ia) to file and prove a claim for the whole amounts amount of the owing and unpaid principal and interest in respect of to the Securities Secured Obligations and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the TrusteeLenders, its the Issuing Lender and the Administrative Agent and their respective agents and counselcounsel and all other amounts due the Lenders, the Issuing Lender and the Administrative Agent under Sections 2.98, 2.11(b), 3.5 and 11.3) and of the Holders of such Securities allowed in such judicial proceeding, and; (iib) to collect and receive any moneys monies or other property payable or deliverable on any such claims and to distribute the same; and and (c) any custodian, receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) official in any such judicial proceeding is hereby authorized by each such Holder Lender and the Issuing Lender to make such payments to the TrusteeAdministrative Agent and, and in the event that the Trustee Administrative Agent shall consent to the making of such payments directly to such Holdersthe Lenders and the Issuing Lender, to pay to the Trustee Administrative Agent any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, Administrative Agent and its agents and counsel, and any other amounts due the Trustee Administrative Agent under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adoptSections 2.98, on behalf of any Holder any plan or reorganization2.11(b), arrangement, adjustment3.5 and 11.3.

Appears in 1 contract

Samples: Credit Agreement (Nuvera Communications, Inc.)

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or any voluntary or involuntary case under the Federal U.S. federal bankruptcy laws, as now or hereafter constituted, relative to the Company Company, the Guarantor or any other obligor upon the Securities of a particular series or the property of the Company Company, the Guarantor or of such other obligor or their creditors, the Trustee (irrespective of whether the amount owed on such Securities shall then be due and payable as therein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee shall have made any demand on the Company or the Guarantor, as the case may be, for the payment of amounts due on the such Securities) shall be entitled and empowered, any intervention in such proceeding or otherwise, (i) to file and prove a claim for the whole amounts owing and unpaid in respect of the Securities of such series and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel) and of the Holders of such Securities allowed in such judicial proceeding, and (ii) to collect and receive any moneys or other property payable or deliverable on any such claims and to distribute the same; and any receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) in any such proceeding is hereby authorized by each such Holder to make such payments to the Trustee, and in the event that the Trustee shall consent to the making of such payments directly to such Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 606 706 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt, on behalf of any Holder any plan or reorganization, arrangement, adjustmentadjustment or composition affecting the Securities of such series or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in such proceeding.

Appears in 1 contract

Samples: Indenture and Forward Contract (Citigroup Inc)

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Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or proceedings under any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company Debtor Relief Law or any other obligor upon the Securities or the property of the Company or of such other obligor or their creditorsjudicial proceeding relating to any Loan Party, the Trustee Administrative Agent (irrespective of whether the amount owed on such Securities principal of any Loan shall then be due and payable as therein herein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee Administrative Agent shall have made any demand on the Company for the payment of amounts due on the Securitiestherefor) shall be entitled and empowered, any empowered (but not obligated) by intervention in such proceeding or otherwise,: (ia) to file and prove a claim for the whole amounts amount of the owing and unpaid principal and interest in respect of to the Securities Secured Obligations and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the TrusteeLenders, its the Issuing Lender and the Administrative Agent and their respective agents and counselcounsel and all other amounts due the Lenders, the Issuing Lender and the Administrative Agent under Sections 2.10, 2.13(b), 3.5 and 11.3) and of the Holders of such Securities allowed in such judicial proceeding, and; (iib) to collect and receive any moneys monies or other property payable or deliverable on any such claims and to distribute the same; and and (c) any custodian, receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) official in any such judicial proceeding is hereby authorized by each such Holder Lender and the Issuing Lender to make such payments to the TrusteeAdministrative Agent and, and in the event that the Trustee Administrative Agent shall consent to the making of such payments directly to such Holdersthe Lenders and the Issuing Lender, to pay to the Trustee Administrative Agent any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, Administrative Agent and its agents and counsel, and any other amounts due the Trustee Administrative Agent under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adoptSections 2.10, on behalf of any Holder any plan or reorganization2.13(b), arrangement, adjustment3.5 and 11.3.

Appears in 1 contract

Samples: Credit Agreement (Andersons, Inc.)

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or proceedings under any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company Debtor Relief Law or any other obligor upon the Securities or the property of the Company or of such other obligor or their creditorsjudicial proceeding relating to any Loan Party, the Trustee Administrative Agent (irrespective of whether the amount owed on such Securities principal of any Loan shall then be due and payable as therein herein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee Administrative Agent shall have made any demand on the Company for the payment of amounts due on the Securitiestherefor) shall be entitled and empowered, any empowered (but not obligated) by intervention in such proceeding or otherwise,: (ia) to file and prove a claim for the whole amounts amount of the owing and unpaid principal and interest in respect of to the Securities Secured Obligations and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its Lenders and the Administrative Agent and their respective agents and counselcounsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.7, 2.9(b), 3.5 and 11.3) and of the Holders of such Securities allowed in such judicial proceeding, and; (iib) to collect and receive any moneys monies or other property payable or deliverable on any such claims and to distribute the same; and and (c) any custodian, receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) official in any such judicial proceeding is hereby authorized by each such Holder Lender to make such payments to the TrusteeAdministrative Agent and, and in the event that the Trustee Administrative Agent shall consent to the making of such payments directly to such Holdersthe Lenders, to pay to the Trustee Administrative Agent any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, Administrative Agent and its agents and counsel, and any other amounts due the Trustee Administrative Agent under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adoptSections 2.7, on behalf of any Holder any plan or reorganization2.9(b), arrangement, adjustment3.5 and 11.3.

Appears in 1 contract

Samples: Credit Agreement (Nuvera Communications, Inc.)

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company or any other obligor upon the Securities of a particular series or the property of the Company or of such other obligor or their creditors, the Trustee (irrespective of whether the amount owed on such Securities shall then be due and payable as therein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee shall have made any demand on the Company for the payment of amounts due on the such Securities) shall be entitled and empowered, any intervention in such proceeding or otherwise, (i) to file and prove a claim for the whole amounts owing and unpaid in respect of the Securities of such series and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel) and of the Holders of such Securities allowed in such judicial proceeding, and (ii) to collect and receive any moneys or other property payable or deliverable on any such claims and to distribute the same; and any receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) in any such proceeding is hereby authorized by each such Holder to make such payments to the Trustee, and in the event that the Trustee shall consent to the making of such payments directly to such Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt, on behalf of any Holder any plan or reorganization, arrangement, adjustmentadjustment or composition affecting the Securities of such series or the rights of any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Holder in such proceeding.

Appears in 1 contract

Samples: Forward Contract and Indenture (Targets Trust Xvii)

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or proceedings under any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company Debtor Relief Law or any other obligor upon the Securities or the property of the Company or of such other obligor or their creditorsjudicial proceeding relating to any Loan Party, the Trustee Administrative Agent (irrespective of whether the amount owed on such Securities principal of any Revolving Loan shall then be due and payable as therein herein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee Administrative Agent shall have made any demand on the Company for the payment of amounts due on the Securitiestherefor) shall be entitled and empowered, any empowered (but not obligated) by intervention in such proceeding or otherwise,: (ia) to file and prove a claim for the whole amounts amount of the owing and unpaid principal and interest in respect of to the Securities Obligations and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its Lenders and the Administrative Agent and their respective agents and counselcounsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.5 and 3.5) and of the Holders of such Securities allowed in such judicial proceeding, and; (iib) to collect and receive any moneys monies or other property payable or deliverable on any such claims and to distribute the same; and (c) and any custodian, receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) official in any such judicial proceeding is hereby authorized by each such Holder Lender to make such payments to the TrusteeAdministrative Agent and, and in the event that the Trustee Administrative Agent shall consent to the making of such payments directly to such Holdersthe Lenders, to pay to the Trustee Administrative Agent any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, Administrative Agent and its agents and counsel, and any other amounts due the Trustee Administrative Agent under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt, on behalf of any Holder any plan or reorganization, arrangement, adjustmentSections 2.5 and 3.5.

Appears in 1 contract

Samples: 364 Day Revolving Credit Agreement (Seaboard Corp /De/)

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or proceedings under any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company Debtor Relief Law or any other obligor upon the Securities or the property of the Company or of such other obligor or their creditorsjudicial proceeding relating to any Loan Party, the Trustee Administrative Agent (irrespective of whether the amount owed on such Securities principal of any Loan shall then be due and payable as therein herein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee Administrative Agent shall have made any demand on the Company for the payment of amounts due on the Securitiestherefor) shall be entitled and empowered, any empowered (but not obligated) by intervention in such proceeding or otherwise,: (ia) to file and prove a claim for the whole amounts amount of the owing and unpaid principal and interest in respect of to the Securities Secured Obligations and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its Lenders and the Administrative Agent and their respective agents and counselcounsel and all other amounts due the Lenders and the Administrative Agent under Sections 2.8, 2.10(b), 3.5 and 11.3) and of the Holders of such Securities allowed in such judicial proceeding, and; (iib) to collect and receive any moneys monies or other property payable or deliverable on any such claims and to distribute the same; and and (c) any custodian, receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) official in any such judicial proceeding is hereby authorized by each such Holder Lender to make such payments to the TrusteeAdministrative Agent and, and in the event that the Trustee Administrative Agent shall consent to the making of such payments directly to such Holdersthe Lenders, to pay to the Trustee Administrative Agent any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, Administrative Agent and its agents and counsel, and any other amounts due the Trustee Administrative Agent under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adoptSections 2.8, on behalf of any Holder any plan or reorganization2.10(b), arrangement, adjustment3.5 and 11.3.

Appears in 1 contract

Samples: Credit Agreement (Nuvera Communications, Inc.)

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition or other judicial proceedings, or proceedings under any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, relative to the Company Debtor Relief Law or any other obligor upon the Securities or the property of the Company or of such other obligor or their creditorsjudicial proceeding relating to any Loan Party, the Trustee Administrative Agent (irrespective of whether the amount owed on such Securities principal of any Loan shall then be due and payable as therein herein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee Administrative Agent shall have made any demand on the Company for the payment of amounts due on the Securitiestherefor) shall be entitled and empowered, any empowered (but not obligated) by intervention in such proceeding or otherwise,: (ia) to file and prove a claim for the whole amounts amount of the owing and unpaid principal and interest in respect of to the Securities Secured Obligations and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the TrusteeLenders, its the Issuing Lender and the Administrative Agent and their respective agents and counselcounsel and all other amounts due the Lenders, the Issuing Lender and the Administrative Agent under Section 2.7, Section 2.10(b), Section 3.5 and Section 11.3) and of the Holders of such Securities allowed in such judicial proceeding, and; (iib) to collect and receive any moneys monies or other property payable or deliverable on any such claims and to distribute the same; and and (c) any custodian, receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) official in any such judicial proceeding is hereby authorized by each such Holder Lender and the Issuing Lender to make such payments to the TrusteeAdministrative Agent and, and in the event that the Trustee Administrative Agent shall consent to the making of such payments directly to such Holdersthe Lenders and the Issuing Lender, to pay to the Trustee Administrative Agent any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, Administrative Agent and its agents and counsel, and any other amounts due the Trustee Administrative Agent under Section 606 of this Indenture. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt2.7, on behalf of any Holder any plan or reorganizationSection 2.10(b), arrangement, adjustmentSection 3.5 and Section 11.3.

Appears in 1 contract

Samples: Credit Agreement (Otelco Inc.)

Filing Proofs of Claim. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, competition composition or other judicial proceedings, or any voluntary or involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, proceeding relative to the Company or any other obligor upon the Securities or the property of the Company or of such other obligor or their creditorsLoan Party, the Trustee Administrative Agent (irrespective of whether the amount owed on such Securities principal of any Loan shall then be due and payable as therein herein expressed or by declaration of acceleration or otherwise and irrespective of whether the Trustee Administrative Agent shall have made any demand on the Company for the payment of amounts due on the Securitiesany Loan Party) shall be entitled and empowered, any by intervention in such proceeding or otherwise,: (ia) to file and prove a claim for the whole amounts amount of the principal and interest owing and unpaid in respect of the Securities Loans, and all other Obligations that are owing and unpaid and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee Lenders and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its Lenders and the Administrative Agent and their respective agents and counselcounsel and all other amounts due the Lenders and the Administrative Agent under Sections 4.3, and 193) and of the Holders of such Securities allowed in such judicial proceeding, proceedings; and (iib) to collect and receive any moneys monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, custodian, liquidator, sequestrator (or other similar official) official in any such judicial proceeding is hereby authorized by each such Holder Lender to make such payments to the TrusteeAdministrative Agent and, and in the event that the Trustee Administrative Agent shall consent to the making of such payments directly to such Holdersthe Lenders, to pay to the Trustee Administrative Agent any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, Administrative Agent and its agents and counsel, and any other amounts due the Trustee Administrative Agent under Section 606 of this IndentureSections 2.1.1(c), 4.3, 4.4 and 19.4. Nothing contained herein shall be deemed to authorize the Trustee Administrative Agent to authorize or consent to or accept or adopt, adopt on behalf of any Holder Lender any plan or of reorganization, arrangement, adjustmentadjustment or composition affecting the Obligations or the rights of any Lender or to authorize the Administrative Agent to vote in respect of the claim of any Lender in any such proceeding.

Appears in 1 contract

Samples: Loan and Security Agreement (Broadwind Energy, Inc.)

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