Common use of Reliance on Certificate of Liquidating Agent Clause in Contracts

Reliance on Certificate of Liquidating Agent. Upon any payment or distribution referred to in this Article, the Trustee and the Holders of the Debentures shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which a dissolution, winding up or total or partial liquidation or reorganization of the Company is pending, or a certificate of the trustee in bankruptcy, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of the Debentures, for the purpose of ascertaining the Persons entitled to participate in such distribution, 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.

Appears in 6 contracts

Samples: Supplemental Indenture (Dte Energy Co), Supplemental Indenture (Dte Energy Co), Supplemental Indenture (Dte Energy Co)

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Reliance on Certificate of Liquidating Agent. Upon any payment or distribution referred to in this Article, the Trustee Trustee, and the Holders of the Debentures Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which a dissolution, winding up or total or partial liquidation or reorganization of the Company is pending, or a certificate of the trustee in bankruptcy, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of the DebenturesSecurities, for the purpose of ascertaining the Persons entitled to participate in such distribution, 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.

Appears in 5 contracts

Samples: Indenture (Apple Hospitality REIT, Inc.), Indenture (Apple Hospitality REIT, Inc.), Indenture (Apple Hospitality REIT, Inc.)

Reliance on Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee Trustee, subject to the provisions of Section 6.1, and the Holders of the Debentures shall be entitled to rely upon any an order or decree entered made by any court of competent jurisdiction in which a dissolution, such dissolution or winding up or total or partial liquidation or reorganization of the Company is pending, or arrangement proceedings are pending or upon a certificate of the trustee in bankruptcy, liquidating trusteereceiver, custodian, receiverconservator, assignee for the benefit of creditors, agent creditors or other Person person making such payment or distribution, delivered to the Trustee or to the Holders of the DebenturesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the CompanyDebt, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (Evans Capital Trust III), Junior Subordinated Indenture (Bridge Statutory Capital Trust I), Trust Agreement (Privatebancorp Capital Trust Iv)

Reliance on Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Guarantor referred to in this Article, the Trustee Trustee, subject to the provisions of Section 601, and the Holders of the Debentures shall be entitled to rely upon any an order or decree entered made by any court of competent jurisdiction in which a dissolution, such dissolution or winding up or total or partial liquidation or reorganization of the Company is pending, or arrangement proceedings are pending or upon a certificate of the trustee in bankruptcy, liquidating trusteereceiver, custodian, receiverconservator, assignee for the benefit of creditors, agent creditors or other Person person making such payment or distribution, delivered to the Trustee or to the Holders of the DebenturesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such distribution, the holders of the Guarantor Senior Indebtedness and other indebtedness of the CompanyGuarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 1 contract

Samples: Second Supplemental Indenture (First Union Corp)

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Reliance on Certificate of Liquidating Agent. Upon any payment or distribution referred to in this Article, the Trustee and the Holders of the Debentures Notes shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which a dissolution, winding up or total or partial liquidation or reorganization of the Company is pending, or a certificate of the trustee in bankruptcy, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of the DebenturesNotes, for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders 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.

Appears in 1 contract

Samples: Supplemental Indenture (Dte Energy Co)

Reliance on Certificate of Liquidating Agent. Upon any payment or distribution referred to in this Article, the Trustee and the Holders of the Debentures shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which a dissolution, winding up or total or partial liquidation or reorganization of the Company is pending, or a certificate of the trustee in bankruptcy, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of the Debentures, for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders 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.

Appears in 1 contract

Samples: Supplemental Indenture (Dte Energy Co)

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