Reliance on Judicial Order or Certificate of Liquidating Agent Regarding Dissolution, etc. Upon any payment or distribution of assets of Holding referred to in this Article Ten, the Trustee, subject to the provisions of Section 7.01, and the Holders shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Guarantor Senior Indebtedness and other Indebtedness of Holding, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article Ten. The Trustee is not responsible for determining whether or not the court has been fully apprised of the provisions of this Article Ten.
Appears in 2 contracts
Samples: Indenture (Mettler Toledo Holding Inc), Indenture (Mettler Toledo Holding Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent Regarding Dissolution, etc. of Guarantors. ------------------------------------------------ Upon any payment or distribution of assets of Holding any Guarantor referred to in this Article TenTwelve, the Trustee, subject to the provisions of Section 7.016.01, and the Holders Holders, shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the Holders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Guarantor Senior Indebtedness and other Indebtedness of Holding, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TenTwelve; provided provided, -------- however, that the foregoing shall apply only if such court has been fully ------- apprised of the provisions of this Article Ten. The Trustee is not responsible for determining whether or not the court has been fully apprised of the provisions of this Article TenTwelve.
Appears in 2 contracts
Samples: Indenture (Saks Inc), Indenture (Saks Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent Regarding Dissolution, etc. of Guarantors. Upon any payment or distribution of assets of Holding any Guarantor referred to in this Article TenFifteen, the Trustee, subject to the provisions of Section 7.016.01, and the Holders Holders, shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the Holders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Guarantor Senior Indebtedness of such Guarantor and other Indebtedness of Holdingsuch 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 TenFifteen; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article Ten. The Trustee is not responsible for determining whether or not the court has been fully apprised of the provisions of this Article TenFifteen.
Appears in 1 contract
Samples: Indenture (Golden Sky Systems Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent Regarding Dissolution, etc. of Guarantors. Upon any payment or distribution of assets of Holding any Guarantor referred to in this Article TenFourteen, the Trustee, subject to the provisions of Section 7.016.01, and the Holders Holders, shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the Holders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Guarantor Senior Indebtedness of such Guarantor and other Indebtedness of Holdingsuch 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 TenFourteen; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article Ten. The Trustee is not responsible for determining whether or not the court has been fully apprised of the provisions of this Article TenFourteen.
Appears in 1 contract
Samples: Indenture (Blue Bird Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent Regarding Dissolution, etc. Upon any payment or distribution of assets of Holding any Note Guarantor referred to in this Article TenThirteen, the Trustee, subject to the provisions of Section 7.01601, and the Holders of Securities of either series shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the such Holders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Guarantor Senior Indebtedness and other Indebtedness of Holdingsuch Note 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 TenThirteen; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article Ten. The Trustee is not responsible for determining whether or not the court has been fully apprised of the provisions of this Article TenThirteen.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent Regarding Dissolution, etc. of Guarantor. Upon any payment or distribution of assets of Holding the Guarantor referred to in this Article TenThirteen, the Trustee, subject to the provisions of Section 7.015.1, and the Holders shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the Holders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Guarantor Senior Indebtedness Debt and other Indebtedness of Holdingthe 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 TenThirteen; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article Ten. The Trustee is not responsible for determining whether or not the court has been fully apprised of the provisions of this Article TenThirteen.
Appears in 1 contract
Samples: Indenture (Foster Wheeler LTD)
Reliance on Judicial Order or Certificate of Liquidating Agent Regarding Dissolution, etc. of Guarantors. Upon any payment or distribution of assets of Holding any Guarantor referred to in this Article Ten, Twelve the Trustee, subject to the provisions of Section 7.016.01, and the Holders Holders, shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Guarantor Senior Indebtedness and other Indebtedness of Holding, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TenTwelve; provided however, that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article Ten. The Trustee is not responsible for determining whether or not the court has been fully apprised of the provisions of this Article TenTwelve.
Appears in 1 contract
Samples: Indenture (Saks Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent Regarding Dissolution, etc. of Guarantors. Upon any payment or distribution of assets of Holding any Guarantor referred to in this Article TenTwelve, the Trustee, subject to the provisions of Section 7.016.01, and the Holders Holders, shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the Holders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Guarantor Senior Indebtedness and other Indebtedness of Holding, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TenTwelve; provided provided, however, that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article Ten. The Trustee is not responsible for determining whether or not the court has been fully apprised of the provisions of this Article TenTwelve.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent Regarding Dissolution, etc. of Guarantors. Upon any payment or distribution of assets of Holding any Guarantor referred to in this Article TenThirteen, the Trustee, subject to the provisions of Section 7.016.01, and the Holders shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the Holders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Guarantor Senior Indebtedness Debt of such Guarantor and other Indebtedness of Holdingsuch 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 TenThirteen; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article Ten. The Trustee is not responsible for determining whether or not the court has been fully apprised of the provisions of this Article TenThirteen.
Appears in 1 contract
Samples: Indenture (Freedom Chemical Co)
Reliance on Judicial Order or Certificate of Liquidating Agent Regarding Dissolution, etc. of Guarantors. Upon any payment or distribution of assets of Holding any Guarantor referred to in this Article TenThirteen, the Trustee, subject to the provisions of Section 7.016.01, and the Holders Holders, shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the Holders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Guarantor Senior Indebtedness and other Indebtedness of Holding, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TenThirteen; provided provided, however, that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article Ten. The Trustee is not responsible for determining whether or not the court has been fully apprised of the provisions of this Article TenThirteen.
Appears in 1 contract