Common use of Reliance on Judicial Order or Certificate of Liquidating Agent Clause in Contracts

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon any payment or distribution of assets of the Company referred to in this Article XV, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XV.

Appears in 33 contracts

Samples: Indenture (MicroCloud Hologram Inc.), Indenture (Fanhua Inc.), Indenture (Myriad Genetics Inc)

AutoNDA by SimpleDocs

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 6.01, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XVArticle.

Appears in 16 contracts

Samples: Indenture (Wesbanco Inc), Indenture (Wesbanco Inc), Indenture (Wesbanco Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XV10, the Trustee Trustee, and the Holders of the Securities each series of Debentures shall be entitled to conclusively 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, 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 Securitiessuch series of Debentures, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of 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 XV10.

Appears in 14 contracts

Samples: Junior Indenture (Hawaiian Electric Co Inc), Junior Indenture (Maui Electric Co LTD), Junior Indenture (Hawaiian Electric Co Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 601, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XVArticle.

Appears in 14 contracts

Samples: Laredo Midstream Services, LLC, Indenture (SN Cotulla Assets, LLC), Indenture (Laredo Midstream Services, LLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 601, and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XVArticle.

Appears in 11 contracts

Samples: Indenture (KCS Energy Inc), Indenture (Hilb Rogal & Hamilton Co /Va/), Purchase Agreement (World Airways Inc /De/)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 6.01, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the CompanyIndebtedness, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVArticle.

Appears in 11 contracts

Samples: Indenture (Church & Dwight Co Inc /De/), Indenture (FMC Corp), Indenture (FMC Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XV11, the Trustee Trustee, subject to the provisions of Section 7.01, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, Securities for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XV11.

Appears in 9 contracts

Samples: Subordinated Indenture (Wintrust Financial Corp), First Supplemental Indenture (Old Line Bancshares Inc), Synovus Financial Corp

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company Issuer referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 5.01, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness Debt and other 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 XVArticle.

Appears in 9 contracts

Samples: Teva Pharmaceutical Finance Co B.V., Subordinated Debt Indenture (Gazit Group Financial LLC), Teva Pharmaceutical Finance Co B.V.

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company Issuers referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 6.1, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the CompanyIssuers, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVArticle.

Appears in 8 contracts

Samples: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.0115.1, upon any payment or distribution of assets of the Company referred to in this Article XV, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XV.

Appears in 8 contracts

Samples: Indenture (Molson Coors Beverage Co), Coors Brewing Co, Coors International Holdco 2, ULC

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVTen, the Trustee Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Securities Notes shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization, dissolution, winding up reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, 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 Securitiesthe Notes, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVTen.

Appears in 8 contracts

Samples: Registration Rights Agreement (Management Solutins Inc/), Purchase Agreement (Wilson Greatbatch Technologies Inc), Purchase Agreement (Uti Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVXIV, the Trustee Trustee, subject to the provisions of Section 6.1, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVXIV.

Appears in 8 contracts

Samples: Indenture (Integrated Electrical Services Inc), Indenture (Group Maintenance America Corp), Indenture (Wyne Systems Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 6.1, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XVArticle.

Appears in 8 contracts

Samples: Realnetworks Inc, Oni Systems Corp, Critical Path Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvencydissolution, bankruptcy, receivershipwinding up, liquidation, reorganization, dissolutionassignment for the benefit of creditors or marshalling of assets and liabilities of the Company or bankruptcy, winding up insolvency, receivership or similar case or other like proceeding 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 SecuritiesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of 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 XVArticle.

Appears in 8 contracts

Samples: Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 6.1, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XVArticle.

Appears in 7 contracts

Samples: Indenture (Atlas Air Worldwide Holdings Inc), Atlas Air Worldwide Holdings Inc, Indenture (Xtra Missouri Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XV10, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XV10.

Appears in 7 contracts

Samples: Indenture (Wellpoint Health Networks Inc /De/), Indenture (Austin Funding Com Corp), Indenture (Wellpoint Health Networks Inc /De/)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVTen, the Trustee Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization, dissolution, winding up reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, 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 Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVTen.

Appears in 7 contracts

Samples: Indenture (Moore Labels Inc), Indenture (Asap Software Express Inc), Indenture (Asap Software Express Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 601, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XVArticle.

Appears in 6 contracts

Samples: Indenture (Forest City Enterprises Inc), Indenture (Cygnus Inc /De/), Read Rite Corp /De/

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon any payment or distribution of assets of the Company Issuer or the Guarantor referred to in this Article XV, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness of the CompanyIssuer or the 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 XV.

Appears in 6 contracts

Samples: Indenture (CNOOC Finance (2013) Ltd.), Indenture (CNOOC Finance (2015) U.S.A. LLC), Indenture (CNOOC Finance (2015) U.S.A. LLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVXVI, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, 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 Subordinated Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of 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 XVXVI.

Appears in 6 contracts

Samples: Apollo Debt Solutions BDC, HPS Corporate Lending Fund, CION Investment Corp

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company Issuer or the Guarantor referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 5.01, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness Debt and other indebtedness of the CompanyIssuer or the Guarantor, as the case may be, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVArticle.

Appears in 6 contracts

Samples: Indenture (Teva Pharmaceutical Finance Co B.V.), Debt Indenture (Gazit Group Financial LLC), Teva Pharmaceutical Finance Co B.V.

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 601, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XVArticle.

Appears in 6 contracts

Samples: Subordinated Debt Securities Indenture (Cullen/Frost Bankers, Inc.), Indenture (Intercontinental Exchange, Inc.), NYSE Holdings LLC

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 601 hereof, and the Holders of the Securities Junior Subordinated Notes shall be entitled to conclusively 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 Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesJunior Subordinated Notes, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the CompanyIndebtedness, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVArticle, provided that the foregoing shall apply only if such court has been apprised of the provisions of this Article.

Appears in 5 contracts

Samples: Subordinated Note Indenture (Georgia Power Co), Southern Power Co, Agl Capital Corp

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVXII, the Trustee Trustee, subject to the provisions of Section 6.01, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XVXII.

Appears in 5 contracts

Samples: Indenture (Seacor Holdings Inc), Human Genome Sciences Inc, Spacehab Inc \Wa\

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 6.01, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XVArticle.

Appears in 5 contracts

Samples: Indenture (Diamondback Energy, Inc.), Indenture (Gulfport Buckeye LLC), Indenture (Jaguar Resources LLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVXIV, the Trustee Trustee, subject to the provisions of Section 6.01, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVXIV.

Appears in 5 contracts

Samples: Indenture (United Rentals Inc /De), United Rentals Realty, LLC, Wynne Systems Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company Issuers referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 601, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness Debt and other indebtedness of the CompanyIssuers, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVArticle.

Appears in 5 contracts

Samples: Indenture (American Natural Soda Ash Corp.), Indenture (Genesis Free State Holdings, LLC), Indenture (Rise Energy Operating, LLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVArticle, provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article.

Appears in 5 contracts

Samples: Indenture (Sinclair Broadcast Group Inc), Lease Agreement (Sinclair Broadcast Group Inc), Trustreet Properties Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company any Guarantor referred to in this Article XVX, the Trustee Trustee, subject to the provisions of Article VII hereof, and the Holders of the Securities Guarantees shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization, dissolution, winding up reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, 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 Securitiesthe Guarantees, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness Debt and other indebtedness Indebtedness of the CompanyGuarantors, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XV.X.

Appears in 5 contracts

Samples: Covenants (Dole Food Co Inc), Dole Food Co Inc, Dole Food Co Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets or securities of the Company Issuer referred to in this Article XVXIII, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness, Subordinated Indebtedness and other 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 XVXIII.

Appears in 4 contracts

Samples: Indenture (Axis Capital Holdings LTD), Indenture (AXIS Specialty Finance LLC), AXIS Specialty Finance LLC

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XV11, the Trustee Trustee, subject to the provisions of Section 7.01 hereof, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XV11.

Appears in 4 contracts

Samples: Indenture (Outdoor Systems Inc), Indenture (MWC Acquisition Sub Inc), Hayes Lemmerz International Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVXIV, the Trustee Trustee, subject to the provisions of Section 6.01, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XVXIV.

Appears in 4 contracts

Samples: Indenture (Enflex Corp), Indenture (Usf Glen Moore Inc.), Indenture (CVG Oregon, LLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVSixteen, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, 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 Subordinated Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders Holders of 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 XVSixteen.

Appears in 4 contracts

Samples: Indenture (TCP Capital Corp.), TCP Capital Corp., Indenture (Prospect Capital Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.0114.01, upon any payment or distribution of assets of the Company referred to in this Article XVXIV, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XVXIV.

Appears in 4 contracts

Samples: Shake Shack Inc., Shake Shack Inc., Shake Shack Inc.

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 9.01, and the Holders of the Securities shall be entitled to conclusively 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, liquidating trustee, custodianCustodian, 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 Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of 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 XVArticle.

Appears in 4 contracts

Samples: TrueBlue, Inc., TrueBlue, Inc., Nanogen Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of either the Company or a Subsidiary Guarantor referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 6.01, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the CompanyIndebtedness, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVArticle.

Appears in 4 contracts

Samples: Indenture (Teucarrier (No. 3) Corp.), Indenture (Neutron Marine Corp.), Top Tankers Inc.

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon any payment or distribution of assets of the Company Companies referred to in this Article XV, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness of the CompanyCompanies, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XV.

Appears in 4 contracts

Samples: Triton Container (TAL INTERNATIONAL CONTAINER Corp), NXP Semiconductors N.V., NXP Funding LLC

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company Issuer referred to in this Article XVTen, the Trustee Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Securities Notes shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization, dissolution, winding up reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securitiesthe Notes, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness 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 XVTen.

Appears in 4 contracts

Samples: Supplemental Indenture (Alere Inc.), Supplemental Indenture (Alere Inc.), Indenture (Alere Inc.)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company Issuer referred to in this Article XVXIII, the Trustee Trustee, subject to the provisions of Section 6.1, and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other 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 XVXIII.

Appears in 4 contracts

Samples: Indenture (AXIS Specialty Finance PLC), Subordinated Indenture (Argo Group Us, Inc.), Subordinated Indenture (Argo Group Us, Inc.)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon any payment or distribution of assets of the Company Issuer referred to in this Article XV, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other 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 XV.

Appears in 3 contracts

Samples: Indenture (SL Green Operating Partnership, L.P.), J C Penney Co Inc, SL Green Operating Partnership, L.P.

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company or any Guarantor referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 7.01, and the Holders of the Securities Notes shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesNotes, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XVArticle.

Appears in 3 contracts

Samples: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC), d1io3yog0oux5.cloudfront.net

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets or securities of the Company Issuer referred to in this Article XVXIII, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other 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 XVXIII.

Appears in 3 contracts

Samples: Indenture (AXIS Specialty Finance LLC), AXIS Specialty Finance LLC, AXIS Specialty Finance LLC

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.0116.01, upon any payment or distribution of assets of the Company referred to in this Article XVXVI, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XVXVI.

Appears in 3 contracts

Samples: s23.q4cdn.com, s23.q4cdn.com, s23.q4cdn.com

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 7.01, and the Holders of the Securities Notes shall be entitled to conclusively 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, 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 SecuritiesNotes, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of 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 XV10.

Appears in 3 contracts

Samples: Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc), Supplemental Indenture (Asbury Automotive Group Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVFifteen, the Trustee and the Holders of the Securities shall be entitled to conclusively 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 Trustee in bankruptcy, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XVFifteen.

Appears in 3 contracts

Samples: Hewlett Packard Enterprise Co, Brocade Communications Systems Inc, Epicor Software Corp

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.0112.01, upon any payment or distribution of assets of the Company referred to in this Article XV12, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XV12.

Appears in 3 contracts

Samples: Indenture (Western Digital Corp), Western Digital Technologies Inc, Graftech International LTD

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVXIII, the Trustee Trustee, subject to TIA Sections 315(a) through 315(d), and the Holders of the Securities Holders, shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, 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 SecuritiesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness Indebtedness of the Company, the amount thereof or payable thereonthereof, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVXIII.

Appears in 3 contracts

Samples: Cross Timbers Oil Co, Cross Timbers Oil Co, Xto Energy Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XV11, the Trustee Trustee, subject to the provisions of Section 7.1, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XV11.

Appears in 3 contracts

Samples: Purchase Agreement (Kapson Senior Quarters Corp), Heico Corp, Lomak Petroleum Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVX, the Trustee Trustee, subject to the provisions of Article VII hereof, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization, dissolution, winding up reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, 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 SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XV.X.

Appears in 3 contracts

Samples: Indenture (Vertis Inc), Indenture (Vertis Inc), Vertis Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 6.1, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XVArticle.

Appears in 3 contracts

Samples: Indenture (American Safety Insurance Holdings LTD), Indenture (Clarksburg Skylark, LLC), United States Surgical Corp

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company Guarantor referred to in this Article XV, the Trustee subject to the provisions of Section 7.02, and the Holders of the Debt Securities shall be entitled to conclusively 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, liquidating trustee, custodianCustodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Debt Securities, 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 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 XV.

Appears in 3 contracts

Samples: Warren Resources (Warren Resources of California Inc), Warren Resources (Warren Resources of California Inc), Warren Resources of California Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 6.1, and the ----------- Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XVArticle.

Appears in 2 contracts

Samples: Indenture (Medarex Inc), Siebel Systems Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVXIII, the Trustee Trustee, subject to the provisions of Section 6.3, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, 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 SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVArticle.

Appears in 2 contracts

Samples: Indenture (Ingersoll Rand Co), Indenture (Ingersoll Rand Co)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Article VI hereof, and the Holders of the Securities shall be entitled to conclusively 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 Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XVArticle, provided that the foregoing shall apply only if such court has been apprised of the provisions of this Article.

Appears in 2 contracts

Samples: Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Lincoln National Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, liquidating trustee, custodianCustodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or 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 XVArticle.

Appears in 2 contracts

Samples: Indenture (Vishay Intertechnology Inc), Novellus Systems Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVTen, the Trustee Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization, dissolution, winding up reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, 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 Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed dis- tributed thereon and all other facts pertinent thereto or to this Article XVTen.

Appears in 2 contracts

Samples: Building One Services Corp, Building One Services Corp

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XV11, the Trustee and the Holders of the Securities shall be entitled to conclusively rely upon any final, nonappealable order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, liquidating trustee, custodianCustodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or 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 XV11.

Appears in 2 contracts

Samples: Indenture (Laboratory Corp of America Holdings), Indenture (Laboratory Corp of America Holdings)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon any payment or distribution of assets of the Company Issuers referred to in this Article XV, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness of the CompanyIssuers, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XV.

Appears in 2 contracts

Samples: Indenture (J C Penney Co Inc), J C Penney Co Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Sections 6.1 and 6.3, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XVArticle.

Appears in 2 contracts

Samples: Indenture (Uromed Corp), Cuc International Inc /De/

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 601, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness Debt and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVArticle.

Appears in 2 contracts

Samples: Indenture (Burleson Water Resources, LLC), Indenture (Beta Operating Company, LLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company a Guarantor referred to in this Article XVTwelve, the Trustee Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization, dissolution, winding up reorganization or similar case or proceeding is pending, or upon a certificate of the trustee in bankruptcy, liquidating trustee, custodiantrus- tee, 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 SecuritiesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness Debt and other indebtedness Indebtedness of the Companysuch 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 XVTwelve.

Appears in 2 contracts

Samples: Building One Services Corp, Building One Services Corp

AutoNDA by SimpleDocs

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVTen, the Trustee Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization, dissolution, winding up reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVTen.

Appears in 2 contracts

Samples: Indenture (BWAY Holding CO), Bway Corp

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 6.1, and the Holders of the Securities and any coupons appertaining thereto shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesSecurities and any coupons appertaining thereto, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XVArticle.

Appears in 2 contracts

Samples: Royal Gold Inc /De/, Royal Gold Inc /De/

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon any payment or distribution of assets of the Company Issuer referred to in this Article XV, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness Debt and other 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 XV.

Appears in 2 contracts

Samples: Indenture (Healthpeak OP, LLC), Fourteenth Supplemental Indenture (Healthpeak Properties, Inc.)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVTen, the Trustee Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization, dissolution, winding up reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVTen.

Appears in 2 contracts

Samples: MTL Inc, Pacer Express Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XVArticle.

Appears in 2 contracts

Samples: Tech Data Corp, Tech Data Corp

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XV10, the Trustee Trustee, subject to the provisions of Section 7.01, and the Holders of the Securities Holders, shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, 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 SecuritiesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVArticle.

Appears in 2 contracts

Samples: Indenture (Prime Succession Inc), Rose Hills Co

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVXIII, the Trustee Trustee, subject to TIA Sections 315(a) through 315(d), and the Holders of the Securities Holders, shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness Indebtedness of the Company, the amount thereof or payable thereonthereof, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVXIII.

Appears in 2 contracts

Samples: Pogo Producing Co, Pogo Producing Co

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company Corporation referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 601, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness of the CompanyCorporation, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVArticle.

Appears in 2 contracts

Samples: Wellcare Health Plans, Inc., Wellcare Health Plans, Inc.

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVXIV, the Trustee Trustee, subject to TIA Sections 315(a) through 315(d), and the Holders of the Securities Holders, shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, 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 SecuritiesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness Indebtedness of the Company, the amount thereof or payable thereonthereof, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVXIV.

Appears in 2 contracts

Samples: Indenture (Flores & Rucks Inc /De/), Ocean Energy Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 7.1, and the Holders of the Securities Debentures shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesDebentures, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XVArticle.

Appears in 2 contracts

Samples: Indenture (Anthem Inc), Anthem Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVXII, the Trustee Trustee, subject to the provisions of Section 7.1, and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of 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 XVXII.

Appears in 2 contracts

Samples: Indenture (Apartment Investment & Management Co), Mail Well Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon any payment or distribution of assets of the Company referred to in this Article XV, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XV.. Section 15.10

Appears in 2 contracts

Samples: KEMPER Corp, Vectrus, Inc.

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company a Subordinating Party referred to in this Article XVSixteen, the Trustee and the applicable Holders of the Securities shall be entitled to conclusively 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, 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 such Holders of Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the distribution to such holders of Senior Indebtedness and other indebtedness of the Companysuch Subordinating Party, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVSixteen.

Appears in 2 contracts

Samples: Supplemental Indenture (Boston Scientific Corp), Supplemental Indenture (American Medical Systems Europe B.V.)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 601, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XVArticle.

Appears in 2 contracts

Samples: Union Planters Corp, Unumprovident Financing Trust Iii

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVTwelve, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of 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 XVTwelve.

Appears in 2 contracts

Samples: Ual Corp Capital Trust I, Ual Corp /De/

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 5.1, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XVArticle.

Appears in 2 contracts

Samples: Indenture Agreement (Protein Design Labs Inc/De), Cell Therapeutics Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company Issuer or any of the Guarantor Subsidiaries referred to in this Article XV13, the Trustee and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization, dissolution, winding up reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, 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 Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness 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 XV13.

Appears in 1 contract

Samples: Cone Mills Corp

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company Borrower referred to in this Article XVIX, the Trustee and the Holders of the Securities Lenders shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesLenders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness Indebtedness of the CompanyBorrower, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVIX.

Appears in 1 contract

Samples: Senior Subordinated Loan Agreement (Global Power Equipment Group Inc/)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company Issuer or the Guarantor Subsidiary referred to in this Article XV13, the Trustee and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization, dissolution, winding up reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, 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 Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness 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 XV13.

Appears in 1 contract

Samples: Indenture (Cone Mills Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this the Article XVEleven, the Trustee Trustee, subject to the provisions of Section 7.01 hereof, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding winding-up or similar case or proceeding proceedings is pending, or a certificate of the trustee in bankruptcy, receiver, 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 SecuritiesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVEleven.

Appears in 1 contract

Samples: Fairfield Manufacturing Co Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVAgreement, the Trustee Subordinated Agent and the Holders of the Securities Subordinated Creditor shall be entitled to conclusively 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, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee Subordinated Agent or to the Holders of SecuritiesSubordinated Creditor, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of 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 XVAgreement.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (Terremark Worldwide Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XV3, the Trustee Trustee, subject to the provisions of Section 6.02 of the Base Indenture, and the Holders of the Securities Notes shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securitiesthe Notes, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XVArticle.

Appears in 1 contract

Samples: Indenture (Peapack Gladstone Financial Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon any payment or distribution of assets of the Company referred to in this Article XV, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders theholders of 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 XV.. Table of Contents Exhibit 4.7.1

Appears in 1 contract

Samples: Indenture (Healthsouth Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVTen, the Trustee Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered de- cree made by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization, dissolution, winding up reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, 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 Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVTen.

Appears in 1 contract

Samples: Indenture (Bway Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 6.2, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XVArticle.

Appears in 1 contract

Samples: Advanced Energy Industries Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company a Guarantor referred to in this Article XV14, the Trustee Holders and the Holders holders of the Securities any Senior Indebtedness shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness Indebtedness of the Companysuch 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 XVSection 14.

Appears in 1 contract

Samples: Purchase Agreement (Iowa Telecommunications Services Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 6.1, and the ----------- Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganizationreorganiza tion, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or 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 XVArticle.

Appears in 1 contract

Samples: Digital Island Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVXII, the Trustee and the Holders of the Securities shall be entitled to conclusively 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, 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 Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of 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 XVXII.

Appears in 1 contract

Samples: Disney Capital Trust I

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company Issuer referred to in this Article XVTen, the Trustee Trustee, subject to the provisions of Section 7.01, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, 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 SecuritiesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness 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 XVArticle.

Appears in 1 contract

Samples: Registration Rights Agreement (Global Telesystems Group Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 6.1, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganizationreorganiza- tion, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distributiondistribu- tion, 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 XVArticle.

Appears in 1 contract

Samples: Indenture (United Waste Systems Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company Issuer referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 6.01, and the Holders of the Securities shall be entitled to conclusively 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, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person creditors making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other 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 XVArticle.

Appears in 1 contract

Samples: Indenture (Morgan Stanley)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to TIA Sections 315(a) through 315(d), and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, 117 105 winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XVArticle.

Appears in 1 contract

Samples: Satisfaction And (Afa Products Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XV16, the Trustee Trustee, subject to TIA Sections 315(a) through 315(d), and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XV16.

Appears in 1 contract

Samples: Indenture (Protection One Alarm Monitoring Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to TIA Sections 315(a) through 315(d), and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XVArticle.

Appears in 1 contract

Samples: Indenture (Extendicare Health Services Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Article 7, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XV13.

Appears in 1 contract

Samples: Indenture (Healthsouth Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVTen, the Trustee Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Securities Notes shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization, dissolution, winding up reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, 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 Securitiesthe Notes, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XV.Ten. 110

Appears in 1 contract

Samples: McMS Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVXIV, the Trustee Trustee, subject to the provisions of Section 6.01, and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVXIV.

Appears in 1 contract

Samples: Indenture (United Rentals Inc /De)

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this 98 90 Article XVTen, the Trustee Trustee, subject to the provisions of Section 7.01, and the Holders of the Securities Holders, shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, 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 SecuritiesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XVArticle.

Appears in 1 contract

Samples: Interface Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon Upon any payment or distribution of assets of the Company referred to in this Article XVArticle, the Trustee Trustee, subject to TIA Sections 315(a) through 315(d), and the Holders of the Securities shall be entitled to conclusively 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, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of 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 XVArticle.

Appears in 1 contract

Samples: Cendant Corp

Time is Money Join Law Insider Premium to draft better contracts faster.