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 37 contracts
Samples: Indenture (MicroAlgo Inc.), Indenture (WiMi Hologram Cloud Inc.), Indenture (MicroCloud Hologram 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 6.01, 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 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: Indenture (Laredo Midstream Services, LLC), Indenture (SN Cotulla Assets, LLC), Indenture (EP Energy 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 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 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 (Speedway Motorsports Inc), Indenture (Fpa Medical Management Inc), Indenture (Nexstar Pharmaceuticals 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 7.01, 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), Subordinated Indenture (Old Line Bancshares Inc), Subordinated Indenture (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: Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.), Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.), Subordinated Debt Indenture (Gazit Group Financial 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 6.1, 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 (Group Maintenance America Corp), Indenture (Integrated Electrical Services Inc), Indenture (Miller Mechanical Contractors 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 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 15.01, 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: Securities Purchase Agreement (Wilson Greatbatch Technologies Inc), Indenture (Tokheim Corp), Indenture (Tokheim 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 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, 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 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 8 contracts
Samples: Indenture (Moore Labels Inc), Indenture (Asap Software Express Inc), Indenture (Buhrmann Nederland 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 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 15.0115.1, 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 (Coors Brewing Co), Indenture (Molson Coors Beverage Co), Indenture (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 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 8 contracts
Samples: Indenture (North Haven Private Income Fund LLC), Indenture (Apollo Debt Solutions BDC), Indenture (HPS Corporate Lending Fund)
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: Indenture (Oni Systems Corp), Indenture (Extreme Networks Inc), Indenture (Oni Systems 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 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 (Aspect Telecommunications Corp), Indenture (Wellpoint Health Networks Inc /De/), Indenture (Aspect Telecommunications 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 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), Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Bea 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 thereon and all other facts pertinent thereto or to this Article XVTen.
Appears in 7 contracts
Samples: Indenture (Asap Software Express Inc), Indenture (Buhrmann Nederland B.V.), Indenture (Asap Software Express 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 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 XVArticle, the Trustee Trustee, subject to the provisions of Section 603, 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, 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 (Mho, LLC), Indenture (M/I Homes of Alabama, LLC), Indenture (M/I Homes of Grandview Yard, 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 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: Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.), Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.), Subordinated Debt Indenture (Gazit Group Financial 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 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.), Subordinated Debt Indenture (Intercontinental Exchange, Inc.), Subordinated Debt Indenture (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, 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 (Read Rite Corp /De/), Indenture (Read Rite Corp /De/), Indenture (Micron Technology 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 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: Senior Subordinated Indenture (United Rentals Realty, LLC), Indenture (United Rentals Inc /De), 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 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 (Titan Concrete 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 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 (Spacehab Inc \Wa\), Indenture (Human Genome Sciences Inc), Indenture (Itron 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 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: Indenture (Dole Food Co Inc), Indenture (Dole Food Co Inc), Indenture (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 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: Subordinated Indenture (Trustreet Properties Inc), Indenture (WCHS Licensee LLC), Indenture (Sinclair Broadcast 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 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.), Indenture (Intermagnetics General 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 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.), Indenture (TCP Capital Corp.), Indenture (Prospect 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 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 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: Junior Subordinated Indenture (Axis Capital Holdings LTD), Junior Subordinated Indenture (AXIS Specialty Finance LLC), Junior Subordinated Indenture (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 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 4 contracts
Samples: Indenture (American Safety Insurance Holdings LTD), Indenture (Clarksburg Skylark, LLC), Indenture (United States Surgical 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: Indenture (Shake Shack Inc.), Indenture (Shake Shack Inc.), Indenture (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 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 (Hayes Lemmerz International Inc), Indenture (Outdoor Systems Inc), Indenture (MWC Acquisition Sub 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: Indenture (NXP Semiconductors N.V.), Indenture (NXP Funding LLC), Indenture (Triton 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 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: Subordinated 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 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: Indenture (TrueBlue, Inc.), Indenture (TrueBlue, Inc.), Indenture (Avnet 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 Noteholders 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 SecuritiesNoteholders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness Obligations 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 (Sepracor Inc /De/), Indenture (Sepracor Inc /De/), Indenture (Sepracor Inc /De/)
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), Indenture (Western Digital Technologies Inc), Indenture (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: Indenture (Cross Timbers Oil Co), Indenture (Cross Timbers Oil Co), Indenture (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 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, 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 3 contracts
Samples: Subordinated Indenture (Abn Amro Bank Nv), Subordinated Indenture (Abn Amro Bank Nv), Subordinated Indenture (Abn Amro Bank Nv)
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: Indenture (Hewlett Packard Enterprise Co), Indenture (Brocade Communications Systems Inc), Indenture (Epicor Software 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 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), Indenture
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: Subordinated Indenture (AXIS Specialty Finance LLC), Subordinated Indenture (AXIS Specialty Finance LLC), Subordinated Indenture (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 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), 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 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 3 contracts
Samples: Indenture (Horsehead Corp), Indenture (Horsehead Corp), Indenture (Ruth's Chris Steak House Texas, 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 referred to in this Article XV13, the Trustee Trustee, subject to the provisions of Article 5, 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 XV13.
Appears in 3 contracts
Samples: Indenture (Interliant Inc), Indenture (Interliant Inc), Indenture (Earthweb 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), Indenture (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 XVThirteen, the Trustee Trustee, subject to the provisions of Section 6.1, 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 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 XVThirteen.
Appears in 3 contracts
Samples: Indenture (Signature Resorts Inc), Indenture (Signature Resorts Inc), Indenture (Signature Resorts 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 7.01, 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 3 contracts
Samples: Subordinated Indenture (CVS HEALTH Corp), Subordinated Indenture (CVS Caremark Corp), 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 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: Indenture (Heico Corp), Purchase Agreement (Kapson Senior Quarters Corp), Indenture (Lomak Petroleum Inc)
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
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 (J C Penney Co Inc), Indenture (SL Green Operating Partnership, L.P.), Indenture (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 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 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 XV10.
Appears in 2 contracts
Samples: Indenture (Network Associates Inc), Indenture (Network Associates 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 XVthe Intercreditor Agreement, the Trustee Trustee, subject to the provisions of Article VII 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 SecuritiesHolders, 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 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 XVthe Intercreditor Agreement.
Appears in 2 contracts
Samples: Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group 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 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
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: Indenture (Wellcare Health Plans, Inc.), Indenture (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/), Indenture (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 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 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 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 (Tech Data Corp), Indenture (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 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
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 XVXII, 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 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 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 XVXII.
Appears in 2 contracts
Samples: Indenture (Vertis Inc), Indenture (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 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), Indenture (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: Indenture (Building One Services Corp), Indenture (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 XV12, the Trustee Trustee, subject to the provisions of Section 6.01, 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 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, 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 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 2 contracts
Samples: Indenture (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment Trust, 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 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: Indenture (Pogo Producing Co), Indenture (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 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: Indenture (Ual Corp /De/), Indenture (Ual Corp 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 Trust or the Corporation, as the case may be, referred to in this Article XVArticle, the Trustee Trustee, subject to the provisions of Section 601, and the Holders of the Securities and Coupons 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 or Coupons, 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 such 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 (Starwood Lodging Corp), Indenture (Starwood Lodging Trust)
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 Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, receiver, assignee for the [TPW: NYLEGAL:665375.4] 20965-00009 07/19/2007 07:27 PM 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 XVXII.
Appears in 2 contracts
Samples: Trust Agreement (Independent Bank Corp /Mi/), Junior Subordinated Indenture (Independent Bank Corp /Mi/)
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 XV10, the Trustee Trustee, subject to the provisions of Article 7 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 Senior Creditors and other 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 XV10.
Appears in 2 contracts
Samples: Indenture (American Greetings Corp), Indenture (American Greetings 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 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: Indenture (Unumprovident Financing Trust Iii), Indenture (Union Planters 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 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 (Cuc International Inc /De/), Indenture (Uromed 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 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 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), 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 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), Indenture (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 XVArticle, the Trustee Trustee, subject to the provisions of Section 6.1 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 SecuritiesNotes, 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: Second Supplemental Indenture (Axos Financial, Inc.), Second Supplemental Indenture (Axos Financial, 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 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), Indenture (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 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 SecuritiesHolders, 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 2 contracts
Samples: Indenture (Sensata Technologies Holland, B.V.), Indenture (Sensata Technologies 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 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), Indenture (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 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), Indenture (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 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: Indenture (Boston Scientific Corp), Indenture Agreement (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 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), Indenture (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 XV4, the Trustee Trustee, subject to the provisions of Section 9.01, and the Holders 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 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 XV4.
Appears in 2 contracts
Samples: Indenture (Commscope Inc), Indenture (Commscope 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 Company 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 (Kingsway Financial Services Inc), Indenture (Kingsway Financial 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 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
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 602, and the Holders of the Securities Securi- ties shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvencyinsol- vency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pendingpend- ing, 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 distributiondistri- bution, delivered to the Trustee or to the Holders of SecuritiesSecuri- ties, 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
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 or securities 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 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 1 contract
Samples: Subordinated Indenture (Blackstone Holdings I 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 referred to in this Article XV10, 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 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 XV10.
Appears in 1 contract
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 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 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 XV16.
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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 Agent, 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 Agent in bankruptcy, liquidating trusteeAgent, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee Agent 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.
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Samples: Indenture (Autobond Acceptance 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 XVSixteen, the Trustee Trustee, subject to the provisions of Article Six, and the Holders of the Securities of a series 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 SecuritiesSecurities of that series, 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 XVSixteen.
Appears in 1 contract
Samples: Indenture (Motorola 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 Convertible 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 in writing to the Trustee or to the Holders of SecuritiesConvertible 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 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.
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Samples: Indenture (Usn Communications 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 XVEleven, the Trustee and the Holders of the Securities shall be entitled to conclusively rely and shall be fully protected in acting or refraining from acting 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 XVEleven.
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Reliance on Judicial Order or Certificate of Liquidating Agent. Subject to Section 15.01, upon 117 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 6.3, 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 Senior Indebtedness and other indebtedness of the Company, 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.
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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 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 making such payment or distribution, delivered in writing 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 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 (PLD Telekom 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 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: Subordinated Indenture (Inco LTD)