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

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuers referred to in this Article, the Trustee, subject to the provisions of Section 6.01, and the holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt and other indebtedness of the Issuers, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 3 contracts

Samples: Indenture (Meristar Hospitality Corp), Meristar Sub 7g (Meristar Hospitality Operating Partnership Lp), Meristar Hospitality Operating Partnership Lp

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Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of the Issuers a Guarantor referred to in this ArticleArticle 12, the Trustee, subject to the provisions of Section 6.01, Trustee and the holders Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the holders Holders of Securities, the Notes for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor and other indebtedness of the Issuerssuch Guarantor, the amount amounts thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle 12.

Appears in 3 contracts

Samples: Indenture (Salton Maxim Housewares Inc), Alliance Laundry Holdings LLC, Alliance Laundry Holdings LLC

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuers Company referred to in this Article, the Trustee, subject to the provisions of Section 6.01Article VI, and the holders Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the holders Holders of the Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness and other indebtedness of the IssuersCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 2 contracts

Samples: Indenture (Metris Companies Inc), Indenture (Metris Companies Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuers Issuer referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Section 6.015.1, and the holders Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by any a court of competent jurisdiction in which such Proceeding is any proceedings of the nature referred to in Section 11.2 are pending, or a certificate of the trustee in bankruptcyadministrator, receiver, liquidating liquidator, curator, sequestrator, trustee, custodian, assignee for other similar officer of the benefit of creditors, agent Issuer or other Person person making such payment or distribution, delivered to the Trustee or to the holders Holders of Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness and other indebtedness of the IssuersIssuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Eleven.

Appears in 2 contracts

Samples: Stolt Offshore S A, Stolt Offshore S A

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuers Company referred to in this Article, the Trustee, subject to the provisions of Section 6.016.1, and the holders Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the holders Holders of Securities, Securities for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness and other indebtedness of the IssuersCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 2 contracts

Samples: Patterson Energy Inc, Stillwater Mining Co /De/

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuers Company referred to in this ArticleArticle Ten, the Trustee, subject to the provisions of Section 6.01Article Seven hereof, and the holders Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or a upon certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the holders Holders of Securitiesthe Notes, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt and other indebtedness Indebtedness of the IssuersCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Ten.

Appears in 2 contracts

Samples: Info Usa, Nationsrent Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of the Issuers a Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 6.01, Trustee and the holders Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the holders Holders of Securities, the Notes for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness of such Guarantor and other indebtedness of the Issuerssuch Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Twelve.

Appears in 2 contracts

Samples: Polymer Group Inc, Polymer Group Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuers any Guarantor referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Section 6.01Article Seven hereof, and the holders of the Securities Holders shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or a upon certificate of the receiver, trustee in bankruptcy, receiverbank- ruptcy, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the holders of SecuritiesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt and other indebtedness Indebtedness of the Issuerssuch Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Eleven.

Appears in 1 contract

Samples: Outsourcing Services (Aerosol Services Co Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuers any Guarantor referred to in this ArticleArticle Thirteen, the Trustee, subject to the provisions of Section 6.01Article Six, and the holders Holders of the Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the holders Holders of the Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness and other indebtedness Indebtedness of the Issuerssuch Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Thirteen.

Appears in 1 contract

Samples: Aearo CO I

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuers or securities referred to in this ArticleArticle 15, the Trustee, subject to the provisions of Section 6.01, Trustee and the holders of the Securities Holders shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other similar Person making such payment or distribution, delivered to the Trustee or to the holders of Securities, Holders for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness and other indebtedness Indebtedness of the Issuersa 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 15, PROVIDED that such court, trustee, receiver, custodian, assignee, agent or other Person has been apprised of, or the order, decree or certificate makes reference to, the provisions of this Article.

Appears in 1 contract

Samples: Protection One Alarm Monitoring Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuers Issuer referred to in this ArticleArticle Ten, the Trustee, subject to the provisions of Section 6.01Article Seven hereof, and the holders Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the holders Holders of Securitiesthe Notes, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt and other indebtedness Indebtedness of the IssuersIs- 113 -104- suer, the xxe amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Ten.

Appears in 1 contract

Samples: Caterair International Inc /Ii/

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Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuers any Guarantor referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Section 6.01Article Seven hereof, and the holders Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or a upon certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the holders of Securitiesthe Notes, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt and other indebtedness Indebtedness of the Issuerssuch 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.Article Eleven. 104

Appears in 1 contract

Samples: Nationsrent Inc

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuers Company referred to in this Article, the Trustee, subject to the provisions of Section 6.01, and the holders Holders of the Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the holders Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt and other indebtedness of the IssuersCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 1 contract

Samples: Indenture (Geo MCF Lp, LLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuers Guarantors referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 6.01Article Seven hereof, and the holders Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the holders Holders of Securitiesthe Notes, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt and other indebtedness Indebtedness of the IssuersGuarantors, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Twelve.

Appears in 1 contract

Samples: Cambridge Industries Inc /De

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuers Company referred to in this Article, the Trustee, subject to the provisions of Section 6.01Article Six, and the holders Holders of the Securities Debentures shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the holders Holders of SecuritiesDebentures, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt and other indebtedness of the IssuersCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 1 contract

Samples: Indenture (Vib Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuers Guarantor referred to in this Article, the Guarantee Trustee, subject to the provisions of Section 6.01Article 3, and the holders of the Securities Holders shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such a Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Guarantee 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 Debt and other indebtedness of the IssuersGuarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 1 contract

Samples: Guarantee Agreement (Boise Cascade Trust Iii)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuers any Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 6.01Article Seven hereof, and the holders Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the holders Holders of Securitiesthe Notes, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt and other indebtedness Indebtedness of the Issuerssuch Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Twelve.

Appears in 1 contract

Samples: Covenants (Railworks Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuers Guarantors referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 6.01Article Seven hereof, and the holders Holders of the Securities Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the holders Holders of Securitiesthe Notes, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness and other indebtedness Indebtedness of the IssuersGuarantors, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Twelve.

Appears in 1 contract

Samples: Royal Oak Mines Inc

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