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 a Subsidiary Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 601, 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 Guarantor 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 of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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.

Appears in 44 contracts

Samples: Subordinated Indenture (Falcon Aero Holdings LLC), Subordinated Indenture (Chord Energy Corp), Subordinated Indenture (Bristow Helicopters Inc)

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Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Company referred to in this Article, the Trustee, subject to the provisions of Section 6016.01, 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 Guarantor Proceeding insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such Subsidiary GuarantorIndebtedness, 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 11 contracts

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

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee and the 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 Guarantor 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 of Securities, 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 of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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 11 contracts

Samples: Indenture (America Bank Note Holographics Inc), Indenture (Tci Satellite Entertainment Inc), Indenture (Aas Capital Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the 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 Guarantor Proceeding any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending, or upon a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodianreceiver, 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 Debt and other Indebtedness of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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 8 contracts

Samples: Indenture (Quality Distribution Inc), Indenture (BWAY Holding CO), Indenture (Bway Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Corporation referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, 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 Guarantor 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 of such Subsidiary Guarantor Indebtedness and other indebtedness of such Subsidiary Guarantorthe Corporation, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 5 contracts

Samples: Junior Subordinated Indenture (First Coastal Capital Trust), Junior Subordinated Indenture (Everest Re Group LTD), Junior Subordinated Indenture (Everest Re Capital Trust)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee and the 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 Guarantor 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 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 Subsidiary Guarantor and other indebtedness of such Subsidiary 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 4 contracts

Samples: Indenture (Atlantic Broadband Management, LLC), Senior Subordinated Indenture (Pasta Group L L C), Indenture (Amo Holdings LLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this ArticleArticle Thirteen, the Trustee, subject to the provisions of Section 601, Trustee and the 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 Guarantor 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 of Securities, 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 of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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 4 contracts

Samples: Indenture (HPH Homebuilders 2000 Lp), Indenture (Collins & Aikman Products Co), Indenture (Horton D R Inc /De/)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary any Guarantor referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the 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 Guarantor 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 persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt and other Indebtedness of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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 3 contracts

Samples: Indenture (Neff Corp), Indenture (Landmark Theatre Corp), Indenture (Air Rental Supply Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Guarantor referred to in this ArticleArticle Thirteen, the Trustee, subject to the provisions of Section 6015.1, and the 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 Guarantor Proceeding is any proceedings of the nature referred to in Section 13.4 are pending, or a certificate of the trustee in bankruptcyadministrator, receiver, liquidating trusteeliquidator, custodian, assignee for trustee, other similar officer of the benefit of creditors, agent Guarantor 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 Guarantor Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness of such Subsidiary 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 ArticleArticle Thirteen.

Appears in 3 contracts

Samples: Indenture (Newmont Usa LTD), Indenture (Newmont Mining Corp /De/), Indenture (Newmont Mining Corp /De/)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.01, 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 Guarantor 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 of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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.

Appears in 3 contracts

Samples: Subordinated Indenture (Bold Energy III LLC), Subordinated Indenture (Davis Petroleum Corp.), Subordinated Indenture (Halcon Resources Operating, Inc.)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Company referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, 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 Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, conservator,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 of such Subsidiary Guarantor Indebtedness and other indebtedness of such Subsidiary Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (Equitable Resources Capital Trust I), Junior Subordinated Indenture (Equitable Resources Inc /Pa/), Junior Subordinated Indenture (Equitable Resources Capital Trust I)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Guarantor referred to in this ArticleArticle Thirteen, the Trustee, subject to the provisions of Section 6015.1, and the 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 Guarantor Proceeding is any proceedings of the nature referred to in Section 13.4 are pending, or a certificate of the trustee in bankruptcyadministrator, bewindvoerder, receiver, liquidating liquidator, curator, sequestrator, trustee, custodian, assignee for other similar officer of the benefit of creditors, agent Guarantor 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 Guarantor Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness of such Subsidiary 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 ArticleArticle Thirteen.

Appears in 3 contracts

Samples: Subordinated Debt Indenture (Ahold Finance Usa Inc), Subordinated Debt Indenture (Royal Ahold), Subordinated Debt Indenture (Royal Ahold)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary the Company or any Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, 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 Guarantor Proceeding 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 of such Subsidiary Guarantor and other indebtedness of such Subsidiary the Company or any 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.

Appears in 2 contracts

Samples: Subordinated Indenture (Allied Waste Industries Inc), Subordinated Indenture (Allied Waste Industries Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a any Subsidiary Guarantor referred to in this ArticleArticle XII, the Trustee, subject to the provisions of Section 601Article VII hereof, and the 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 Guarantor Proceeding is Insolvency or Liquidation Proceedings are pending, or a upon certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent Custodian 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 of such Subsidiary Guarantor Indebtedness and other indebtedness Indebtedness of such Subsidiary 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 XII.

Appears in 2 contracts

Samples: Indenture (PSS Holding Inc), Indenture (Everest One Ipa Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Company referred to in this Article, the Trustee, subject to the provisions of Section 601, Trustee 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 Guarantor Proceeding insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness of such Subsidiary Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 2 contracts

Samples: Indenture (Hancock Holding Co), Indenture (Allegheny Technologies Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor Publishing referred to in this Article, the Trustee, subject to the provisions of Section 601, Trustee 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 Guarantor Proceeding insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness Indebtedness of such Subsidiary GuarantorPublishing, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article.

Appears in 2 contracts

Samples: Senior Subordinated Indenture (Hollinger International Publishing Inc), Indenture (Hollinger International Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Company referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, 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 Guarantor Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent of the foregoing 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 of such Subsidiary Guarantor and other indebtedness of such Subsidiary Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Hl&p Capital Trust I), Junior Subordinated Indenture (Hl&p Capital Trust Iv)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary the Company or any Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, 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 Guarantor Proceeding proceeding is pending, or a -103- 112 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 of such Subsidiary Guarantor and other indebtedness of such Subsidiary the Company or any 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.

Appears in 2 contracts

Samples: Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, 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 Guarantor 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 of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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.

Appears in 2 contracts

Samples: Subordinated Indenture (California Resources Real Estate Ventures, LLC), Subordinated Indenture (California Resources Production Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee and the 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 Guarantor 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 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 Subsidiary Guarantor and other indebtedness of such Subsidiary 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: Indenture (Polymer Group Inc), Indenture (Polymer Group Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor or securities referred to in this ArticleArticle Two, the Trustee, subject to the provisions of Section 601, [Subordinated Debt Trustee and the Holders the] holders of the Securities Subordinated Debt Instruments shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Guarantor 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 Subordinated Debt Trustee or to or] the Holders holder of Securities, the Subordinated Debt Instruments for the purpose of ascertaining the Persons person entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness of such Subsidiary Guarantorthe [Credit Party], the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Two.

Appears in 2 contracts

Samples: Indenture (Global Crossing LTD), Indenture (Global Crossing North America Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor referred to in this ArticleArticle 11, the Trustee, subject to the provisions of Section 601, Trustee 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 Guarantor Proceeding insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness and other Indebtedness of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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 11.

Appears in 2 contracts

Samples: Indenture (TNP Enterprises Inc), Indenture (Brickman Group LTD)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Company or Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the 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 Guarantor 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 of SecuritiesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary or Guarantor Senior Debt and other indebtedness Indebtedness of such Subsidiary Guarantorthe Company, 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: Indenture (Vs Holdings Inc), Indenture (Simonds Industries Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6015.01, 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 Guarantor Proceeding insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesNoteholders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Guarantor's Senior Debt of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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.

Appears in 1 contract

Samples: First Supplemental Indenture (Abn Amro Bank Nv)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee and the 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 Guarantor 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 of Securities, 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 of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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: Indenture (Gentek Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of Holdings or a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee and the 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 Guarantor 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 of Securities, the Securities for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness of Holdings or of such Subsidiary Guarantor and other indebtedness of Holdings or such Subsidiary 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: Indenture (Graham Packaging Holdings Co)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary any Guarantor referred to in this ArticleArticle 12, the Trustee, subject to the provisions of Section 601Article 6, and the 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 Guarantor 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 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 of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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 12.

Appears in 1 contract

Samples: Indenture (Panolam Industries International Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a any Subsidiary Guarantor referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the 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 Guarantor 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 persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt of such Subsidiary Guarantor and other indebtedness Indebtedness of such Subsidiary 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: Indenture (Koppers Industries Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Corporation or the Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, 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 Guarantor 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, Securities for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such Subsidiary the Corporation 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.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Banponce Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a any Subsidiary Guarantor referred to in this ArticleArticle XIV, the Trustee, subject to the provisions of Section 601Article VII hereof, and the 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 Guarantor 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 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 Guarantor Senior Debt of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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 XIV.

Appears in 1 contract

Samples: Indenture (Amerisource Health Corp/De)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 601, Trustee and the 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 Guarantor 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 of Securities, the Securities for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Debt Guarantor Indebtedness of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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.

Appears in 1 contract

Samples: Indenture (Black Creek Management LLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Company referred to in this Article, the Trustee, subject to the provisions of Section 601, Trustee 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 Guarantor Proceeding insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such Subsidiary Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Appears in 1 contract

Samples: Indenture (Monmouth Real Estate Investment Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee and the 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 Guarantor Proceeding is bankruptcy, 88 89 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 of Securities, 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 of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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: Indenture (Scot Inc)

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Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a any Subsidiary Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 601, 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 Subsidiary Guarantor 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 SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such a Subsidiary Guarantor and other indebtedness of such Subsidiary 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.

Appears in 1 contract

Samples: Indenture (Iridium Facilities Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary any Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee and the 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 Guarantor 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 of Securities, the Securities for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness of such Subsidiary any Guarantor and other indebtedness Indebtedness of such Subsidiary 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: Indenture (Carson Products Co)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601, Trustee 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 Guarantor 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 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 Subsidiary Guarantor and other indebtedness of such Subsidiary 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: Indenture (Language Line Costa Rica, LLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a the Subsidiary Guarantor Guarantors referred to in this Article, the Trustee, subject to the provisions of Section 601, 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 Guarantor 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 Indebtedness of such a Subsidiary Guarantor and other indebtedness of such Subsidiary 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.

Appears in 1 contract

Samples: Subordinated Debt Indenture (Key3media Group Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary the Guarantor referred to in this ArticleArticle Thirteen, the Trustee, subject to the provisions of Section 601, Trustee and the 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 Guarantor 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 of Securities, the Securities for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Guarantor Senior Indebtedness of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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 ArticleArticle Thirteen.

Appears in 1 contract

Samples: Indenture (Collins & Aikman Products Co)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred re- ferred to in this Article, the Trustee, subject to the provisions of Section 601, Trustee and the 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 Guarantor Proceeding is bankruptcy, dissolution, winding-up, liquidation or re- organization 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 of Securities, the Se- curities 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 Subsidiary Guarantor and other indebtedness of such Subsidiary Guarantor, the amount thereof or payable pay- able 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 (Newport News Shipbuilding Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a any Subsidiary Guarantor referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the 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 Guarantor 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 persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness Indebtedness of such Subsidiary 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: Indenture (Tracor Inc /De)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Company or Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the 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 Guarantor 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 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 Debt of such Subsidiary or Guarantor Senior Debt and other indebtedness Indebtedness of such Subsidiary Guarantorthe Company, 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: Indenture (Spanish Broadcasting System Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Company referred to in this Article, the Trustee, subject to the provisions of Section 601, Trustee 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 Guarantor Proceeding insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor Indebtedness and other indebtedness of such Subsidiary Guarantorthe Company and the Entitled Persons in respect of Other Financial Obligations, 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 (First State Bancorporation)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Guarantor referred to in this Article, the Guarantee Trustee, subject to the provisions of Section 601Article 3, 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 Guarantor 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 Senior Debt of such Subsidiary Guarantor Secured Indebtedness and other indebtedness of such Subsidiary 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.

Appears in 1 contract

Samples: Guarantee Agreement (Big Flower Holdings Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 601, Trustee and the 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 Guarantor 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 of Securities, 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 of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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.

Appears in 1 contract

Samples: Indenture (Frontiervision Capital Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary any Guarantor referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Section 601Article Seven hereof, and the 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 Guarantor 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 persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness and other Indebtedness of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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: Indenture (Carpenter W R North America Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary the Company or any Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, 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 Guarantor 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 of such Subsidiary Guarantor and other indebtedness of such Subsidiary the Company or any 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.

Appears in 1 contract

Samples: Senior Subordinated Indenture (Allied Waste Industries Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Company or the Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, 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 Guarantor 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 of such Subsidiary Guarantor and other indebtedness of such Subsidiary the Company 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.

Appears in 1 contract

Samples: Junior Subordinated Indenture (FPC Capital Ii)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.01, and the Holders of the Securities shall be entitled to rely upon any order or 58 decree entered by any court of competent jurisdiction in which such Guarantor 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 of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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.

Appears in 1 contract

Samples: Subordinated Indenture (Lynden USA Inc.)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a the Subsidiary Guarantor Guarantors referred to in this Article, the Trustee, subject to the provisions of Section 601Article VI, 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 Guarantor 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 Indebtedness of such a Subsidiary Guarantor and other indebtedness of such Subsidiary 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.

Appears in 1 contract

Samples: Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary Guarantor the Borrower referred to in this ArticleSection 4.3 of the Indenture, the Trustee, subject to the provisions of Section 601, Trustee 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 Guarantor Insolvency or Liquidation Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, 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 SecuritiesNoteholders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor First Priority Lien Obligations and other indebtedness of such Subsidiary Guarantorthe Borrower, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleSection 2.

Appears in 1 contract

Samples: Intercreditor and Subordination Agreement (Electroglas Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary the Corporation or the Guarantor referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, and the Holders of the Securities and the Guarantees, respectively, shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Guarantor 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 SecuritiesSecurities or the Guarantees, as the case may be, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Subsidiary Guarantor and other indebtedness of such Subsidiary the Corporation 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.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Banponce Trust Ii)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a any Subsidiary Guarantor referred to in this ArticleArticle XIV, the Trustee, subject to the provisions of Section 601Article VII hereof, and the 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 Guarantor 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 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 Subsidiary Senior Debt of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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 XIV.

Appears in 1 contract

Samples: Indenture (Atmi Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of a Subsidiary any Guarantor referred to in this ArticleArticle Thirteen, the Trustee, subject to the provisions of Section 601Article Six, and the 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 Guarantor 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 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 of such Subsidiary Guarantor and other indebtedness of such Subsidiary 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: Indenture (Aearo CO I)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Subsidiary Guarantor referred to in this ArticleArticle Eight, the Trustee, subject to the provisions of Section 601, Trustee and the 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 Guarantor 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 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 Subsidiary Guarantor and other indebtedness of such Subsidiary 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 Eight.

Appears in 1 contract

Samples: Supplemental Indenture (Canandaigua LTD)

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