Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Ten, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 Ten.
Appears in 4 contracts
Samples: Indenture (Amida Industries Inc), Indenture (Wellman North America Inc), Indenture (Terex Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company any Subsidiary Guarantor referred to in this Article TenTwelve, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article TenTwelve, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the each Subsidiary Guarantor's Senior Indebtedness of the Company and other Indebtedness of the Companyany 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 TenTwelve.
Appears in 4 contracts
Samples: Indenture (Terex Corp), Indenture (Wellman North America Inc), Indenture (Amida Industries Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuer referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 Ten.
Appears in 4 contracts
Samples: Supplemental Indenture (Alere Inc.), Sixteenth Supplemental Indenture (Alere Inc.), Ninth Supplemental Indenture (Alere Inc.)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article TenArticle, the Trustee, subject to the provisions of Article Seven hereofSection 6.1, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 TenArticle. * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 3 contracts
Samples: Indenture (Peter Kiewit Sons Inc /De/), Indenture (Kiewit Materials Co), Indenture (Peter Kiewit Sons Inc /De/)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuer referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 Ten.
Appears in 3 contracts
Samples: Indenture (LEM America, Inc), Indenture (Warner Alliance Music Inc), Indenture (UGS PLM Solutions Asia/Pacific INC)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuer referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 Ten.
Appears in 3 contracts
Samples: Indenture (PQ Systems INC), Indenture (Warner Chilcott CORP), Indenture (LCE AcquisitionSub, Inc.)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company any Guarantor referred to in this Article TenTwelve, the Trustee, subject to the provisions of Article Seven hereof, such Paying Agent and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness Debt of the Company such Guarantor and other 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 TenTwelve; provided that such court receiver, trustee, assignee, agent or other Person has been made aware of this Article Twelve.
Appears in 3 contracts
Samples: Indenture (Del Monte Foods Co), Supplemental Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article Ten12, the Trustee, subject to the provisions of Article Seven Section 8.01 hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company Debt and other Indebtedness Debt 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 Ten12; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article 12.
Appears in 3 contracts
Samples: Master Transaction Agreement (Cig Media LLC), Master Transaction Agreement (Cig Media LLC), Master Transaction Agreement (Ion Media Networks Inc.)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Guarantor referred to in this Article TenXV, the Trustee, Trustee subject to the provisions of Article Seven hereofSection 7.02, and the Holders of the Notes Debt Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, 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 NotesDebt Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness and other indebtedness of the Company and other Indebtedness of the CompanyGuarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TenXV.
Appears in 3 contracts
Samples: Indenture (Warren Resources of California Inc), Indenture (Warren Resources of California Inc), Indenture (Warren Resources of California Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company a Guarantor referred to in this Article TenTwelve, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trusteetrus- tee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness of the Company Debt and other 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 TenTwelve.
Appears in 2 contracts
Samples: Indenture (Building One Services Corp), Indenture (Building One Services Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article TenArticle, the Trustee, subject to the provisions of Article Seven hereofSection 6.1, and the Holders of the Notes Securities and any coupons appertaining thereto shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesSecurities and any coupons appertaining thereto, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 TenArticle.
Appears in 2 contracts
Samples: Indenture (Royal Gold Inc /De/), Indenture (Royal Gold Inc /De/)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company any Subsidiary Guarantor referred to in this Article TenArticle, the Trustee, subject to the provisions of Article Seven hereofTrust Indenture Act Sections 315(a) through 315(d), and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization such bankruptcy or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness of the Company and other Indebtedness indebtedness of the Companysuch 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 TenArticle; 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 2 contracts
Samples: Fourth Supplemental Indenture (Hanover Compression Lp), First Supplemental Indenture (Hanover Compressor Co /)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Guarantor referred to in this Article TenArticle, the Trustee, subject to the provisions of Article Seven hereofSection 9.01, and the Holders of the Notes Securities shall be entitled to conclusively rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, 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 NotesSecurities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness of the Company Debt and other Indebtedness of the CompanyGuarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TenArticle.
Appears in 2 contracts
Samples: Indenture (Kingsway Financial Services Inc), Indenture (Kingsway Financial Services Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Guarantor referred to in this Article Ten17, the Trustee, subject to the provisions of Article Seven hereof6, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivershipliquidation, dissolution, winding-up, liquidationreorganization, reorganization assignment for the benefit of creditors, marshaling of assets, bankruptcy, examinorship, reorganization, insolvency, receivership or other similar case or proceeding proceeding, is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person similar Person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness of the Company Debt and other 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 Ten17.
Appears in 2 contracts
Samples: Limited Waiver (Elan Corp PLC), Limited Waiver (Elan Corp PLC)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company any Guarantor referred to in this Article TenArticle, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness of the Company 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 TenArticle, 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: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company or securities referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, liquidation or reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenproceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person similar Person making such payment or distribution, delivered to the Trustee or to the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 Ten, 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 2 contracts
Samples: Indenture (Regal Cinemas Inc), Indenture (Regal Cinemas Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company or any Guarantor referred to in this Article Ten18, the Trustee, subject to the provisions of Article Seven hereofSection 7.01, and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 Notes, for the purpose of ascertaining whether such payment or distribution is permissible under the persons terms of this Article 18, including, without limitation for the purpose of ascertaining whether the Persons are entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 Ten18.
Appears in 2 contracts
Samples: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company any Guarantor referred to in this Article TenThirteen, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness Debt of the Company such Guarantor and other 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 TenThirteen.
Appears in 2 contracts
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, each Paying Agent and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 Ten provided that such court, trustee, assignee, agent or other Person has been made aware of this Article Ten.
Appears in 2 contracts
Samples: Indenture (Del Monte Foods Co), Supplemental Indenture (Del Monte Foods Co)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuers referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company Debt and other Indebtedness of the CompanyIssuers or their Restricted Subsidiaries, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten.
Appears in 2 contracts
Samples: Indenture (Quality Distribution Inc), Indenture (Quality Distribution Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Hollxxxxx Xxxernational referred to in this Article TenArticle, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Guarantor Indebtedness of the Company and other Indebtedness indebtedness of the CompanyHollxxxxx Xxxernational, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TenArticle; 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 the Company referred to in this Article TenSixteen, the Trustee, subject to the provisions of Article Seven hereofSix, and the Holders of the Notes Securities of a series shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, 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 NotesSecurities of that series, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 TenSixteen.
Appears in 2 contracts
Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuer or the Co-Issuer referred to in this Article TenX, the Trustee, subject to the provisions of Article Seven VII hereof, and the Holders of the Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee Trustee in bankruptcy, liquidating trustee, receiverTrustee, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company Debt and other Indebtedness of the CompanyIssuer or the Co-Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten.X.
Appears in 1 contract
Samples: Indenture (Barrington Quincy LLC)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuers referred to in this Article Ten11, the Trustee, subject to the provisions of Article Seven Section 7.01 hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 Ten11; provided that the foregoing shall -------- apply only if such court has been fully apprised of the provisions of this Article 11.
Appears in 1 contract
Samples: Indenture (Petersen Holdings LLC)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or of distribution of assets of the Company a Guarantor referred to in this Article TenTwelve, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons entitled to participate in such payment or distributiondistribu- tion, the holders of the Guarantor Senior Indebtedness of the Company Debt and other 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 TenTwelve.
Appears in 1 contract
Samples: Indenture (Encompass Services Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article Ten15, the Trustee, subject to the provisions of Article Seven hereofSection 7.2, and the Holders of the Notes Securities of any series (or any Coupons appertaining thereto) shall be entitled to conclusively rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesSecurities of such series (or any Coupons appertaining thereto), for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company and other Indebtedness 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 Ten15.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuers referred to in this Article Ten11, the Trustee, subject to the provisions of Article Seven Section 7.01 hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company and other Indebtedness of the Companyany Issuer , the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten11; provided that the foregoing -------- shall apply only if such court has been fully apprised of the provisions of this Article 11.
Appears in 1 contract
Samples: Indenture (Muzak Finance Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Guarantor referred to in this Article Ten17, the Trustee, subject to the provisions of Article Seven hereof6, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivershipliquidation, dissolution, winding-up, liquidationreorganization, reorganization assignment for the benefit of creditors, marshaling of assets, bankruptcy, examinership, reorganization, insolvency, receivership or other similar case or proceeding proceeding, is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person similar Person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness of the Company Debt and other 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 Ten17.
Appears in 1 contract
Samples: Indenture (Elan Corp PLC)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company a Guarantor referred to in this Article TenTwelve, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivershipreceiver ship, dissolution, winding-up, liquidation, reorganization or similar case or proceeding proceed ing is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness of the Company Debt and other 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 TenTwelve.
Appears in 1 contract
Samples: Indenture (Unilab Corp /De/)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article Ten10, the Trustee, subject to the provisions of Article Seven Section 7.01 hereof, and the Holders of the Notes holders shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 Notesholders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 Ten10; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article 10.
Appears in 1 contract
Samples: Indenture (Park Ohio Industries Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article Ten10, the Trustee, subject to the provisions of Article Seven Section 7.01 hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 Ten10; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article 10.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company an Issuer referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the NotesSecurities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 Ten.
Appears in 1 contract
Samples: Indenture (Natg Holdings LLC)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company a Guarantor referred to in this Article Ten11, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesHolders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness of the Company and other 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 Ten11.
Appears in 1 contract
Samples: Indenture (Buslease Inc /New/)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Holdings referred to in this Article TenTwelve, the Trustee, subject to the provisions of Article Seven hereof, such Paying Agent and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness Debt of the Company Holdings and other Indebtedness of the CompanyHoldings, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TenTwelve; provided that such court, receiver, trustee, assignee, agent or other Person has been made aware of this Article Twelve.
Appears in 1 contract
Samples: Indenture (Del Monte Foods Co)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company a Guarantor referred to in this Article Ten13, the Trustee, subject to the provisions of Article Seven 7 hereof, and the Holders of the Notes shall be entitled to rely conclusively upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding proceedings is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the NotesGuarantees, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness of the Company Debt and other Indebtedness of the CompanyGuarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten13.
Appears in 1 contract
Samples: Indenture (Federal Mogul Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of Centennial, the Company Issuer or any Guarantor referred to in this Article TenArticle, the Trustee, subject to Sections 315(a) through 315(d) of the provisions of Article Seven hereofTrust Indenture Act, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receiverCustodian, 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 NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company and other Indebtedness indebtedness of Centennial, the CompanyIssuer or any 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 TenArticle; provided that such court, trustee, receiver, Custodian, assignee, agent or other Person has been apprized of, or the order, decree or certificate makes reference to, the provisions of this Article.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company BV Borrower referred to in this Article TenNine, the TrusteeAdministrative Agent, subject to the provisions of Article Seven 11 hereof, and the Holders of the Notes Lenders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee Administrative Agent or the Holders of the NotesLenders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company Debt and other Indebtedness of the CompanyBV Borrower, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TenNine.
Appears in 1 contract
Samples: Senior Subordinated Term Loan Agreement (Sensata Technologies B.V.)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, each Paying Agent and the Holders of the ofhe Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of 106 the Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 Ten provided that such court, trustee, assignee, agent or other Person has been made aware of this Article Ten.
Appears in 1 contract
Samples: Indenture (Del Monte Foods Co)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company a License Subsidiary Guarantor referred to in this Article TenArticle12, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the License Subsidiary Guarantor Senior Indebtedness of the Company Debt and other Indebtedness Debt of the Companysuch License 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 Ten12.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article TenX, the Trustee, subject to the provisions of Article Seven Section 7.1 hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of and Guarantor Senior Indebtedness, as the Company case may be, 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 Ten.X; provided that the foregoing shall apply only if -------- such court has been fully apprised of the provisions of this Article X.
Appears in 1 contract
Samples: Indenture (Oci N Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Casella referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company Debt and other Indebtedness of the CompanyCasella, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, each Paying Agent and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 Ten; provided that such court, trustee, assignee, agent or other Person has been made aware of this Article Ten.
Appears in 1 contract
Samples: Indenture (Del Monte Foods Co)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuer referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 Ten.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article TenArticle, the Trustee, subject to the provisions of Article Seven hereofTIA Section 315(a) through 315(d), and the Holders of the Notes Securities and the coupons, if any, appertaining thereto and the Guarantor shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesSecurities and the coupons, if any, appertaining thereto, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and Senior Subordinated Debt of the Company and Guarantor, any other Indebtedness of the CompanyGuarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TenArticle.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuer or Co-Issuer referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company Debt and other Indebtedness of the CompanyIssuer or Co-Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten.
Appears in 1 contract
Samples: Indenture (Norcraft Companies Lp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article TenArticle, the Trustee, subject to Sections 315(a) through 315(d) of the provisions of Article Seven hereofTrust Indenture Act, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receiverCustodian, 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 NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 TenArticle; 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: Indenture (Centennial Cellular Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article TenFourteen, the Trustee, subject to the provisions of Article Seven hereofSection 6.01, and the Holders of the Notes Securities of any series shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, 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 NotesSecurities of such series, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 TenFourteen.
Appears in 1 contract
Samples: Indenture (Tribune Co)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article TenArticle, the Trustee, subject to Sections 315(a) through 315(d) of the provisions of Article Seven hereofTrust Indenture Act, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receiverCustodian, 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 NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 TenArticle; provided that such court, trustee, receiver, Custodian, assignee, agent or other Person has been apprized of, or the order, decree or certificate makes reference to, the provisions of this Article.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article Ten11, the Trustee, subject to the provisions of Article Seven Section 7.01 hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 Ten11; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article 11.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company or the Guarantors referred to in this Article TenSection 12, the Trustee, subject to the provisions of Article Seven hereof, and the Holders holders of the Notes Obligations shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders holders of the Notesany Obligations, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distributiondistribution subject to the terms of this Section 12, the holders of the Senior Indebtedness Debt of the Company or the Guarantors and other Indebtedness Debt of the CompanyCompany or the Guarantors, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TenSection 12.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Guarantor referred to in this Article TenArticle, the Trustee, subject to the provisions of Article Seven hereofSection 6.1, and the Holders of any Security entitled to the Notes benefits of a Guarantee shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 any Security entitled to the Notesbenefits of a Guarantee, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Guarantor Indebtedness and other indebtedness of the Company and other Indebtedness of the CompanyGuarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TenArticle.
Appears in 1 contract
Samples: Indenture (Xtra Missouri Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company or the Guarantor referred to in this Article TenSection 9, the Trustee, subject to the provisions of Article Seven hereofSection 602 of the Base Indenture, and the Holders of the Notes Bonds shall be entitled to conclusively rely upon any order or decree made entered by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization a Company Proceeding or similar case or proceeding Guarantor Proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesBonds, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Company Senior Indebtedness of the Company or Guarantor Indebtedness and other Indebtedness of the CompanyCompany 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 TenSection 9.
Appears in 1 contract
Samples: Second Supplemental Indenture (AngloGold Ashanti Holdings PLC)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article TenArticle, the Trustee, subject to Sections 315(a) through 315(d) of the provisions of Article Seven hereofTrust Indenture Act, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receiverCustodian, 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 NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 TenArticle; provided that such court, trustee, receiver, Custodian, -------- assignee, agent or other Person has been apprized of, or the order, decree or certificate makes reference to, the provisions of this Article.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Casella referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes Securities of any series shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the NotesSecurities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company Debt and other Indebtedness of the CompanyCasella, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten.
Appears in 1 contract
Samples: Subordinated Indenture (Total Waste Management Corp.)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article Ten10, the Trustee, subject to the provisions of Article Seven Section 7.01 hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 Ten10; PROVIDED that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article 10.
Appears in 1 contract
Samples: Indenture (Cole National Corp /De/)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Guarantor referred to in this Article TenTwo, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Guarantor Indebtedness of the Company and other Indebtedness indebtedness of the CompanyGuarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to such court has been fully apprised of the provisions of this Article TenTwo.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article TenTwelve, the Trustee, subject to the provisions of Article Seven hereofSection 6.01,and the Holders, and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesHolders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article TenTwelve.
Appears in 1 contract
Samples: Indenture (Blue Bird Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company any Guarantor referred to in this Article TenArticle, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness of the Company and other 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 TenArticle; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article TenFourteen, the Trustee, subject to the provisions of Article Seven hereofSection ---------------- ------- 6.01, and the Holders of the Notes Securities of any series shall be entitled to rely ---- upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, 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 NotesSecurities of such series, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company 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 Ten.Fourteen. ----------------
Appears in 1 contract
Samples: Indenture (Tribune Co)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Holdings referred to in this Article TenTwelve, the Trustee, subject to the provisions of Article Seven hereof, such Paying Agent and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness Debt of the Company Holdings and other Indebtedness of the CompanyHoldings, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TenTwelve.
Appears in 1 contract
Samples: Indenture (Del Monte Foods Co)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuers referred to in this Article Ten11, the Trustee, subject to the provisions of Article Seven Section 7.01 hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Indebtedness under the Senior Indebtedness of the Company Credit Facility and other Indebtedness of the Companyany Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten11; provided that the foregoing shall apply only if -------- such court has been fully apprised of the provisions of this Article 11.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company RBC referred to in this Article TenArticle, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Guarantor Indebtedness of the Company and other Indebtedness indebtedness of the CompanyRBC, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TenSection, provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuer referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company Debt and other Indebtedness of the CompanyIssuer or its Restricted Subsidiaries, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten.
Appears in 1 contract
Samples: Indenture (GSL Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuer or the Co-Issuer referred to in this Article Ten, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Tenpending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of the Company Debt and other Indebtedness of the CompanyIssuer or the Co-Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Ten.
Appears in 1 contract