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

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Section 6.01, and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court in which such winding-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Company, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of such Subordinated Debt Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the Senior Creditors and other claims against 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 12.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle Four, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series Noteholders shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesNoteholders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 12Four.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 4, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series Debentureholders shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesDebentureholders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Debt and other claims against 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 124.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Corporation referred to in this ArticleArticle 10, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the distribution to holders of Senior Creditors Debt and other claims against Debt of the CompanyCorporation, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 1210.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle X, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Debt and other claims against 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 12.X.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuer referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Section 6.015.1, and the Holders of the Subordinated Debt Securities of the series shall be entitled to conclusively rely upon (a) any order or decree entered by any a court of competent jurisdiction in which such winding-up any proceedings of the Company or similar case or proceeding, including a proceeding for the suspension of payments is nature referred to in Section 11.2 are pending, or (b) a certificate of the administrator administrator, receiver, liquidator, custodian, trustee, other similar officer of the Company, assignee for the benefit of creditors, agent Issuer or other person making such payment or distribution, delivered to the Trustee or to the Holders of such Subordinated Debt Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Issuer Senior Creditors Indebtedness and other claims against 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 12Eleven.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle XII, the Trustee, subject to the provisions of Section 6.016.1, and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments Proceeding is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Creditors and Subordinated Debt and other claims against 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 12XII.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series Noteholders shall be entitled to conclusively rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesNoteholders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Creditors Obligations and other claims against 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 12Article.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Multicare referred to in this Article, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Guarantor Senior Creditors Indebtedness and other claims against the Companyindebtedness of Multicare, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12Article, provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article.

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, the Trustee, subject to the provisions of Section 6.016.1 hereof, and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments Proceeding is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Creditors Indebtedness and other claims against 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 12Article, provided that the foregoing shall apply only if such court has been apprised of the provisions of this Article.

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, the Trustee, subject to the provisions of Section 6.016.1, and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments Proceeding is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Creditors Debt or Subordinated Indebtedness of the Issuer and other claims against 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 12Article.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuer referred to in this ArticleArticle 13, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series Securityholders shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesSecurityholders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 1213.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of the Company or any Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Section 6.01Article Seven hereof, and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered made by any court of competent jurisdiction in which such bankruptcy, dissolution, winding-up of the Company up, liquidation or similar case or proceeding, including a proceeding for the suspension of payments is reorganization proceedings are pending, or (b) upon a certificate of the administrator of the Companyreceiver, assignee for the benefit of creditorstrustee in bankruptcy, liquidating trustee, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of such Subordinated Debt SecuritiesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Creditors Debt or Guarantor Senior Debt and other claims against 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 12Twelve.

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, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 12Article, provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 4, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series Noteholders shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesNoteholders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 124.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 12, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person 77 Person making such payment or distribution, delivered to the Trustee or to the Holders of such Subordinated Debt SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 12.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series Noteholders shall be entitled to conclusively rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesNoteholders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 12Article.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article, Article 4 the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series Noteholders shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesNoteholders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 124.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 4, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series Debentureholders shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesDebentureholders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors and Senior Subordinated Indebtedness and other claims against 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 124.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Section 6.01, and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments Proceeding is pending, or (b) a certificate of the administrator of the Companytrustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, or a certificate of a Senior Representative for Senior Indebtedness of the Company, delivered to the Trustee or to the Holders of such Subordinated Debt Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Creditors Indebtedness of the Company and other claims against 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 12Twelve.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Obligor referred to in this ArticleSection 4, the Trustee, subject to the provisions of Section 6.01, and the Holders of the Subordinated Debt Securities of the series Holder shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 the Holders of such Subordinated Debt SecuritiesHolder, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness of the Obligor and other claims against indebtedness of the CompanyObligor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12Section 4.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series Noteholders shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesNoteholders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 12Article.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 10, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 1210.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleSection 15, the Trustee, subject to the provisions Holders and holders of Section 6.01, and the Holders of the Subordinated Debt Securities of the series any Senior Indebtedness shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 the Holders of such Subordinated Debt SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 12Section 15.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 13, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 1213.

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 ArticleArticle 11, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Creditors Debt and other claims against the CompanyIndebtedness of such 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 1211.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuers referred to in this ArticleArticle 12, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 12.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 4, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series Debentureholders shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesDebentureholders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 124.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 4, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series Noteholders shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesNoteholders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Debt and other claims against 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 124.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Corporation referred to in this Article, the Trustee, subject to the provisions of Section 6.01601 of the Subordinated Indenture, and the Holders of the Subordinated Debt Series A Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments Proceeding is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Creditors Indebtedness and other claims against indebtedness of the CompanyCorporation, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12Article.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 10, the Trustee, subject to the provisions of Section 6.018.01, and the Holders of the Subordinated Debt Securities of the series Notes shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments Proceeding is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesNotes, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Creditors Debt or Subordinated Indebtedness of the Company and other claims against 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 1210.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle Ten, the Trustee, subject to the provisions of Section 6.01, and the Holders of the Subordinated Debt Securities of the series Holders, shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 12Article.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 5, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series Debentureholders shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesDebentureholders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 125.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Section 6.016.1, and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, distribution delivered to the Trustee or to the Holders of such Subordinated Debt Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the Holders of the Senior Creditors Debt and other claims against 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 12Article.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle Ten, the Trustee, subject to the provisions of Section 6.01, and the Holders of the Subordinated Debt Securities of the series Notes shall be entitled to rely upon (a) any order or decree entered made by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, dissolution, winding-up of the Company up, liquidation, reorganization or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) upon a certificate of the administrator of the Companyreceiver, 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 such Subordinated Debt Securitiesthe Notes, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Creditors Debt and other claims against 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 12Ten.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 12, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 12.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle Four, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series Noteholders shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt Securities52 62 Noteholders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 12Four.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 10, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Debt and other claims against 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 1210.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article, the TrusteeTrustee and the Securities Administrator, subject to the provisions of Section 6.01, and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments Proceeding is pending, or (b) a certificate of the administrator of the Companytrustee 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 and the Securities Administrator or to the Holders of such Subordinated Debt Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Creditors Debt and other claims against 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 12Article.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 4, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series Noteholders shall be entitled to rely upon (a) - any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesNoteholders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 12.4. -

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 12, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Creditors Debt and other claims against 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 12.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Section 6.01, and the Holders of the Subordinated Debt Securities of the series Notes shall be entitled to conclusively rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditorscredi tors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of such Subordinated Debt SecuritiesNotes, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Creditors Debt and other claims against 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 12Eleven.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 12, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such windinginsolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, wind- ing-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 12.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Success Bancshares referred to in this Article, the Trustee, subject to the provisions of Section 6.016.1, and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-up of the Company or similar case or proceeding, including a proceeding for the suspension of payments Proceeding is pending, or (b) a certificate of the administrator of the Companytrustee in bankruptcy, receiver, conservator, 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 such Subordinated Debt Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Creditors and Subordinated Debt and other claims against the Companyindebtedness of Success Bancshares, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12Article.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Section 6.018.1, and the Holders of the Subordinated Debt Securities of the series shall be entitled to rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-up any proceedings of the Company or similar case or proceeding, including a proceeding for the suspension of payments is nature referred to in Section 16.2 are pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Creditors Debt and other claims against 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 12Article.

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 10, the Trustee, subject to the provisions of Section 6.01, Trustee and the Holders of the Subordinated Debt Securities of the series shall be entitled to conclusively rely upon (a) any order or decree entered by any court of competent jurisdiction in which such winding-insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up of the Company or similar case or proceeding, including a proceeding for the suspension of payments is pending, or (b) a certificate of the administrator of the Companytrustee 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 such Subordinated Debt SecuritiesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Senior Creditors Indebtedness and other claims against 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 1210.