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 Issuer referred to in this Article Twelve, the Trustee, subject to the provisions of Section 5.1, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are pending, or a certificate of the Custodian, other similar officer of the Issuer or other person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of Issuer Senior Indebtedness and other indebtedness of the 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 Twelve.

Appears in 3 contracts

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

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Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article Twelve11, the Trustee, subject to the provisions of Section 5.1Article 7, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are such Proceeding is pending, or a certificate of the Custodiantrustee in bankruptcy, other similar officer receiver, liquidating trustee, custodian, assignee for the benefit of the Issuer creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness Debt and other indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve11.

Appears in 3 contracts

Samples: Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Section 5.16.1, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are such Proceeding is pending, or a certificate of the Custodiantrustee in bankruptcy, other similar officer receiver, liquidating trustee, custodian, assignee for the benefit of the Issuer creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness and other indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveArticle.

Appears in 2 contracts

Samples: Indenture (Citizens Funding Trust IV), Indenture (Citizens Banking Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article TwelveXII, the Trustee, subject to the provisions of Section 5.16.2, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are such Proceeding is pending, or a certificate of the Custodiantrustee in bankruptcy, other similar officer receiver, liquidating trustee, custodian, assignee for the benefit of the Issuer creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness and other indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveXII.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Homebanc Corp), Junior Subordinated Indenture (Homebanc Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Section 5.1Article VI, and the Holders of the Debt Securities shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are such Proceeding is pending, or a certificate of the Custodiantrustee in bankruptcy, other similar officer receiver, liquidating trustee, custodian, assignee for the benefit of the Issuer creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Debt Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness Debt and other indebtedness of the 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 TwelveArticle.

Appears in 2 contracts

Samples: Subordinated Indenture (Financial Security Assurance Holdings LTD/Ny/), Subordinated Indenture (Financial Security Assurance Holdings LTD/Ny/)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article Twelve11, the Trustee, subject to the provisions of Section 5.16.1 hereof, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are such Bankruptcy Proceeding is pending, or a certificate of the any Bankruptcy Custodian, other similar officer of the Issuer agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Company Senior Indebtedness and other indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve11, provided that the foregoing shall apply only if such court has been apprised of the provisions of this Article 11.

Appears in 2 contracts

Samples: Indenture (Cit Group Inc), Indenture (Cit Group Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article TwelveTen, the Trustee, subject to the provisions of Section 5.1Article Seven hereof, and the Holders of the Securities Notes shall be entitled to conclusively rely upon any order or decree entered made by a any court of competent jurisdiction in which any bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings of the nature referred to in Section 12.2 are pending, or a upon certificate of the Custodianreceiver, other similar officer of the Issuer trustee in bankruptcy, liquidating trustee, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of Securitiesthe Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness Debt and other indebtedness Indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveTen.

Appears in 2 contracts

Samples: Indenture (Info Usa), Indenture (Nationsrent Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article TwelveTen, the Trustee, subject to the provisions of Section 5.1Article Seven hereof, and the Holders of the Securities Notes shall be entitled to conclusively rely upon any order or decree entered made by a any court of competent jurisdiction in which any bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings of the nature referred to in Section 12.2 are pending, or upon a certificate of the Custodianreceiver, other similar officer of the Issuer trustee in bankruptcy, liquidating trustee, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of Securitiesthe Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness and other indebtedness Indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveTen.

Appears in 2 contracts

Samples: Indenture (Stuart Entertainment Inc), Indenture (Royal Oak Mines Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article Twelve6, the Trustee, subject to the provisions holder of Section 5.1, and the Holders of the Securities this Note shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the Custodiantrustee in bankruptcy, other similar officer liquidating trustee, custodian, receiver, assignee for the benefit of the Issuer creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders holder of Securitiesthis Note, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer Senior Indebtedness and other indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve6.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Wellpoint Health Networks Inc /De/), Merger Agreement (Wellpoint Health Networks Inc /De/)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article Twelve6, the Trustee, subject to the provisions of Section 5.16.1 of the Base Indenture, and the Holders of the Securities Notes shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are such Bankruptcy Proceeding is pending, or a certificate of the Custodianany receiver, trustee, assignee, liquidator or other similar officer of the Issuer official under any Bankruptcy Law, or any agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesNotes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness and other indebtedness Indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve6, provided that the foregoing shall apply only if such court has been apprised of the provisions of this Article 6.

Appears in 2 contracts

Samples: Second Supplemental Indenture (Umb Financial Corp), First Supplemental Indenture (Umb Financial Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article Twelve‎Article Fourteen, the Trustee, subject to the provisions of Section 5.1‎Section 601, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are such Proceeding is pending, or a certificate of the Custodiantrustee in bankruptcy, other similar officer receiver, liquidating trustee, custodian, assignee for the benefit of the Issuer creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness Debt of the Company and other indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve‎Article Fourteen.

Appears in 2 contracts

Samples: Subordinated Indenture (Aetna Inc /Pa/), Subordinated Indenture (Aetna Inc /Pa/)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article TwelveFourteen, the Trustee, subject to the provisions of Section 5.18.01, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are such Proceeding is pending, or a certificate of the Custodiantrustee in bankruptcy, other similar officer receiver, liquidating trustee, custodian, assignee for the benefit of the Issuer creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer Senior Indebtedness Indebtedness, creditors in respect of General Obligations and holders of other indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveFourteen.

Appears in 1 contract

Samples: Indenture (First Chicago NBD Capital Iv)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Section 5.1601, and the Holders of the Securities of any series shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are such Proceeding is pending, or a certificate of the Custodiantrustee in bankruptcy, other similar officer receiver, liquidating trustee, custodian, assignee for the benefit of the Issuer creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness Debt and other indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveArticle.

Appears in 1 contract

Samples: Indenture (Infocure Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article TwelveSeven, the Trustee, subject to the provisions of Section 5.1Article Seven hereof, and the Holders of the Securities Notes shall be entitled to conclusively rely upon any order or decree entered made by a any court of competent jurisdiction in which any bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings of the nature referred to in Section 12.2 are pending, or a upon certificate of the Custodianreceiver, other similar officer of the Issuer trustee in bankruptcy, liquidating trustee, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders holders of Securitiesthe Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness and other indebtedness Indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveSeven.

Appears in 1 contract

Samples: Indenture (Carpenter W R North America Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article Twelve11, the Trustee, subject to the provisions of Section 5.1Article 7, and the Holders of the Securities Notes shall be entitled to conclusively rely upon any order or decree entered made by a any court of competent jurisdiction in which any bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings of the nature referred to in Section 12.2 are pending, or upon a certificate of the Custodianreceiver, other similar officer of the Issuer trustee in bankruptcy, liquidating trustee, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of Securitiesthe Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness Debt and other indebtedness Indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve11.

Appears in 1 contract

Samples: Indenture (Panolam Industries International Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article Twelve10, the Trustee, subject to the provisions of Section 5.18.01, and the Holders of the Securities Notes shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are such Proceeding is pending, or a certificate of the Custodiantrustee in bankruptcy, other similar officer receiver, liquidating trustee, custodian, assignee for the benefit of the Issuer creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesNotes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Debt or Subordinated Indebtedness of the Company and other indebtedness Indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve10.

Appears in 1 contract

Samples: Indenture (Fidelis Insurance Holdings LTD)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article Twelve11, the Trustee, subject to the provisions of Section 5.18.01 hereof, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up or similar case or proceeding is pending, or a certificate of the Custodiantrustee in bankruptcy, other similar officer receiver, liquidating trustee, custodian, assignee for the benefit of the Issuer creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer Senior Indebtedness and other indebtedness Indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve11.

Appears in 1 contract

Samples: Indenture (Submicron Systems Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Section 5.1Article VI, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are such Proceeding is pending, or a certificate of the Custodiantrustee in bankruptcy, other similar officer receiver, liquidating trustee, custodian, assignee for the benefit of the Issuer creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, 116 125 for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness Debt and other indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveArticle.

Appears in 1 contract

Samples: Junior Subordinated Indenture (North Fork Capital Trust I)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Partnership referred to in this Article TwelveSixteen, the Trustee, subject to the provisions of Section 5.1612, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are Proceeding is pending, or a certificate of the Custodiantrustee in bankruptcy, other similar officer receiver, liquidating trustee, custodian, assignee for the benefit of the Issuer creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness and other indebtedness of the IssuerPartnership, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveArticle.

Appears in 1 contract

Samples: Indenture (Beacon Properties L P)

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Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article TwelveTen, the Trustee, subject to the provisions of Section 5.1Article Seven hereof, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered made by a any court of competent jurisdiction in which any bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings of the nature referred to in Section 12.2 are pending, or upon a certificate of the Custodianreceiver, other similar officer of the Issuer trustee in bankruptcy, liquidating trustee, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness and other indebtedness Indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveTen.

Appears in 1 contract

Samples: Indenture (Amcast Radio Sales Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article TwelveEleven, the Trustee, subject to the provisions of Section 5.1Article Seven, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered made by a any court of competent jurisdiction in which any bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings of the nature referred to in Section 12.2 are pending, or upon a certificate of the Custodianreceiver, other similar officer of the Issuer trustee in bankruptcy, liquidating trustee, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness and other indebtedness Indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveEleven.

Appears in 1 contract

Samples: Indenture (Aearo CO I)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article TwelveTen, the Trustee, subject to the provisions of Section 5.1Article Seven hereof, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered made by a any court of competent jurisdiction in which any bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings of the nature referred to in Section 12.2 are pending, or upon a certificate of the Custodianreceiver, other similar officer of the Issuer trustee in bankruptcy, liquidating trustee, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness Debt and other indebtedness Indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveTen.

Appears in 1 contract

Samples: Indenture (Wickes Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer referred to in this Article TwelveTen, the Trustee, subject to the provisions of Section 5.1Article Seven, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered made by a any court of competent jurisdiction in which any bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings of the nature referred to in Section 12.2 are pending, or upon a certificate of the Custodianreceiver, other similar officer of the Issuer trustee in bankruptcy, liquidating trustee, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness Debt and other indebtedness Debt of the 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 TwelveTen.

Appears in 1 contract

Samples: Indenture (Kilovac International Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or Debentures of the Issuer Company referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Section 5.18.01, and the Holders holders of the Securities Debentures shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are such proceeding is pending, or a certificate of the Custodiantrustee in bankruptcy, other similar officer receiver, liquidating trustee, custodian, assignee for the benefit of the Issuer creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders holders of SecuritiesDebentures, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness Debt and other indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveArticle.

Appears in 1 contract

Samples: Indenture (Allied Waste Industries Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article TwelveTen, the Trustee, subject to the provisions of Section 5.1Article Seven hereof, and the Holders of the Securities Notes shall be entitled to conclusively rely upon any order or decree entered made by a any court of competent jurisdiction in which any bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings of the nature referred to in Section 12.2 are pending, or a upon certificate of the Custodianreceiver, other similar officer of the Issuer trustee in bankruptcy, liquidating trustee, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders holders of Securitiesthe Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness Debt and other indebtedness Indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveTen.

Appears in 1 contract

Samples: Indenture (Koppers Industries Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Issuers referred to in this Article Twelve11, the Trustee, subject to the provisions of Section 5.17.01 hereof, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up or similar case or proceeding is pending, or a certificate of the Custodiantrustee in bankruptcy, other similar officer receiver, liquidating trustee, custodian, assignee for the benefit of the Issuer creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of SecuritiesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer Senior Indebtedness and other indebtedness Indebtedness of the IssuerIssuers, the amount thereof or payable thereon, the 117 -109- amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve11.

Appears in 1 contract

Samples: Indenture (Target Directories of Michigan Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article TwelveTen, the Trustee, subject to the provisions of Section 5.1Article Seven hereof, and the Holders of the Securities Notes shall be entitled to conclusively rely upon any order or decree entered made by a any court of competent jurisdiction in which any bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings of the nature referred to in Section 12.2 are pending, or a upon certificate of the Custodianreceiver, other similar officer of the Issuer trustee in bankruptcy, liquidating trustee, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders holders of Securitiesthe Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness and other indebtedness Indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveTen.

Appears in 1 contract

Samples: Indenture (Tracor Inc /De)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article Twelve10, the Trustee, subject to the provisions of Section 5.1, 7.01 and 7.02 and the Holders of the Securities Notes shall be entitled to conclusively rely upon any order or decree entered made by a any court of competent jurisdiction in which any bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings of the nature referred to in Section 12.2 are pending, or a certificate of the Custodianreceiver, other similar officer of the Issuer trustee in bankruptcy, liquidating trustee, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of Securitiesthe Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness and other indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve10.

Appears in 1 contract

Samples: Indenture (K&f Industries Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Section 5.17.01, and the Holders holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are such Proceeding is pending, or a certificate of the Custodiantrustee in bankruptcy, other similar officer receiver, liquidating trustee, custodian, assignee for the benefit of the Issuer creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders holders of Securities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness and other indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveArticle.

Appears in 1 contract

Samples: Indenture (Western Wireless Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Issuer Company referred to in this Article Twelve, the Trustee, subject to the provisions of Section 5.16.1, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by a any court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.2 are such Proceeding is pending, or a certificate of the Custodiantrustee in bankruptcy, other similar officer receiver, liquidating trustee, custodian, assignee for the benefit of the Issuer creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Issuer the Senior Indebtedness Debt of the Company and other indebtedness of the IssuerCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve.

Appears in 1 contract

Samples: Subordinated Indenture (Ring Energy, Inc.)

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