Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor referred to in this Article, the Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, 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 distribution, the holders of Senior Debt of such Guarantor and other indebtedness 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.
Appears in 3 contracts
Samples: Indenture (Tekni Plex Inc), Indenture (Tekni Plex Inc), Indenture (Dolco Packaging Corp /De/)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Company referred to in this ArticleArticle Ten, the Trustee Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Securities Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, 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 Notes, for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt of such Guarantor and other indebtedness Indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Ten.
Appears in 2 contracts
Samples: Indenture (Cambridge Industries Inc /De), Indenture (Railworks Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Company referred to in this Article, the Trustee Trustee, subject to the provisions of Article XI, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are such Proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor Indebtedness and other indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (Delphi Financial Group Inc/De)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Company referred to in this Article, the Trustee Trustee, subject to the provisions of Article Six, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are such Proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor Indebtedness and other indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 2 contracts
Samples: Subordinated Indenture (Fisher Scientific International Inc), Junior Subordinated Indenture (Fisher Scientific International Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Issuer referred to in this Article, the Trustee Trustee, subject to the provisions of Section 6.01, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are such Proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor Indebtedness and other indebtedness of such Guarantorthe 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.
Appears in 2 contracts
Samples: Subordinated Debt Indenture (Nexen Inc), Subordinated Debt Indenture (Nexen Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Company referred to in this Article, the Trustee Trustee, subject to the provisions of Article VII, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are such Proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor and other indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 2 contracts
Samples: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Company referred to in this Article, the Trustee Trustee, subject to the provisions of Section 601, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are such Proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor and other indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 2 contracts
Samples: Indenture (Solutia Inc), Indenture (Nabors Industries Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Company referred to in this Article, the Trustee Trustee, subject to the provisions of Section 601, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are such Proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of 66 the Senior Debt of such Guarantor the Company and other indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 2 contracts
Samples: Subordinated Indenture (Goodrich Petroleum CO LLC), Subordinated Indenture (Shaw Manufacturing & Services Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Issuer referred to in this Article, the Trustee Trustee, subject to the provisions of Section 6.1, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are such Proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor the Issuer and other indebtedness Indebtedness of such Guarantorthe 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.
Appears in 2 contracts
Samples: Subordinated Indenture (Enstar Finance LLC), Subordinated Indenture (Enstar Finance LLC)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Note Issuer referred to in this Article, the Trustee Trustee, subject to the provisions of Article VI, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are such Proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor Indebtedness and other indebtedness of such Guarantorthe Note 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.
Appears in 2 contracts
Samples: Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc), Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Issuer referred to in this Article, the Trustee Trustee, subject to the provisions of Section 7.1, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are such Proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor Indebtedness and other indebtedness of such Guarantorthe 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.
Appears in 2 contracts
Samples: Indenture (Idacorp Trust Iii), Indenture (Idacorp Trust Iii)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Company referred to in this Article, the Trustee Trustee, subject to the provisions of Article VI, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are such Proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities Securities, for the purpose 102 of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Senior Debt of such Guarantor Indebtedness and other indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 1 contract
Samples: Indenture (Ocwen Financial Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor referred to in this ArticleArticle Twelve, the Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, 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 distribution, the holders of Senior Debt of such Guarantor and other indebtedness 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 ArticleArticle Twelve.
Appears in 1 contract
Samples: Indenture (Falcon Products Inc /De/)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Company referred to in this Article, the Trustee Trustee, subject to the provisions of Section 6.1, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are such Proceeding is pending, or upon a certificate of the receiver, trustee 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 the Securities Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor and other indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Company referred to in this Article, the Trustee Trustee, subject to the provisions of Section 6.1, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are such proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor and other indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 1 contract
Samples: Subordinated Indenture (Allied Waste Industries Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor referred to in this ArticleArticle Twelve, the Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, 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 distribution, the holders of Guarantor Senior Debt Indebtedness of such Guarantor and other indebtedness 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 ArticleArticle Twelve.
Appears in 1 contract
Samples: Indenture (Carrols Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Company referred to in this ArticleArticle Sixteen, the Trustee Trustee, subject to the provisions of Section 612, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are any Proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor and other indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Issuer referred to in this Article, the Trustee Trustee, and the Holders of the Securities Noteholders shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcysuch insolvency, liquidation, reorganization, dissolution, winding-up, liquidation winding up or reorganization proceedings are similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to a Responsible Officer of the Trustee or to the Holders of the Securities Noteholders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Senior Debt of such Guarantor Indebtedness and other indebtedness of such Guarantorthe 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.
Appears in 1 contract
Samples: Indenture
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Company referred to in this Article, the Trustee Trustee, subject to the provisions of Section 6.01, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are such Proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor Indebtedness and other indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 1 contract
Samples: Indenture (Western Wireless Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Company referred to in this Article, the Trustee Trustee, subject to the provisions of Article 6, and the Holders of the Securities Debentures shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are a Proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities Debentures, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Senior Debt of such Guarantor the Secured Indebtedness and other indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 1 contract
Samples: Indenture (Big Flower Holdings Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Company referred to in this Article, the Trustee Trustee, subject to the provisions of Section 7.1, and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are such Proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor Indebtedness and other indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor referred to in this Article, the Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree decrees made by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, 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 the Senior Debt of such Guarantor and other indebtedness 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.
Appears in 1 contract
Samples: Indenture (Aep Industries Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Company referred to in this Article, the Trustee Trustee, subject to the provisions of Section 6.1, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are such Proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor and other indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a any Guarantor referred to in this ArticleArticle Twelve, the Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of Guarantor Senior Debt of such Guarantor and other indebtedness Indebtedness 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 ArticleArticle Twelve.
Appears in 1 contract
Samples: Indenture (Scientific Games Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a the Guarantor referred to in this Article, the Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction jurisdic tion in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are a Proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Securities Holders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Senior Debt of such the Guarantor Secured Indebtedness and other indebtedness of such the Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a any Guarantor referred to in this ArticleArticle Twelve, the Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, 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 distribution, the holders of Guarantor Senior Debt of such Guarantor and other indebtedness Indebtedness 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 ArticleArticle Twelve.
Appears in 1 contract
Samples: Indenture (Autotote Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor the Company referred to in this Article, the Trustee Trustee, subject to the provisions of Section 6.01, and the Holders holders of the Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are such Proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders holders of the Securities Securities, for the purpose of ascertaining the persons Persons entitled 81 76 to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor and other indebtedness of such Guarantorthe Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 1 contract
Samples: Subordinated Debt Indenture (Emmis Television License Corp of Topeka)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor referred to in this Article, the Trustee and the Holders of the Securities Notes shall be entitled to rely upon any order or decree decrees made by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, 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 Notes for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor and other indebtedness 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.
Appears in 1 contract
Samples: Indenture (HRM Holdings Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a the Guarantor referred to in this ArticleArticle Twelve, the Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, 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 distribution, the holders of Guarantor Senior Debt of such Guarantor Indebtedness and other indebtedness Indebtedness of such the Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Twelve.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor referred to in this ArticleArticle Eight, the Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, 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 distribution, the holders of the Senior Debt Indebtedness of such Guarantor an Issuer and other indebtedness of such Guarantoran Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Eight.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of a Guarantor referred to in this ArticleArticle Twelve, the Trustee and the Holders of the Securities Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, 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 Notes for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of Senior Debt of such Guarantor and other indebtedness 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 ArticleArticle Twelve.
Appears in 1 contract
Samples: Indenture (GPPW Inc)