Common use of Reliance on Judicial Order or Certificate of Liquidating 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 7.01, and the Holders of the Convertible Notes shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered in writing to the Trustee or to the Holders of Convertible Notes, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Reliance on Judicial Order or Certificate of Liquidating. AgentAGENT. Upon any payment or distribution of assets of the Company referred to in ----- this ArticleArticle XI, the Trustee, subject to the provisions of Section 7.01, Trustee and the Holders of the Convertible Notes Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee Trustee in bankruptcy, receiver, liquidating trustee, custodianCustodian, receiver, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered in writing to the Trustee or to the Holders of Convertible NotesSecurities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle XI.

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 7.01, Trustee and the Holders of the Convertible Notes Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered in writing to the Trustee or to the Holders of Convertible NotesSecurities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article, provided that the foregoing shall apply only if such court has -------- been fully apprised of the provisions of this Article.

Reliance on Judicial Order or Certificate of Liquidating. Agent. ----- Upon any payment or distribution of assets of the Company any Guarantor referred to in ----- this Article, the Trustee, subject to the provisions of Section 7.01, Trustee and the Holders of the Convertible Notes Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered in writing to the Trustee or to the Holders of Convertible NotesSecurities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness and other indebtedness of the Companysuch Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article, 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 Guarantor referred to ----- in ----- this ArticleSection 2.2, the TrusteePurchaser, subject to the provisions of Section 7.01, its Nominees and the Holders of the Convertible Notes each other Noteholder shall ----------- be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered in writing to the Trustee or to the Holders of Convertible NotesPurchaser, its Nominees and each other Noteholder, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness Indebtedness of the CompanyGuarantor, the amount thereof or payable thereontherein, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.Section 2.2. -----------

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 7.018.1, and the Holders of the Convertible Notes Noteholders shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered in writing to the Trustee or to the Holders of Convertible NotesNoteholders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Four.