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 601, and the Holders of the 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 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 the Senior Debt and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 8 contracts
Samples: Indenture (Westell Technologies Inc), Indenture (Read Rite Corp /De/), Indenture (Sun Microsystems Inc)
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 601, Trustee and the Holders of the Securities shall be entitled to conclusively 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 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 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 the Senior Debt and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleARTICLE XII.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Bankatlantic Bancorp Inc), Junior Subordinated Indenture (Uici), Junior Subordinated Indenture (Bankatlantic Bancorp Inc)
RELIANCE ON JUDICIAL ORDER OR CERTIFICATE OF. LIQUIDATING AGENT. Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Section 601, and the Holders of the 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 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 the Senior Debt and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 3 contracts
Samples: Indenture (Capstone Capital Corp), Indenture (Healthcare Realty Trust Inc), Indenture (Capstone Capital Corp)
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 601, Trustee and the Holders of the Securities 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 to the Trustee or to the Holders of SecuritiesNoteholders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt 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.
Appears in 2 contracts
Samples: Indenture (International Rectifier Corp /De/), Indenture (Lattice Semiconductor Corp)
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 6017.01, and the Holders of the Securities Notes shall be entitled to conclusively 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 to the Trustee or to the Holders of SecuritiesNotes, for the purpose of ascertaining the Persons entitled to participate in such a payment or distribution, the holders of the Senior Debt 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 10.
Appears in 1 contract
Samples: Indenture (Envirosource Inc)
RELIANCE ON JUDICIAL ORDER OR CERTIFICATE OF. LIQUIDATING AGENT. Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Section 6016.1, and the Holders of the 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 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 the Senior Debt 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.
Appears in 1 contract
Samples: Indenture (Safeco Corp)
RELIANCE ON JUDICIAL ORDER OR CERTIFICATE OF. LIQUIDATING AGENT. Upon any payment or distribution of assets of Holdings or the Company referred to in this ArticleSection 11, the Trustee, subject to the provisions of Section 601, and the Holders of the Securities 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, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the Trustee or to the Holders of Securities, Noteholders for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness and other indebtedness Indebtedness of Holdings or 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 ArticleSection 11.
Appears in 1 contract
RELIANCE ON JUDICIAL ORDER OR CERTIFICATE OF. LIQUIDATING AGENT. 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 601Sections 9.1 and 9.2, and the Holders of the 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 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 the Senior Debt Indebtedness and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle XII.
Appears in 1 contract
Samples: Senior Subordinated Indenture (Mohawk Capital Luxembourg SA)
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 6017.01, and the Holders of the Securities Notes shall be entitled to conclusively 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 to the Trustee or to the Holders of SecuritiesNotes, for the purpose of ascertaining the Persons entitled to participate in such a payment or distribution, the holders of the Senior Debt 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 10.
Appears in 1 contract
Samples: Indenture (Envirosource Inc)
RELIANCE ON JUDICIAL ORDER OR CERTIFICATE OF. LIQUIDATING AGENT. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 9, the Trustee, subject to the provisions of Section 601, Secured Party and the Holders of the 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 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 to the Trustee Secured Party or to the Holders of SecuritiesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt 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 9.
Appears in 1 contract
RELIANCE ON JUDICIAL ORDER OR CERTIFICATE OF. LIQUIDATING AGENT. Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Section 601603, and the Holders of the Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding 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 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 the Senior Debt Indebtedness and other indebtedness of the Company, as the case may be, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 1 contract
RELIANCE ON JUDICIAL ORDER OR CERTIFICATE OF. LIQUIDATING AGENT. Upon any payment or distribution of assets of the Company referred to in this ArticleSECTION 14, the Trustee, subject to the provisions of Section 601, and the Holders holders of the Securities 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 to the Trustee or to holders of the Holders of Securities, Notes for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Permitted Senior Debt 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 SECTION 14 provided that such court, trustee, assignee or other person has been apprised of, or the order or certificate makes reference to the provisions of this Article.
Appears in 1 contract
Samples: Note Purchase Agreement (First Union Real Estate Equity & Mortgage Investments)
RELIANCE ON JUDICIAL ORDER OR CERTIFICATE OF. LIQUIDATING AGENT. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle XIII, the Trustee, subject to the provisions of Section 6017.1, and the Holders of the 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, 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 Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Debt 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 XIII.
Appears in 1 contract
Samples: Indenture (Dc Holdco Inc)