Common use of Reliance on Judicial Order Clause in Contracts

Reliance on Judicial Order. Or Certificate Of Liquidating Agent. -------------------------------------------------------- Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Section 6.1 of the Indenture, and the Holders of the Debentures shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such 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 Debentures, 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 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 Article, the Guarantee Trustee, subject to the provisions of Section 6.1 of the Indenture3.1, and the Holders of the Debentures shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such 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 Guarantee Trustee or to the Holders of DebenturesHolders, 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 CompanyGuarantor, 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 apprised of the provisions of this Article.

Reliance on Judicial Order. Or or Certificate Of of Liquidating -------------------------------------------------------- Agent. -------------------------------------------------------- ----- Upon any payment or distribution of assets of the Company referred pursuant to in this ArticleArticle 10, the Trustee, subject to the provisions of Section 6.1 of the Indenture7.01 hereof, and the Holders of the Debentures shall be entitled to rely (to the extent reasonable and in good faith) upon any order or decree entered by any court of competent jurisdiction in which such Proceeding any applicable insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up or similar case or proceeding of the type referred to in Section 10.02 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 distributiondistribution in connection with such case or proceeding, delivered to the Trustee or to the Holders of DebenturesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness 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, Article 10; provided -------- that the foregoing shall apply only if such court in which such case or proceeding is pending has been fully apprised of the provisions of this ArticleArticle 10.

Reliance on Judicial Order. Or or Certificate Of of Liquidating -------------------------------------------------------- Agent. -------------------------------------------------------- Upon any payment or distribution of assets of the Company referred to in ----- this Article, the Trustee, subject to the provisions of Section 6.1 of the IndentureArticle VI, and the Holders of the Debentures Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such 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 DebenturesSecurities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt 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 Article, provided that the foregoing shall apply only if such court has been apprised of the provisions of this Article.

Reliance on Judicial Order. Or or Certificate Of of Liquidating -------------------------------------------------------- Agent. -------------------------------------------------------- ------ Upon any payment or distribution of assets of the Company Kingsway America referred to in this Article, the Trustee, subject to the provisions holder of Section 6.1 of the Indenture, and the Holders of the Debentures this Subordinated Note shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such Proceeding 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 holder of Debenturesthis Subordinated Note, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other Indebtedness of the CompanyKingsway America, 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 apprised of the provisions of this Article.

Reliance on Judicial Order. Or or Certificate Of of -------------------------------------------- Liquidating Agent. -------------------------------------------------------- Upon any payment or distribution of assets of the Company ------------------ referred to in this ArticleArticle XII, the Trustee, subject to the provisions of Section 6.1 of the Indenture6.01, and the Holders of the Debentures Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Proceeding 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 DebenturesSecurities, for the purpose of ascertaining the Persons entitled to participate in such payment or distributiondistribu tion, the holders of the Senior 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 Article, provided that the foregoing shall apply only if such court has been apprised of the provisions of this ArticleArticle XII.

Reliance on Judicial Order. Or or Certificate Of of -------------------------------------------- Liquidating Agent. -------------------------------------------------------- Upon any payment or distribution of assets of the Company ----------------- referred to in this Article, the Trustee, subject to the provisions of Section 6.1 of the IndentureArticle VI, and the Holders of the Debentures Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such 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 Debenturesthe Securities, 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 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 apprised of the provisions of this Article.

Reliance on Judicial Order. Or or Certificate Of of -------------------------------------------- Liquidating Agent. -------------------------------------------------------- Upon any payment or distribution of assets of the Company ----------------- referred to in this Article, the Trustee, subject to the provisions of Section 6.1 of the IndentureArticle 6, and the Holders of the Debentures shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such a 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 Debentures, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt 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 Article, provided that the foregoing shall apply only if such court has been apprised of the provisions of this Article.

Reliance on Judicial Order. Or or Certificate Of 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 6.1 of the Indenture, and the Holders of the Debentures Holder shall be entitled to rely upon any order or decree - entered by any court of competent jurisdiction in which such Proceeding 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 DebenturesHolder, 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 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 apprised of the provisions of this Article.Article 9. -

Reliance on Judicial Order. Or Certificate Of -------------------------------------------- Liquidating Agent. -------------------------------------------------------- Upon any payment or distribution of assets of the Company ----------------- referred to in this ArticleArticle Four, the Trustee, subject to the provisions of Section 6.1 of the Indenture, Trustee and the Holders of the Debentures Noteholders shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Proceeding 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 DebenturesNoteholders, 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 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 apprised of the provisions of this ArticleArticle Four.

Reliance on Judicial Order. Or or Certificate Of of Liquidating -------------------------------------------------------- Agent. -------------------------------------------------------- Upon any payment or distribution of assets of the Company Guarantor referred to ----- in this ArticleArticle 8, the Guarantee Trustee, subject to the provisions of Section 6.1 of the IndentureArticle 3, and the Holders of the Debentures shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such a 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 Guarantee Trustee or to the Holders of DebenturesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Guarantor Secured Indebtedness and other Indebtedness indebtedness of the CompanyGuarantor, 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 apprised of the provisions of this ArticleArticle 8.

Reliance on Judicial Order. Or or Certificate Of 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 6.1 of the Indenture6.1, and the Holders of the Debentures Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such 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 DebenturesSecurities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt 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 Article, provided that the foregoing shall apply only if such court has been apprised of the provisions of this ArticleArticle XIII.

Reliance on Judicial Order. Or or Certificate Of of Liquidating -------------------------------------------------------- Agent. -------------------------------------------------------- Upon any payment or distribution of assets of the Company referred to in ----- this ArticleArticle Four, the Trustee, subject to the provisions of Section 6.1 of the Indenture, Trustee and the Holders of the Debentures Noteholders shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Proceeding 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 DebenturesNoteholders, 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 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 apprised of the provisions of this ArticleArticle Four.

Reliance on Judicial Order. Or or Certificate Of of Liquidating -------------------------------------------------------- Agent. -------------------------------------------------------- Upon any payment or distribution of assets of the Company or any ----- Subsidiary referred to in this ArticleArticle XIII, the Trustee, subject to the provisions of Section 6.1 of the Indenture, and the Holders of the Debentures shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Proceeding 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 DebenturesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other Indebtedness indebtedness of the CompanyCompany or any Subsidiary, 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, provided that the foregoing shall apply only if such court has been -------- fully apprised of the provisions of this Article.Article XIII. (signature page to Purchase Agreement)

Reliance on Judicial Order. Or or Certificate Of of Liquidating Agent. -------------------------------------------------------- Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Section 6.1 Article 6 of the Indenture, and the Holders of the Series A Debentures shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such a 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 Series A Debentures, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt 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 Article, provided that the foregoing shall apply only if such court has been apprised of the provisions of this Article.

Reliance on Judicial Order. Or or Certificate Of of Liquidating -------------------------------------------------------- Agent. -------------------------------------------------------- Upon any payment or distribution of assets of the Company referred ------ to in this ArticleArticle Four, the Trustee, subject to the provisions of Section 6.1 of the Indenture8.1, and the Holders holders of the Debentures Notes shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Proceeding 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 holders of DebenturesNotes, 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 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 apprised of the provisions of this ArticleArticle Four.

Reliance on Judicial Order. Or or Certificate Of of -------------------------------------------- Liquidating Agent. -------------------------------------------------------- ----------------- Upon any payment or distribution of assets or securities of the Company a Guarantor referred to in this ArticleArticle Eight, the Trustee, subject to the provisions of Section 6.1 of the Indenture, Trustee and the Holders of the Debentures Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are 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 Debentures, the Notes for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Indebtedness of such Guarantor and other Indebtedness 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 apprised of the provisions of this ArticleArticle Eight.

Reliance on Judicial Order. Or or Certificate Of of Liquidating -------------------------------------------------------- Agent. -------------------------------------------------------- ----- Upon any payment or distribution of assets of the Company or securities referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Section 6.1 of the Indenture, Trustee and the Holders of the Debentures Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are 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 Debentures, the Securities 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 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 apprised of the provisions of this ArticleArticle Eleven.