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 any Guarantor referred to in this Article Thirteen, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor 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 Thirteen.

Appears in 2 contracts

Samples: Registration Rights Agreement (Management Solutins Inc/), Management Solutins Inc/

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Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating AgentAgent Regarding Dissolution, etc. ----------------- of ------------------------------------------------ Guarantors. ----------- Upon any payment or distribution of assets of any Guarantor referred to in this Article ThirteenTwelve, the Trustee, subject to the provisions of Article Seven hereofSection 6.01, and the Holders of the Notes Holders, shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesHolders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor 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 ThirteenTwelve; provided, -------- however, that the foregoing shall apply only if such court has been fully ------- apprised of the provisions of this Article Twelve.

Appears in 2 contracts

Samples: Indenture (Saks Inc), Saks Inc

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating Agent. ----------------- Upon any payment or distribution of assets of any Guarantor the Company referred to in this Article ThirteenFourteen, the Trustee, subject to the provisions of Article Seven hereofSection 6.01, and the Holders of the Notes Holders, shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesHolders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders Holders of the Guarantor 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; provided, however, that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article ThirteenFourteen.

Appears in 1 contract

Samples: Gsi Group Inc

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating Agent. ----------------- Upon any payment or distribution of assets of any Subsidiary Guarantor referred to in this Article ThirteenTwelve, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pendingpending so long as such order gives effect to the provisions of this Article Twelve, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor each Subsidiary Guarantor's Senior Debt of such Guarantor Indebtedness and other Indebtedness of such any Subsidiary 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 ThirteenTwelve.

Appears in 1 contract

Samples: HCC Industries International

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating Agent. ----------------- Upon any payment or distribution of assets of any Guarantor the Company referred to in this Article ThirteenTen, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes Debentures shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the NotesDebentures, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor 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 ThirteenTen.

Appears in 1 contract

Samples: MTL Inc

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating Agent. ----------------- Agent --------------------------------------------- Upon any payment or distribution of assets of any Guarantor the Company referred to in this the Article ThirteenEleven, the Trustee, subject to the provisions of Article Seven Section 7.01 hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding proceedings is pending, or upon a certificate of the receiver, trustee in 105 bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor 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 ThirteenEleven.

Appears in 1 contract

Samples: Indenture (Oglebay Norton Co /New/)

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating -------------------------------------------------------- Agent. ----------------- ------ Upon any payment or distribution of assets of any Guarantor the Company referred to in this Article ThirteenTen, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pendingpending so long as such order gives effect to the provisions of this Article Ten, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness 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 ThirteenTen.

Appears in 1 contract

Samples: Indenture (Terex Corp)

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating -------------------------------------------------------- Agent. ----------------- ----- Upon any payment or distribution of assets of any Guarantor the Company referred to in this Article Thirteen10, the Trustee, subject to the provisions of Article Seven hereofSection 6.1, and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt of such Guarantor Indebtedness 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 Article Thirteen10.

Appears in 1 contract

Samples: Southwest Securities Group Inc

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Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating Agent. ----------------- Upon any payment or distribution of assets of any Guarantor the Company referred to in this Article ThirteenSixteen, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes Debt Securities (and of any Coupons) shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, 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 the NotesDebt Securities (or of any Coupons), for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt of such Guarantor Indebtedness and other Indebtedness indebtedness of such Guarantorthe Company, the amount thereof or payable thereontherein, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article ThirteenSixteen.

Appears in 1 contract

Samples: Money Store Inc /Nj

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating AgentAgent Regarding Dissolution, etc., of Guarantors. ----------------- ------------------------------------------------------------ Upon any payment or distribution of assets of any Guarantor referred to in this Article Thirteen, the Trustee, subject to the provisions of Article Seven hereofSection 6.01, and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesHolders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders Holders of the 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 Article Thirteen; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article Thirteen.

Appears in 1 contract

Samples: Gsi Group Inc

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating AgentAgent Regarding Dissolution, etc. ----------------- of Guarantors. Upon any payment or ----------------------------------------------------------- distribution of assets of any Guarantor referred to in this Article Thirteen, the Trustee, subject to the provisions of Article Seven hereofSection 6.01, and the Holders of the Notes Holders, shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesHolders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor 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 Thirteen; provided, however, that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article Thirteen.

Appears in 1 contract

Samples: MTL Inc

Reliance on Judicial Order. or Certificate of -------------------------------------------- --------------------------------------------- Liquidating Agent. ----------------- ------------------ Upon any payment or distribution of assets of any Subsidiary Guarantor referred to in this Article ThirteenTwelve, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pendingpending so long as such order gives effect to the provisions of this Article Twelve, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Guarantor each Subsidiary Guarantor's Senior Debt of such Guarantor Indebtedness and other Indebtedness of such any Subsidiary 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 ThirteenTwelve.

Appears in 1 contract

Samples: Indenture (Terex Corp)

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating -------------------------------------------------------- Agent. ----------------- ----- Upon any payment or distribution of assets of any Guarantor the Company referred to in this Article ThirteenArticle, the Trustee, subject to the provisions of Article Seven hereofSection 6.1, and the ----------- Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, 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 NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Guarantor 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 Article ThirteenArticle.

Appears in 1 contract

Samples: Medarex Inc

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