Common use of Reliance on Judicial Order Clause in Contracts

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating Agent Regarding Dissolution, etc. of ------------------------------------------------ Guarantors. ----------- Upon any payment or distribution of assets of any Guarantor referred to in this Article Twelve, the Trustee, subject to the provisions of Section 6.01, and the Holders, 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, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve; provided, -------- however, that the foregoing shall apply only if such court has been fully ------- apprised of the provisions of this Article Twelve.

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

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating Agent Regarding Dissolution, etc-------------------------------------------------------- Agent. of ------------------------------------------------ Guarantors. ----------- ----- Upon any payment or distribution of assets of any Guarantor referred pursuant to in this Article Twelve10, the Trustee, subject to the provisions of Section 6.017.01 hereof, and the Holders, Holders 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 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 Person making such payment or distributiondistribution in connection with such case or proceeding, delivered to the Trustee or to the Holders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of 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 Twelve10; provided, provided -------- however, 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 Article Twelve10.

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating Agent Regarding Dissolution, etc. of ------------------------------------------------ Guarantors. ----------- --------------------------------------------- Upon any payment or distribution of assets of any Guarantor the Company referred to in this the Article TwelveEleven, the Trustee, subject to the provisions of Section 6.017.01 hereof, and the Holders, Holders 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 proceedings is pending, or a certificate of the trustee in 105 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, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of 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 Twelve; provided, -------- however, that the foregoing shall apply only if such court has been fully ------- apprised of the provisions of this Article TwelveEleven.

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating Agent Regarding Dissolution, etc. of ------------------------------------------------ Guarantors. ----------- Upon any payment or ----------------------------------------------------------- distribution of assets of any Guarantor referred to in this Article TwelveThirteen, the Trustee, subject to the provisions of Section 6.01, and the Holders, 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, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveThirteen; provided, -------- however, that the foregoing shall apply only if such court has been fully ------- apprised of the provisions of this Article TwelveThirteen.

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating Agent Regarding Dissolution, etc-------------------------------------------------------- Agent. of ------------------------------------------------ Guarantors. ----------- ----- Upon any payment or distribution of assets of any Guarantor the Company referred to in this Article Twelve10, the Trustee, subject to the provisions of Section 6.016.1, and the Holders, Holders 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 to the Trustee or to the Holders, 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 Article Twelve; provided, -------- however, that the foregoing shall apply only if such court has been fully ------- apprised of the provisions of this Article Twelve10.

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating Agent Regarding Dissolution, etc. ., of ------------------------------------------------ Guarantors. ----------- ------------------------------------------------------------ Upon any payment or distribution of assets of any Guarantor referred to in this Article TwelveThirteen, the Trustee, subject to the provisions of Section 6.01, and the Holders, Holders 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, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the Holders of Guarantor Senior 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 TwelveThirteen; provided, -------- however, provided that the foregoing shall apply only if such court has been fully ------- apprised of the provisions of this Article TwelveThirteen.

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating Agent Regarding Dissolution, etcAgent. of ------------------------------------------------ Guarantors. ----------- ----------------- Upon any payment or distribution of assets of any Subsidiary Guarantor referred to in this Article Twelve, the Trustee, subject to the provisions of Section 6.01Article Seven hereof, and the Holders, Holders of the Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up 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, receiver, liquidating trustee, custodianreceiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the HoldersHolders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness of 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 Twelve; provided, -------- however, that the foregoing shall apply only if such court has been fully ------- apprised of the provisions of this Article Twelve.

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating Agent Regarding Dissolution, etcAgent. of ------------------------------------------------ Guarantors. ----------- ----------------- Upon any payment or distribution of assets of any Guarantor the Company referred to in this Article TwelveFourteen, the Trustee, subject to the provisions of Section 6.01, and the Holders, 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, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the Holders of 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 TwelveArticle; provided, -------- however, that the foregoing shall apply only if such court has been fully ------- apprised of the provisions of this Article TwelveFourteen.

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

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

Reliance on Judicial Order. or Certificate of -------------------------------------------- --------------------------------------------- Liquidating Agent Regarding Dissolution, etcAgent. of ------------------------------------------------ Guarantors. ----------- ------------------ Upon any payment or distribution of assets of any Subsidiary Guarantor referred to in this Article Twelve, the Trustee, subject to the provisions of Section 6.01Article Seven hereof, and the Holders, Holders of the Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up 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, receiver, liquidating trustee, custodianreceiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the HoldersHolders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness of 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 Twelve; provided, -------- however, that the foregoing shall apply only if such court has been fully ------- apprised of the provisions of this Article Twelve.

Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating Agent Regarding Dissolution, etc-------------------------------------------------------- Agent. of ------------------------------------------------ Guarantors. ----------- ----- Upon any payment or distribution of assets of any Guarantor the Company referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Section 6.016.1, and the Holders, ----------- 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 Person making such payment or distribution, delivered to the Trustee or to the HoldersHolders of Securities, for the purpose of ascertaining the persons 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 Twelve; provided, -------- however, that the foregoing shall apply only if such court has been fully ------- apprised of the provisions of this Article TwelveArticle.