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 Parent referred to in this Article VI, the Trustee and the Securityholders 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, 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 Securityholders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of Parent Senior Indebtedness and other indebtedness of Parent, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article VI.

Appears in 1 contract

Samples: First Supplemental Indenture (Johnson & Johnson)

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Reliance on Judicial Order. or Certificate of Liquidating Agent. Upon any payment or distribution of assets of Parent referred to the Guarantor in this Article VIconnection with the occurrence of an Event of Default under the Declaration of Trust, the Trustee Guarantee Trustee, subject to the provisions of Article 3, and the Securityholders Holders 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 a 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 Guarantee Trustee or to the SecurityholdersHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Parent Senior Indebtedness and other indebtedness of Parentthe 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 VIArticle.

Appears in 1 contract

Samples: Guarantee Agreement (Bowater Inc)

Reliance on Judicial Order. or Certificate of Liquidating Agent. Upon any payment or distribution of assets of Parent referred to in this Article VI, the Trustee and the Securityholders Debentureholders 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, 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 SecurityholdersDebentureholders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of Parent Senior Indebtedness Obligations and other indebtedness of Parent, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article VI.

Appears in 1 contract

Samples: First Supplemental Indenture (Johnson & Johnson)

Reliance on Judicial Order. or Certificate of Liquidating Agent. Upon any payment or distribution of assets of Parent the Guarantor referred to in this Article VISection 3, the Trustee and holders of the Securityholders Guarantees shall be entitled to conclusively rely upon any final, nonappealable 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, liquidating trustee, custodianCustodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Securityholdersholders of Guarantees, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of Parent the Senior Indebtedness and other indebtedness of Parentthe 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 VISection 3.

Appears in 1 contract

Samples: Guarantee Agreement (Elan Corp PLC)

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Reliance on Judicial Order. or Certificate of Liquidating Agent. Upon any payment or distribution of assets of Parent Kingsway America referred to in this Article VIArticle, the Trustee and the Securityholders holder of this Subordinated Note 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, 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 Securityholdersholder of this Subordinated Note, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of Parent Senior Indebtedness Debt and other indebtedness Indebtedness of ParentKingsway 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 VIArticle.

Appears in 1 contract

Samples: Junior Subordinated Note (Kingsway Financial Services Inc)

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