Reliance on Judicial Order. or Certificate of Liquidating Agent Upon any payment or distribution of assets of the Guarantor referred to in this Article, the Common Guarantee Trustee, subject to the provisions of Section 3.02 hereof, and the Holders of Common 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 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 Common Guarantee Trustee or to the Holders of Common Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Preferred Securities and other indebtedness of the Guarantor, 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 2 contracts
Samples: Common Securities Guarantee Agreement (Bergen Brunswig Corp), Common Securities Guarantee Agreement (Bergen Brunswig Corp)
Reliance on Judicial Order. or Certificate of Liquidating Agent Upon any payment or distribution of assets of the Company or the Guarantor (if the Securities are Guaranteed Securities) referred to in this ArticleArticle XII, the Common Guarantee Trustee, subject to the provisions of Section 3.02 hereof7.1, and the Holders of Common 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 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 Common Guarantee Trustee or to the Holders of Common Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Preferred Securities Senior Indebtedness and other indebtedness of the Guarantor, as Company or the case may beGuarantor (if the Securities are Guaranteed Securities), 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 2 contracts
Samples: Indenture (Aimco Properties Lp), Indenture (Aimco Properties Lp)
Reliance on Judicial Order. or Certificate of Liquidating Agent Upon any payment or distribution of assets of the Guarantor Company referred to in this ArticleArticle Ten, the Common Guarantee Trustee, subject to the provisions of Section 3.02 Article Seven hereof, and the Holders of Common Securities the Notes shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization, dissolution, winding up reorganization or similar case or proceeding is pendingpending so long as such order gives effect to the provisions of this Article 10, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodianreceiver, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the Common Guarantee Trustee or to the Holders of Common Securitiesthe Notes, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of Preferred Securities the Senior Indebtedness of the Company and other indebtedness Indebtedness of the Guarantor, as the case may beCompany, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Ten.
Appears in 1 contract
Samples: Indenture (Terex Corp)
Reliance on Judicial Order. or Certificate of -------------------------------------------- Liquidating Agent Agent. ----------------- Upon any payment or distribution of assets of the Guarantor Company referred to in this ArticleArticle Sixteen, the Common Guarantee Trustee, subject to the provisions of Section 3.02 hereof, Trustee and the Holders of Common the Debt Securities (and of any Coupons) shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which such any insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or upon 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 Common Guarantee Trustee or to the Holders of Common SecuritiesDebt Securities (or of any Coupons), for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Preferred Securities Senior Indebtedness and other indebtedness of the Guarantor, as the case may beCompany, the amount thereof or payable thereontherein, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Sixteen.
Appears in 1 contract
Samples: Indenture (Money Store Inc /Nj)