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 or the Guarantor (if the Securities are Guaranteed Securities) referred to in this Article XII, the Trustee, subject to the provisions of Section 7.1, and the 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 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 Holders of Securities, 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 or the Guarantor (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 Article XII.

Appears in 2 contracts

Samples: Indenture (Aimco Properties Lp), Indenture (Aimco Properties Lp)

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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 Article XIIArticle, the Common Guarantee Trustee, subject to the provisions of Section 7.13.02 hereof, and the Holders of the 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, 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 Senior Indebtedness Preferred Securities and other indebtedness of the Company or Guarantor, as the Guarantor (if the Securities are Guaranteed Securities)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 XIIArticle.

Appears in 2 contracts

Samples: Common Securities Guarantee Agreement (Bergen Brunswig Corp), Common Securities Guarantee Agreement (Bergen Brunswig Corp)

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