Common use of Trustee Entitled to Rely Clause in Contracts

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 are pending, upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders or upon the Representatives for the holders of Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt 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 XIV. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XIV, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 and 6.03 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV.

Appears in 16 contracts

Samples: Subordinated Indenture (Eplus Inc), Subordinated Indenture (Pioneer Energy Services Corp), Subordinated Indenture (Helix Energy Solutions Group Inc)

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Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV12, the Trustee and the Holders shall be entitled to rely (1) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 12.02 are pending, (2) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (3) upon the Representatives for the holders of Senior Indebtedness Debt of Holdings or any Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the such Senior Indebtedness Debt and other Debt indebtedness of Holdings or such Guarantor (as the Companycase 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 XIV12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness Debt of Holdings or any Guarantor to participate in any payment or distribution pursuant to this Article XIV12, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness Debt of Holdings or such Guarantor (as the case may be) held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV12, and, if such evidence is not furnished, the Trustee may shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01 and 6.03 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV12.

Appears in 10 contracts

Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV, Eleven the Trustee and the Holders shall be entitled to rely (i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 11.02 are pending, (ii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (iii) upon the Representatives for Senior Agent or any other proper representative of the holders of the relevant Senior Indebtedness Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt 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 XIVEleven. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of a relevant Subsidiary Guarantor’s Senior Indebtedness Debt to participate in any payment or distribution pursuant to this Article XIVEleven, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVEleven, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01, 7.02 and 6.03 7.03 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIVEleven.

Appears in 6 contracts

Samples: Indenture (Ardagh Group S.A.), Indenture (Ardagh Group S.A.), Indenture (Ardagh Finance Holdings S.A.)

Trustee Entitled to Rely. Upon any payment or distribution pursuant of assets of the Issuer referred to in this Article XIV2, the Trustee and the Holders shall of Notes will be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 2.12 hereof are pending, pending or upon a any certificate of such representative or of the liquidating trustee or agent or other Person making such payment or any distribution to the Trustee or to such the Holders or upon the Representatives for the holders of Senior Indebtedness Notes for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Issuer Senior Indebtedness Debt and other Debt Indebtedness of the CompanyIssuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XIV2. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder the holders of Issuer Senior Indebtedness Debt to participate in any payment or distribution pursuant to this Article XIV2, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Issuer Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV, 2 and, if such evidence is not furnished, the Trustee may shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 Section 7.01 and 6.03 Section 7.02 of the Indenture shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV2.

Appears in 6 contracts

Samples: Note Subordination Agreement, Note Subordination Agreement (Centrus Energy Corp), Note Subordination Agreement (Centrus Energy Corp)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV10, the Trustee and the Holders shall be entitled to rely (1) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 10.02 hereof are pending, (2) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (3) upon the Representatives for the holders of Senior Indebtedness Debt of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the such Senior Indebtedness Debt and other Debt 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 XIV10. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness Debt of the Company to participate in any payment or distribution pursuant to this Article XIV10, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV10, and, if such evidence is not furnished, the Trustee may shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01 and 6.03 7.02 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV10.

Appears in 6 contracts

Samples: Indenture (Polypore International, Inc.), Indenture (Transdigm Inc), Indenture (TransDigm Group INC)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVTen, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 10.02 are pending, upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders or upon the Representatives for the holders of Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt 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 XIVTen. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XIVTen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVTen, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01 and 6.03 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIVTen.

Appears in 5 contracts

Samples: Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVX, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 10.02 are pending, upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders or upon the Representatives for the holders of Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt of the CompanyPartnership or the 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 XIV. X. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XIVX, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVX, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01 and 6.03 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV.X.

Appears in 4 contracts

Samples: Indenture (Martin Operating Partnership L.P.), Indenture (Martin Operating Partnership L.P.), Indenture (Martin Operating Partnership L.P.)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV10, the Trustee and the Holders shall be entitled to rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 10.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (c) upon the Representatives for the holders of Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the such Senior Indebtedness and other Debt of the CompanyIndebtedness, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XIV10. In the event that the Trustee determines, in good faith, determines that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XIV10, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV10, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01 and 6.03 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV10.

Appears in 3 contracts

Samples: Indenture (Verso Paper Corp.), Third Supplemental Indenture (Verso Paper Corp.), Indenture (Verso Sartell LLC)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV11, the Trustee and the Holders shall be entitled to rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 11.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (c) upon the Representatives Representative for the holders of Senior Indebtedness Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other Debt 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 XIV11. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness Debt to participate in any payment or distribution pursuant to this Article XIV11, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV11, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01 and 6.03 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV11.

Appears in 3 contracts

Samples: Indenture (Tousa Delaware Inc), Senior Subordinated Indenture (TOUSA Investment #1, Inc.), Subordinated Indenture (TOUSA Investment #1, Inc.)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVX, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 10.02 are pending, upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders or upon the Representatives for the holders of Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt of the CompanyCompany or the Guarantors, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XIV. X. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XIVX, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVX, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01 and 6.03 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV.X.

Appears in 3 contracts

Samples: Subordinated Indenture (Jones Energy, Inc.), Subordinated Indenture (Jones Energy Holdings, LLC), Subordinated Indenture (Western Wisconsin Sand Company, LLC)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 are pending, upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders or upon the Representatives for the holders of Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt 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 XIV. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XIV, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01 and 6.03 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV.

Appears in 3 contracts

Samples: Indenture (Warren Resources of California Inc), Indenture (Warren Resources of California Inc), Indenture (Warren Resources of California Inc)

Trustee Entitled to Rely. Upon any payment or distribution pursuant of assets of the Issuer referred to in this Article XIV2, the Trustee and the Holders shall of Notes will be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 2.26 hereof are pending, pending or upon a any certificate of such representative or of the liquidating trustee or agent or other Person making such payment or any distribution to the Trustee or to such the Holders or upon the Representatives for the holders of Senior Indebtedness Notes for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Issuer Senior Indebtedness Debt and other Debt Indebtedness of the CompanyIssuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XIV2. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder the holders of Issuer Senior Indebtedness Debt to participate in any payment or distribution pursuant to this Article XIV2, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Issuer Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV, 2 and, if such evidence is not furnished, the Trustee may shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 Section 7.01 and 6.03 Section 7.02 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV2.

Appears in 3 contracts

Samples: Indenture Agreement (Centrus Energy Corp), Indenture Agreement (United States Enrichment Corp), Indenture Agreement (Usec Inc)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVII, the Trustee and the Holders shall be entitled to rely (i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 2.2 above are pending, (ii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (iii) upon the Representatives for the holders of Senior Indebtedness Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other Debt 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 XIVII. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness Debt to participate in any payment or distribution pursuant to this Article XIVII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVII, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01 and 6.03 7.02 of the Indenture shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIVII.

Appears in 3 contracts

Samples: First Supplemental Indenture (Revlon Inc /De/), Second Supplemental Indenture (Revlon Inc /De/), Second Supplemental Indenture (Revlon Inc /De/)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVXII, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 12.02 are pending, upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders or upon the Representatives for the holders of Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt of the CompanyPartnership, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XIVXII. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XIVXII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVXII, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01, 7.02 and 6.03 7.07 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIVXII.

Appears in 2 contracts

Samples: Indenture (Enbridge Energy Partners Lp), Indenture (Enbridge Energy Partners Lp)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVXII, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 12.02 are pending, upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders or upon the Representatives for the holders of Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt of the CompanyPartnership, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XIVXII. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XIVXII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVXII, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01 and 6.03 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIVXII.

Appears in 2 contracts

Samples: Indenture (Spectra Energy Partners, LP), Indenture (Northern Border Partners Lp)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVXIII, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 13.02 are pending, upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders or upon the Representatives for the holders of Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt 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 XIVXIII. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XIVXIII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVXIII, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01 and 6.03 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIVXIII.

Appears in 2 contracts

Samples: Indenture (Texas Capital Bancshares Inc/Tx), Indenture (American Oil & Gas Inc)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVXII, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 12.02 are pending, upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders or upon the Representatives for the holders of Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt of the CompanyPartnership, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XIVXII. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XIVXII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVXII, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 and 6.03 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV.

Appears in 2 contracts

Samples: Subordinated Indenture (MPLX Lp), Subordinated Indenture (MPLX Lp)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV12, the Trustee and the Holders shall be entitled to rely (i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 12.02 are pending, (ii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (iii) upon a certificate of the Representatives for the holders of Senior Indebtedness Parent Credit Facility Agent for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt of the CompanyParent Credit Facility Obligations, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XIV12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness the Parent Credit Facility Obligations to participate in any payment or distribution pursuant to this Article XIV12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness the Parent Credit Facility Obligations held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV12, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 Section 7.01 and 6.03 Section 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV12.

Appears in 1 contract

Samples: Indenture (Trico Marine Services Inc)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVThirteen, the Trustee and the Holders shall be entitled to rely (i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 1302 are pending, (ii) upon a certificate of the liquidating trustee, receiver, trustee in bankruptcy or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (iii) upon the Representatives for the holders of Senior Indebtedness or such holders if there is no Representative with respect to any Senior Indebtedness, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt 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 XIVThirteen. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XIVThirteen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVThirteen, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 601 and 6.03 603 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIVThirteen.

Appears in 1 contract

Samples: Indenture (Vintage Petroleum Inc)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVArticle, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 are pending, upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders or upon the Representatives for the holders of Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt 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 XIVArticle. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XIVArticle, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVArticle, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 and 6.03 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIVArticle.

Appears in 1 contract

Samples: Subordinated Indenture (DXP Enterprises Inc)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article Aricle XIV, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 are pending, upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders or upon the Representatives for the holders of Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt Indebtedness of the CompanyPartnership, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Aricle XIV. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article Aricle XIV, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article Aricle XIV, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 and 6.03 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article Aricle XIV.

Appears in 1 contract

Samples: Subordinated Indenture (Buckeye Partners, L.P.)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV11, the Trustee and the Holders shall be entitled to rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 11.02 hereof are pending, (b) upon a certificate of the liquidating trustee, receiver, trustee in bankruptcy, or agent or other Person making such payment or distribution to the Trustee or to such Holders the Holders, or (c) upon the Representatives for the holders of Senior Indebtedness Debt of the Company or such holders if there is no Representative with respect to any Senior Debt of the Company, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt of the CompanyCompany and other Indebtedness, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XIV11. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness Debt of the Company to participate in any payment or distribution pursuant to this Article XIV11, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution distribution, and other facts pertinent to the rights of such Person under this Article XIV11, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The 103 provisions of Sections 6.01 and 6.03 Section 5.03 hereof shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV11.

Appears in 1 contract

Samples: Indenture (Western Gas Resources Inc)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV, 11 the Trustee and the Holders shall be entitled to rely (i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 11.02 are pending, (ii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (iii) upon the Representatives for Senior Agent or any other proper representative of the holders of the relevant Senior Indebtedness Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt 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 XIV11. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of a relevant Guarantor’s Senior Indebtedness Debt to participate in any payment or distribution pursuant to this Article XIV11, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV11, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01, 7.02 and 6.03 7.03 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV11.

Appears in 1 contract

Samples: Indenture (Digicel Group LTD)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV, Fourteen the Trustee and the Holders shall be entitled to rely (i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 are pending, (ii) upon a certificate of the liquidating trustee Trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (iii) upon the Representatives for Senior Agent or any other proper representative of the holders of the relevant Senior Indebtedness Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt 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 XIVFourteen. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of a relevant Subsidiary Guarantor’s Senior Indebtedness Debt to participate in any payment or distribution pursuant to this Article XIVFourteen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVFourteen, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01, 7.02 and 6.03 7.03 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIVFourteen.

Appears in 1 contract

Samples: Indenture (Hungarian Telephone & Cable Corp)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVXIII, the Trustee and the Holders shall be entitled to conclusively rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 13.01(d) are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (c) upon the Representatives for the holders of Senior Indebtedness Agents for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Obligations and other Debt of the CompanyIssuer or 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 XIVXIII. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness Creditor to participate in any payment or distribution pursuant to this Article XIVXIII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Obligations held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVXIII, and, if such evidence is not furnished, the Trustee may may, without liability, defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01 and 6.03 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIVXIII.

Appears in 1 contract

Samples: Indenture (Hersha Hospitality Trust)

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Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVX, the Trustee and the Holders shall be entitled to rely (i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 10.3 are pending, (ii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (iii) upon the Representatives for the holders of Designated Senior Indebtedness Agents, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior other Indebtedness and other Debt of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or thereto, to this Article XIV. X. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness Debt of the Company to participate in any payment or distribution pursuant to this Article XIVX, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness Debt of the Company held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVX, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.1 and 6.03 7.2 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV.X.

Appears in 1 contract

Samples: Mezzanine Indenture (Waterford Wedgwood PLC)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV11, the Trustee and the Holders shall be entitled to rely (a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 11.02 are pending, (b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (c) upon the Representatives Representative for the holders of Senior Indebtedness Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other Debt 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 XIV11. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness Debt to participate in any payment or distribution pursuant to this Article XIV11, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV11, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 Section 7.01 and 6.03 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV11.

Appears in 1 contract

Samples: Indenture (Technical Olympic Usa Inc)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV, Eleven the Trustee and the Holders shall be entitled to rely (i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 11.02 are pending, (ii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (iii) upon the Representatives for Senior Agent or any other proper representative of the holders of the relevant Senior Indebtedness Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt 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 XIVEleven. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of a relevant Guarantor’s Senior Indebtedness Debt to participate in any payment or distribution pursuant to this Article XIVEleven, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVEleven, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01, 7.02, 7.03 and 6.03 7.07 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIVEleven.

Appears in 1 contract

Samples: Indenture (Digicel Group LTD)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV12, the Trustee and the Holders Noteholders shall be entitled to rely (1) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 12.02 hereof are pending, (2) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders the Noteholders or (3) upon the Representatives for the holders of Senior Indebtedness Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the such Senior Indebtedness Debt and other Debt 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 XIV12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness Debt to participate in any payment or distribution pursuant to this Article XIV12, the Trustee may shall be entitled to request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV12, and, if such evidence is not furnished, the Trustee may shall be entitled to defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 601 and 6.03 603 of the Original Indenture shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV12.

Appears in 1 contract

Samples: First Supplemental Indenture (Whiting Petroleum Corp)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV, Fourteen the Trustee and the Holders shall be entitled to rely (i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 are pending, (ii) upon a certificate of the liquidating trustee Trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (iii) upon the Representatives for Senior Agent or any other proper representative of the holders Holders of the relevant Senior Indebtedness Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt 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 XIVFourteen. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder Holder of a relevant Subsidiary Guarantor’s Senior Indebtedness Debt to participate in any payment or distribution pursuant to this Article XIVFourteen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVFourteen, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 Section 7.01, Section 7.02 and 6.03 Section 7.03 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIVFourteen.

Appears in 1 contract

Samples: Indenture (Hungarian Telephone & Cable Corp)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVArticle, the Trustee and the Holders shall be entitled to rely (i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 10.02 are pending, (ii) upon a certificate of the liquidating trustee, receiver, trustee in bankruptcy or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (iii) upon the Representatives for the holders of Senior Indebtedness of the Company or such holders if there is no Representative with respect to any Senior Indebtedness of the Company, 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 Debt of the CompanyIndebtedness, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XIVArticle. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article XIVArticle, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVArticle, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.02 and 6.03 7.03 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIVArticle.

Appears in 1 contract

Samples: Indenture (Wiser Marketing Co)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVFourteen, the Trustee and the Holders holders of Debt Securities shall be entitled to rely (i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 are pending, (ii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders the holders of Debt Securities or (iii) upon the Representatives for the holders of Senior Indebtedness or upon the holders of Senior Indebtedness for which there are no Representatives for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Indebtedness, and other Debt 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 XIVFourteen. In the event that the Trustee determines, in good faith, that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XIVFourteen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV, Fourteen and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 and 6.03 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV.

Appears in 1 contract

Samples: Indenture for Subordinated Debentures (General Electric Capital Corp)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV13, the Trustee and the Holders shall be entitled to rely (i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 13.02 are pending, (ii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (iii) upon the Representatives for the holders of Senior Indebtedness Lenders for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the Lenders and other holders of the Senior Indebtedness and other Debt indebtedness of the CompanyGuarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XIV13. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness Lender to participate in any payment or distribution pursuant to this Article XIV13, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of amounts owing to such Person under the Senior Indebtedness held by such PersonCredit Facility, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV13, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01 and 6.03 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV13.

Appears in 1 contract

Samples: Indenture (Restoration Hardware Holdings Inc)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVXII, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 12.02 are pending, upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders or upon the Representatives for the holders of Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt of the CompanyIssuer or the 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 XIVXII. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XIVXII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVXII, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 and 6.03 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV.

Appears in 1 contract

Samples: Subordinated Indenture (MPLX Operations LLC)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV, 11 the Trustee and the Holders shall be entitled to rely (i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 11.02 are pending, (ii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (iii) upon the Representatives for Senior Agent or any other proper representative of the holders of the relevant Senior Indebtedness Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt 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 XIV11. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of a relevant Guarantor’s Senior Indebtedness Debt to participate in any payment or distribution pursuant to this Article XIV11, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV11, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01, 7.02, 7.03 and 6.03 7.07 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV11.

Appears in 1 contract

Samples: Indenture (Digicel Group LTD)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVXIII, the Trustee and the Holders shall be entitled to rely (i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 1302 are pending, (ii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (iii) upon the Representatives for the holders of Senior Indebtedness Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other Debt 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 XIVXIII. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness Debt to participate in any payment or distribution pursuant to this Article XIVXIII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV13, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 601 and 6.03 603 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIVXIII.

Appears in 1 contract

Samples: Subordinated Indenture (Teligent Inc)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVXIII, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 13.02 are pending, upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders or upon the Representatives for the holders of Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt of the CompanyPartnership, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XIVXIII. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XIVXIII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVXIII, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 Section 7.01 and 6.03 Section 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIVXIII.

Appears in 1 contract

Samples: Indenture (ONEOK Partners LP)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 1402 are pending, upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders or upon the Representatives for the holders of Senior Indebtedness Debt of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other Debt 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 XIV. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness Debt of the Company to participate in any payment or distribution pursuant to this Article XIV, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 601 and 6.03 603 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV.

Appears in 1 contract

Samples: First Supplemental Indenture (DCP Midstream Partners, LP)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIV12, the Trustee and the Holders shall be entitled to rely (i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 12.02 are pending, (ii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such the Holders or (iii) upon a certificate of the Representatives for Representative of the holders of Senior Indebtedness of any Guarantor or, if there is no Representative, the holders of such Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness of any Guarantor and other Debt Indebtedness of the Companysuch 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 XIV12. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness of any Guarantor to participate in any payment or distribution pursuant to this Article XIV12, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness of such Guarantor held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIV12, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01 and 6.03 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV12.

Appears in 1 contract

Samples: Subordinated Indenture (Pilgrims Pride Corp)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVX, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 10.02 are pending, upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders or upon the Representatives for the holders of Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt of the CompanyIssuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XIV. X. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XIVX, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVX, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01 and 6.03 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIV.X.

Appears in 1 contract

Samples: Indenture (EQM Midstream Partners, LP)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article XIVSeventeen, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 14.02 17.02 are pending, upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to such Holders or upon the Representatives for the holders of Senior Indebtedness for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other Debt of the CompanyCorporation, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XIVSeventeen. In the event that the Trustee determines, in good faith, that evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XIVSeventeen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and other facts pertinent to the rights of such Person under this Article XIVSeventeen, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. The provisions of Sections 6.01 7.01 and 6.03 7.02 shall be applicable to all actions or omissions of actions by the Trustee pursuant to this Article XIVSeventeen.

Appears in 1 contract

Samples: Indenture (Mercer International Inc.)

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