Common use of Trustee Entitled to Rely Clause in Contracts

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12, the Trustee and the Securityholders 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 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 the Securityholders or (3) upon the Representatives for the holders of Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness and other Indebtedness of such 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 12.

Appears in 1 contract

Samples: Indenture (Wilmar Holdings Inc)

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Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12ARTICLE X, the Trustee and the Securityholders shall be entitled to rely rely (1i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 SECTION 10.2 are pending, , (2ii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Securityholders or or (3iii) upon the Representatives for the holders of Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Senior Indebtedness and other Indebtedness of such Subsidiary Guarantorthe 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 12.ARTICLE

Appears in 1 contract

Samples: Indenture (Georgia Gulf Corp /De/)

Trustee Entitled to Rely. Upon any payment or ------------------------ distribution pursuant to this Article 1214, the Trustee and the Securityholders Holders shall be ---------- entitled to rely rely (1i) upon any order or decree of a court of competent - jurisdiction in which any proceedings of the nature referred to in Section 12.02 1402 ------------ are pending, , (2ii) upon a certificate of the liquidating trustee or agent or -- other Person making such payment or distribution to the Trustee or to the Securityholders Holders or (3iii) upon the Representatives for the holders of Senior Indebtedness of any Subsidiary Guarantor for the --- purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such the Senior Indebtedness and other Indebtedness of such Subsidiary Guarantorthe 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 12.-------

Appears in 1 contract

Samples: Indenture (Dynatech Corp)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1210, the Trustee and the Securityholders shall be entitled to rely rely (1i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.2 are pending, , (2ii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Securityholders or or (3iii) upon the Representatives for the holders of Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such the Senior Indebtedness and other Indebtedness of such Subsidiary Guarantorthe 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 12.Article

Appears in 1 contract

Samples: Indenture (Telex Communications Inc)

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Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 1210, the Trustee and the Securityholders Debentureholders shall be entitled to rely rely (1i) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 10.02 are pending, , (2ii) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Securityholders or Debentureholders or (3iii) upon the Representatives for the holders of Senior Indebtedness of any Subsidiary Guarantor Debt for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such the Senior Indebtedness Debt and other Indebtedness of such Subsidiary Guarantorthe 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 12.this

Appears in 1 contract

Samples: Indenture (Petroleum Heat & Power Co Inc)

Trustee Entitled to Rely. Upon any payment or distribution pursuant to this Article 12Section 9.08, the Trustee and the Securityholders Holders shall be entitled to rely conclusively rely (1a) upon any order or decree of a court of competent jurisdiction in which any proceedings of the nature referred to in Section 12.02 9.08(B) are pending, , (2b) upon a certificate of the liquidating trustee or agent or other Person making such payment or distribution to the Trustee or to the Securityholders or Holders or (3c) upon the Holdings Representatives for the holders of Holdings Senior Indebtedness of any Subsidiary Guarantor for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of such Holdings Senior Indebtedness and other Indebtedness of such Subsidiary GuarantorHoldings, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 12Section 9.

Appears in 1 contract

Samples: Indenture (Realogy Group LLC)

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