Common use of CONFORMED COPY Clause in Contracts

CONFORMED COPY. (h) The Registered Holder Entitled to Rely. Upon any payment or distribution pursuant to these subordination provisions, the registered holder 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 paragraph (a) above are pending, (ii) upon a certificate of the liquidating trustee or agent or other person making such payment or distribution to the registered holder or (iii) upon the representatives for the holder of the Senior Debt for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holder of the Senior Debt and other indebtedness of the Borrower, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to the subordination provisions of this Note. (i) Reliance by the Holder of the Senior Debt on Subordination Provisions. The registered holder, by accepting this Note, acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to the holder of the Senior Debt, whether such Senior Debt was created or acquired before or after the issuance of this Note, to acquire and continue to hold, or to continue to hold, such Senior Debt, and such holder of Senior Debt shall be deemed conclusively to have relied on such subordination provisions in acquiring and continuing to hold, or in continuing to hold, such Senior Debt. These subordination provisions are intended to be for the benefit of, and shall be enforceable directly by, the holder of the Senior Debt. The registered holder hereby waives to the fullest extent permitted by law any right to compel marshaling or to otherwise seek to compel the holder of the Senior Debt to follow any particular order of realization upon any collateral for or any particular order or manner of enforcement of remedies with respect to the Senior Debt.