Common use of Distribution or Notice to Representative Clause in Contracts

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Debt, the distribution may be made and the notice given to their Representative. Upon any payment or distribution of assets of the Company referred to in this Article XI, the Trustee and the holders of Convertible Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person making any distribution to the Trustee or to the holders of Convertible Notes for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt and other 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 XI.

Appears in 4 contracts

Sources: Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior DebtIndebtedness, the distribution may be made and the notice given to their Representativerepresentative(s). Upon any payment or distribution of assets of the Company referred to in this Article XI14, the Trustee and the holders Holders of Convertible Notes Securities shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative representative or of the liquidating trustee or agent or other person making any distribution to the Trustee or to the holders Holders of Convertible Notes Securities for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt Indebtedness and other 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 XI14.

Appears in 4 contracts

Sources: First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior Debt, the distribution may be made and the notice given to their Representativethe Representative of such Senior Debt. Upon any payment or distribution of assets of the Company referred to in this Article XIX, the Trustee and the holders Holders of Convertible Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to the holders Holders of Convertible Notes for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debt and other indebtedness 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 XI.X.

Appears in 3 contracts

Sources: Indenture (Tesoro Alaska Co), Indenture (Tesoro Alaska Co), Indenture (Victory Finance Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Debt, the distribution may be made and the notice given to their Representative. Upon any payment or distribution of assets of the Company Borrower or any Guarantor referred to in this Article XIX, the Trustee Administrative Agent and the holders of Convertible Notes Lenders shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person Person making any distribution to the Trustee Administrative Agent or to the holders of Convertible Notes Lenders for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debt and other indebtedness Indebtedness of the CompanyBorrower and 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 XI.X.

Appears in 3 contracts

Sources: Bridge Loan Agreement (Windmere Durable Holdings Inc), Bridge Loan Agreement (Key Energy Group Inc), Bridge Loan Agreement (Pca International Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior DebtIndebtedness, the distribution may be made and the notice given to their the Representative. Upon any payment or distribution of assets of the Company or any Restricted Subsidiary referred to in this Article XI, the Trustee and the holders of Convertible Notes Holders shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such the Representative or of the liquidating trustee or agent or other person making any distribution to the Trustee or to the holders of Convertible Notes Holders for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debt Indebtedness and other indebtedness Indebtedness of the CompanyCompany and the Restricted Subsidiaries, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XI.

Appears in 3 contracts

Sources: Indenture (Neenah Foundry Co), Indenture (Cast Alloys Inc), Indenture (Neenah Foundry Co)

Distribution or Notice to Representative. (a) Whenever a distribution is to be made or a notice given to holders of Senior DebtIndebtedness, the distribution may be made and the notice given to their Representative. . (b) Upon any payment or distribution of assets of the Company referred to in this Article XITen, the Trustee and the holders Holders of Convertible Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to the holders Holders of Convertible Notes for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debt Indebtedness and other indebtedness 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 XITen.

Appears in 3 contracts

Sources: Note Purchase Agreement (Signal Medical Services), Note Purchase Agreement (Jw Childs Equity Partners Ii Lp), Indenture (Renal Care Group Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Debt, the distribution may be made and the notice given to their RepresentativeRepresentative(s). Upon any payment or distribution of assets of the Company referred to in this Article XIX, the Trustee and the holders of Convertible Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person making any distribution to the Trustee or to the holders of Convertible Notes for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt and other 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 XI.X.

Appears in 3 contracts

Sources: Euro Indenture (JSG Acquisitions I), Dollar Indenture (JSG Acquisitions I), Dollar Indenture (MDCP Acquisitions I)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Debt, the distribution may be made and the notice given to their Representative. Upon any payment or distribution of assets of the Company referred to in this Article XI, the Trustee and the holders of Convertible Subordinated Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to the holders of Convertible Subordinated Notes for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debt and other 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 XI.

Appears in 2 contracts

Sources: Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Debt, the distribution may be made and the notice given to their Representative. Upon any payment or distribution of assets of the Company referred to in this Article XI, the Trustee and the holders of Convertible Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person making any distribution to the Trustee or to the holders of Convertible Notes for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt and other 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 XI.

Appears in 2 contracts

Sources: Indenture (Guilford Pharmaceuticals Inc), Indenture (Credence Systems Corp)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Debt, the distribution may be made and the notice given to their Representative. Upon any payment or distribution of assets of the Company referred to in this Article XI, the Trustee and the holders of Convertible Subordinated Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person making any distribution to the Trustee or to the holders of Convertible Subordinated Notes for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt and other 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 XI.

Appears in 2 contracts

Sources: Indenture (Credence Systems Corp), Indenture (Hutchinson Technology Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior DebtIndebtedness, the distribution may be made and the notice given to their trustee or Representative. Upon any payment or distribution of assets of the Company referred to in this Article XI, the Trustee and the holders of Convertible Notes Holders the Securities shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative representative(s) or of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to the holders of Convertible Notes Holders for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the all holders of the Senior Debt Indebtedness and other indebtedness 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 XI.

Appears in 1 contract

Sources: Indenture (Protein Design Labs Inc/De)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior DebtIndebtedness, the distribution may be made and the notice given to their Representativerepresentative (if any). Upon any payment or distribution of assets of the Company referred to in this Article XI, the Trustee and the holders Holders of Convertible Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative representative or of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to the holders Holders of Convertible Notes for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debt Indebtedness and other indebtedness 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 XI.

Appears in 1 contract

Sources: Indenture (VHS of Phoenix Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Debt, the distribution may be made and the notice given to their Representative. Upon any payment or distribution of assets of any of the Company Issuers or the Guarantors referred to in this Article XIX, the Trustee and the holders Holders of Convertible Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to the holders Holders of Convertible Notes for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debt and other indebtedness Indebtedness of the CompanyIssuers, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XI.X.

Appears in 1 contract

Sources: Indenture (Oasis Interval Ownership, LLC)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Debt, the distribution may be made and the notice given to their Representative. Upon any payment or distribution of assets of the Company or any of the Guarantors referred to in this Article XI, the Trustee and the holders Holders of Convertible Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to the holders Holders of Convertible Notes for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debt and other indebtedness 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 XI.

Appears in 1 contract

Sources: Indenture (MTR Gaming Group Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior DebtIndebtedness, the distribution may be made and the notice given to their Representative. Upon any payment or distribution of assets of the Company referred to in this Article XIArticle, the Trustee and the holders Holders of Convertible Notes Subordinated Securities shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to the holders Holders of Convertible Notes Subordinated Securities for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debt Indebtedness and other indebtedness 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 XIArticle.

Appears in 1 contract

Sources: Indenture (Caraustar Industries Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior DebtIndebtedness, the distribution may be made and the notice given to their Representative. Upon any payment or distribution of assets of the Company referred to in this Article XIXIII, the Trustee and the holders of Convertible Notes any series of Securities shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to the holders of Convertible Notes any series of Securities for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debt Indebtedness and other 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 XIXIII.

Appears in 1 contract

Sources: Indenture (Steelcase Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior DebtIndebtedness, the distribution may be made and the notice given to their Representativerepresentative (if any). Upon any payment or distribution of assets of the Company any Guarantor referred to in this Article XIXII, the Trustee and the holders Holders of Convertible Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative representative or of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to the holders Holders of Convertible Notes for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debt Indebtedness and other indebtedness Indebtedness of the Companyrespective 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 XIXII.

Appears in 1 contract

Sources: Indenture (VHS of Phoenix Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior DebtDesignated Secured Indebtedness, the distribution may be made and the notice given to their Representativerepresentative. Upon any payment or distribution of assets of the Company referred to in this Article XI, the Trustee and the holders of Convertible Notes Securities shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative representative or of the liquidating trustee or agent or other person making any distribution to the Trustee or to the holders of Convertible Notes Securities for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt Designated Secured Indebtedness and other 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 XI.

Appears in 1 contract

Sources: Indenture (Charys Holding Co Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Debt, the distribution may be made and the notice given to their RepresentativeRepresentative(s). 99 Upon any payment or distribution of assets of the Company referred to in this Article XIX, the Trustee and the holders of Convertible Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person making any distribution to the Trustee or to the holders of Convertible Notes for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt and other 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 XI.X.

Appears in 1 contract

Sources: Euro Indenture (MDCP Acquisitions I)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Debt, the distribution may be made and the notice given to their Representativerepresentative(s). Upon any payment or distribution of assets of the Company referred to in this Article XIXII, the Trustee and the holders of Convertible Notes Securities shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative representative or of the liquidating trustee or agent or other person making any distribution to the Trustee or to the holders of Convertible Notes Securities for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt and other 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 XIXII.

Appears in 1 contract

Sources: Indenture (Komag Inc /De/)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Debt, the distribution may be made and the notice given to their Representativerepresentative(s). Upon any payment or distribution of assets of the Company referred to in this Article XIARTICLE XIII, the Trustee and the holders of Convertible Notes Securities shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person making any distribution to the Trustee or to the holders of Convertible Notes Securities for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt and other 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 XIARTICLE XIII.

Appears in 1 contract

Sources: Indenture (CTS Corp)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior DebtIndebtedness, the distribution may be made and the notice given to their Representative. Upon any payment or distribution of assets of the Company referred to in this Article XITwelve, the Trustee and the holders Holders of Convertible Notes Securities shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to the holders Holders of Convertible Notes Securities for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debt Indebtedness and other indebtedness 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 XITwelve.

Appears in 1 contract

Sources: Subordinated Indenture (Magna Entertainment Corp)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior DebtSecured Indebtedness, the distribution may be made and the notice given to their Representativerepresentative. Upon any payment or distribution of assets of the Company referred to in this Article XI, the Trustee and the holders of Convertible Notes Securities shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative representative or of the liquidating trustee or agent or other person making any distribution to the Trustee or to the holders of Convertible Notes Securities for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt Secured Indebtedness and other 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 XI.

Appears in 1 contract

Sources: Indenture (Medis Technologies LTD)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Debt, the distribution may be made and the notice given to their Representative. Upon any payment or distribution of assets of the Company Issuer referred to in this Article XIX, the Trustee and the holders Holders of Convertible Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to the holders Hold- ers of Convertible Notes for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debt and other indebtedness 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 XI.X.

Appears in 1 contract

Sources: Indenture (Nortek Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Debt, the distribution may be made and the notice given to their Representativerepresentative(s). Upon any payment or distribution of assets of the Company referred to in this Article XIV, the Trustee and the holders of Convertible Notes Securities shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person making any distribution to the Trustee or to the holders of Convertible Notes Securities for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt and other 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 XI.V.

Appears in 1 contract

Sources: Indenture (Pharmaceutical Resources Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Debt, the distribution may be made and the notice given to their Representative. Upon any payment or distribution of assets of the Company either AirGate or any Guarantor referred to in this Article XI, the Trustee and the holders of Convertible Notes Holders shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative of the Senior Debt or of the liquidating trustee or agent or other person making any distribution to the Trustee or to the holders of Convertible Notes Holders for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt and other indebtedness Indebtedness of the CompanyAirGate, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XI.

Appears in 1 contract

Sources: Indenture (Agw Leasing Co Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Debt, the distribution may be made and the notice given to their Representativerepresentative(s). Upon any payment or distribution of assets of the Company [or any Guarantor] referred to in this Article XI[__], the Trustee and the holders of Convertible Notes Securities shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative representative or of the liquidating trustee or agent or other person making any distribution to the Trustee or to the holders of Convertible Notes Securities for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt and other 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 XI[__].

Appears in 1 contract

Sources: Indenture (Evergreen Solar Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior DebtIndebtedness, the distribution may be made and the notice given to their Representative. Upon any payment or distribution of assets of the Company referred to in this Article XIX, the Trustee and the holders Holders of Convertible Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative or of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to the holders Holders of Convertible Notes for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debt Indebtedness and other indebtedness 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 XI.X.

Appears in 1 contract

Sources: Indenture (Iae Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of any Senior DebtIndebtedness, the distribution may be made and the notice given to their Representativerepresentative. Upon any payment or distribution of assets of the Company referred to in this Article XIArticle, the Trustee and the holders Holders of Convertible Notes Securities shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative representative(s) or of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to the holders Holders of Convertible Notes Securities for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the all holders of the Senior Debt Indebtedness and other indebtedness 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 XIArticle.

Appears in 1 contract

Sources: Subordinated Indenture (Province Healthcare Co)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Debt, the distribution may be made and the notice given to their Representative. Upon any payment or distribution of assets of the Company either AirGate or any Guarantor referred to in this Article XIXII, the Trustee and the holders of Convertible Notes Holders shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative of the Senior Debt or of the liquidating trustee or agent or other person making any distribution to the Trustee or to the holders of Convertible Notes Holders for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt and other indebtedness Indebtedness of the CompanyAirGate, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article XIXII.

Appears in 1 contract

Sources: Indenture (Airgate PCS Inc /De/)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior DebtDebt of the Company, the distribution may be made and the notice given to their Representativerepresentative. Upon any payment or distribution of assets of the Company referred to in this Article XI10, the Trustee and the holders Holders of Convertible Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative representative or of the liquidating trustee or agent or other person Person making any distribution to the Trustee or to the holders Holders of Convertible Notes for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debt and other indebtedness 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 XI10.

Appears in 1 contract

Sources: Indenture (Baker J Inc)

Distribution or Notice to Representative. Whenever a distribution is to be made or a notice given to holders of Senior Debt, the distribution may be made and the notice given to their Representativerepresentative(s). Upon any payment or distribution of assets of the Company [or any Guarantor] referred to in this Article XI[___], the Trustee and the holders of Convertible Notes Securities shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction or upon any certificate of such Representative representative or of the liquidating trustee or agent or other person making any distribution to the Trustee or to the holders of Convertible Notes Securities for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt and other 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 XI[___].

Appears in 1 contract

Sources: Indenture (Evergreen Solar Inc)