Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Section 14, the holders of the Debentures shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the holders of Debentures, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior 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 Section 14.
Appears in 3 contracts
Sources: Debenture Purchase Agreement (Orion Newco Services Inc), Debenture Purchase Agreement (British Aerospace Holdings Inc), Debenture Purchase Agreement (Orion Newco Services Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon -------------------------------------------------------------- any payment or distribution of assets of the Company or securities referred to in this Section 14Subordination Agreement, the holders each holder of the Debentures a Note shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the holders such holder of Debentures, such Note for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness 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 Section 14Subordination Agreement.
Appears in 3 contracts
Sources: Convertible Note (Dovebid Inc), Note Agreement (Dovebid Inc), Stock Purchase Agreement (Dovebid Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company or securities referred to in this Section 14Article Eleven, the holders of Trustee and the Debentures Holders shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other similar Person making such payment or distribution, delivered to the holders of Debentures, Trustee or to the Holders for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness 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 Section 14Article Eleven.
Appears in 3 contracts
Sources: Third Supplemental Indenture (Globalstar, Inc.), Second Supplemental Indenture (Globalstar, Inc.), Second Supplemental Indenture (Globalstar, Inc.)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company or securities referred to in this Section 14Article 8, the holders Holders of the Debentures Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation, or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodianagent, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the holders Holders of Debentures, Notes for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior 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 Section 14Article 8.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Kevco Partners Investment Trust), Securities Purchase Agreement (Kevco Inc), Securities Purchase Agreement (Kevco Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Section 14Article, the holders Holders of the Debentures Securities shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the holders Holders of DebenturesSecurities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness 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 Section 14Article.
Appears in 2 contracts
Sources: Limited Liability Company Agreement (Iridium World Communications LTD), Limited Liability Company Agreement (Iridium LLC)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company or securities referred to in this Section 14Article Eight, the holders of Trustee and the Debentures Holders shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the holders of Debentures, Trustee or to the Holders for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior 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 Section 14Article Eight.
Appears in 2 contracts
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company or securities referred to in this Section 14Article Ten, the holders of Trustee and the Debentures Holders shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other similar Person making such payment or distribution, delivered to the holders of Debentures, Trustee or to the Holders for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior 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 Section 14Article Ten.
Appears in 2 contracts
Sources: Indenture (Silgan Holdings Inc), Indenture (Pagemart Wireless Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company or securities referred to in this Section 14Article Eleven, the holders of Trustee and the Debentures Holders shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other similar Person making such payment or distribution, delivered to the holders of Debentures, Trustee or to the Holders for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior 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 Section 14Article Eleven.
Appears in 2 contracts
Sources: Indenture (GST Telecommunications Inc), Indenture (Servico Market Center Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuer referred to in this Section 144.3, the holders of the Debentures Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the holders of Debenturesthe Notes, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other 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 Section 14.4.3
Appears in 2 contracts
Sources: Subordinated Note (Linens N Things Inc), Subordinated Note (Linens N Things Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Section 1412, the holders of the Debentures Holders shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the holders of DebenturesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness 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 Section 1412.
Appears in 2 contracts
Sources: Note Purchase Agreement (Flextronics International LTD), Note Purchase Agreement (Flextronics International Ltd.)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of the Company referred to in this Section 1413, the holders Holders of the Debentures Notes shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the holders Holders of DebenturesNotes, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior 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 Section 1413.
Appears in 2 contracts
Sources: Purchase Agreement (Ruths Chris Steak House, Inc.), Purchase Agreement (Dollar Financial Group Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuer referred to in this Section 147, the holders Holders of the Debentures Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the holders Holders of Debenturesthe Notes, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other 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 Section 7 of this Section 14Note.
Appears in 1 contract
Sources: Securities Purchase Agreement (Nasdaq Stock Market Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuer referred to in this Section 146, the holders Holders of the Debentures Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the holders Holders of Debenturesthe Notes, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other 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 Section 6 of this Section 14Note.
Appears in 1 contract
Sources: Securities Purchase Agreement (Morgan Stanley Dean Witter & Co)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Section 14Exhibit A, the holders Holder of the Debentures this Note shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the holders Holder of Debenturesthis Note, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness 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 Section 14.Exhibit A.
Appears in 1 contract
Sources: Subordinated Convertible Note (Information Services Group Inc.)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company or securities referred to in this Section 14Article Four, the holders of Trustee and the Debentures Holders shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other similar Person making such payment or distribution, delivered to the holders of Debentures, Trustee or to the Holders for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior 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 Section 14Article Four.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company or securities referred to in this Section 148, the holders of Arranger and the Debentures Lenders shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the holders of Debentures, Arranger or to the Lenders for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the CompanyBorrower, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Section 148.
Appears in 1 contract
Sources: Senior Subordinated Credit Agreement (Primestar Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Section 1413, the holders Holders of the Debentures Notes shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the holders Holders of DebenturesNotes, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior 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 Section 1413.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Section 147, the holders of the Debentures Holders shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person person making such payment or distribution, delivered to the holders of DebenturesHolder Representative, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness 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 Section 147.
Appears in 1 contract
Sources: Purchase Agreement (Labtec Inc /Ma)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company or securities referred to in this Section 14Article Eight, the holders Trustee and the Holders of the Debentures Securities shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, bankruptcy or liquidating trustee, custodian, assignee for the benefit of creditors, agent or other Person making such payment or distribution, delivered to the holders Trustee or to the Holders of Debentures, the Securities for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt of the Company 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 Section 14Article Eight.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of the Company referred to in this Section 14, the holders Holders of the Debentures Notes shall be entitled to rely upon any order or decree entered by any court of competent jurisdiction in which such Proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent creditors or other Person making such payment or distributionagent, delivered to the holders Holders of DebenturesNotes, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior 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 Section 14.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Section 14Article X, the holders Trustee, subject to the provisions of Article VII hereof, and the Holders of the Debentures Notes shall be entitled to rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is Insolvency or Liquidation Proceedings are pending, or upon a certificate of the trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent Custodian or other Person person making such payment or distribution, delivered to the Trustee or the holders of Debenturesthe Notes, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior 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 Section 14.Article X.
Appears in 1 contract
Sources: Indenture (Everest One Ipa Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company or securities referred to in this Section 14Article Ten, the holders of Trustee and the Debentures Holders shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which such Proceeding is bankruptcy, dissolution, winding up, liquidation or reorganization proceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, custodian, assignee for the benefit of creditors, agent or other similar Person making such payment or distribution, delivered to the holders of Debentures, Trustee or to the Holders for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior 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 Section 14Article Ten.
Appears in 1 contract
Sources: Indenture (CFW Communications Co)