Common use of Reliance on Judicial Order or Certificate of Liquidating Agent Clause in Contracts

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor referred to in this Article Twelve, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelve, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness of 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 Twelve.

Appears in 4 contracts

Sources: Indenture (Terex Corp), Indenture (Wellman North America Inc), Indenture (Amida Industries Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Issuer referred to in this Article TwelveTen, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness Debt and other Indebtedness of any Subsidiary Guarantorthe Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveTen.

Appears in 3 contracts

Sources: Indenture (Warner Chilcott CORP), Indenture (PQ Systems INC), Indenture (LCE AcquisitionSub, Inc.)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary the Guarantor referred to in this Article TwelveXV, the Trustee, Trustee subject to the provisions of Article Seven hereofSection 7.02, and the Holders of the Notes Debt Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, Custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesDebt Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Guarantor Senior Indebtedness and other Indebtedness indebtedness of any Subsidiary 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 TwelveXV.

Appears in 3 contracts

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

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Article Seven hereofSection 6.1, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness indebtedness of any 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 TwelveArticle. * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 3 contracts

Sources: Indenture (Peter Kiewit Sons Inc /De/), Indenture (Peter Kiewit Sons Inc /De/), Indenture (Kiewit Materials Co)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor referred to in this Article Twelve, the Trustee, subject to the provisions of Article Seven hereof, such Paying Agent and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Guarantor Senior Indebtedness Debt of such Guarantor and other Indebtedness of any Subsidiary such 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 Twelve; provided that such court receiver, trustee, assignee, agent or other Person has been made aware of this Article Twelve.

Appears in 3 contracts

Sources: Indenture (Del Monte Foods Co), Supplemental Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article Twelve12, the Trustee, subject to the provisions of Article Seven Section 8.01 hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness Debt and other Indebtedness Debt of any 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 Twelve12; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article 12.

Appears in 3 contracts

Sources: Master Transaction Agreement (Cig Media LLC), Master Transaction Agreement (Ion Media Networks Inc.), Master Transaction Agreement (Cig Media LLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Issuer referred to in this Article TwelveTen, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness Debt and other Indebtedness of any Subsidiary Guarantorthe Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveTen.

Appears in 3 contracts

Sources: Indenture (Warner Alliance Music Inc), Indenture (LEM America, Inc), Indenture (UGS PLM Solutions Asia/Pacific INC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary the Guarantor referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Article Seven hereofSection 9.01, and the Holders of the Notes Securities shall be entitled to conclusively rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Guarantor Senior Indebtedness Debt and other Indebtedness of any Subsidiary 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 TwelveArticle.

Appears in 2 contracts

Sources: Indenture (Kingsway Financial Services Inc), Indenture (Kingsway Financial Services Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Guarantor Senior Indebtedness and other Indebtedness indebtedness of any Subsidiary such 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 TwelveArticle, provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article.

Appears in 2 contracts

Sources: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor Holl▇▇▇▇▇ ▇▇▇ernational referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Guarantor Indebtedness and other Indebtedness indebtedness of any Subsidiary GuarantorHoll▇▇▇▇▇ ▇▇▇ernational, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveArticle; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article.

Appears in 2 contracts

Sources: Senior Subordinated Indenture (Hollinger International Publishing Inc), Indenture (Hollinger International Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Issuers referred to in this Article TwelveTen, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness Debt and other Indebtedness of any Subsidiary Guarantorthe Issuers or their 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 TwelveTen.

Appears in 2 contracts

Sources: Indenture (Quality Distribution Inc), Indenture (Quality Distribution Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveTen, the Trustee, subject to the provisions of Article Seven hereof, each Paying Agent and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness Debt and other Indebtedness of any 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 TwelveTen provided that such court, trustee, assignee, agent or other Person has been made aware of this Article Ten.

Appears in 2 contracts

Sources: Supplemental Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary a Guarantor referred to in this Article Twelve, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trusteetrus- tee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Guarantor Senior Indebtedness Debt and other Indebtedness of any Subsidiary such 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 Twelve.

Appears in 2 contracts

Sources: Indenture (Building One Services Corp), Indenture (Building One Services Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor or securities referred to in this Article TwelveTen, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, liquidation or reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelveproceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person similar Person making such payment or distribution, delivered to the Trustee or to the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness and other Indebtedness of any 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 TwelveTen, provided that such court, trustee, receiver, custodian, assignee, agent or other Person has been apprised of, or the order, decree or certificate makes reference to, the provisions of this Article.

Appears in 2 contracts

Sources: Indenture (Regal Cinemas Inc), Indenture (Regal Cinemas Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Article Seven hereofSection 6.1, and the Holders of the Notes Securities and any coupons appertaining thereto shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities and any coupons appertaining thereto, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness and other Indebtedness indebtedness of any 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 TwelveArticle.

Appears in 2 contracts

Sources: Indenture (Royal Gold Inc /De/), Indenture (Royal Gold Inc /De/)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary the Guarantor referred to in this Article Twelve17, the Trustee, subject to the provisions of Article Seven hereof6, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivershipliquidation, dissolution, winding-up, liquidationreorganization, reorganization assignment for the benefit of creditors, marshaling of assets, bankruptcy, examinorship, reorganization, insolvency, receivership or other similar case or proceeding proceeding, is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person similar Person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Guarantor Senior Indebtedness Debt and other Indebtedness of any Subsidiary such 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 Twelve17.

Appears in 2 contracts

Sources: Limited Waiver (Elan Corp PLC), Limited Waiver (Elan Corp PLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveSixteen, the Trustee, subject to the provisions of Article Seven hereofSix, and the Holders of the Notes Securities of a series shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities of that series, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness indebtedness of any 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 TwelveSixteen.

Appears in 2 contracts

Sources: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company or any Subsidiary Guarantor referred to in this Article Twelve18, the Trustee, subject to the provisions of Article Seven hereofSection 7.01, and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Notes, for the purpose of ascertaining whether such payment or distribution is permissible under the persons terms of this Article 18, including, without limitation for the purpose of ascertaining whether the Persons are entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness Debt and other Indebtedness indebtedness of any 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 Twelve18.

Appears in 2 contracts

Sources: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor referred to in this Article TwelveThirteen, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Guarantor Senior Indebtedness Debt of such Guarantor and other Indebtedness of any Subsidiary such 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 TwelveThirteen.

Appears in 2 contracts

Sources: Indenture (Tokheim Corp), Indenture (Tokheim Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Article Seven hereofTrust Indenture Act Sections 315(a) through 315(d), and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization such bankruptcy or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Guarantor Senior Indebtedness and other Indebtedness indebtedness of any 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 TwelveArticle; provided that such court, trustee, receiver, custodian, assignee, agent or other Person has been apprised of, or the order, decree or certificate makes reference to, the provisions of this Article.

Appears in 2 contracts

Sources: First Supplemental Indenture (Hanover Compressor Co /), Fourth Supplemental Indenture (Hanover Compression Lp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article Twelve, the Trustee, subject to the provisions of Article Seven hereofSection 6.01,and the Holders, and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesHolders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness of any 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; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article Twelve.

Appears in 1 contract

Sources: Indenture (Blue Bird Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any the Subsidiary Guarantor Guarantors referred to in this Article Twelve, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, liquidation or reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelveproceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Guarantor Senior Indebtedness and other Indebtedness of any the Subsidiary GuarantorGuarantors, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve.

Appears in 1 contract

Sources: Indenture (Perry-Judds Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company or the Guarantors referred to in this Article TwelveSection 12, the Trustee, subject to the provisions of Article Seven hereof, and the Holders holders of the Notes Obligations shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders holders of the Notesany Obligations, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distributiondistribution subject to the terms of this Section 12, the holders of each Subsidiary Guarantor's Senior Indebtedness Debt of the Company or the Guarantors and other Indebtedness Debt of any Subsidiary Guarantorthe Company 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 TwelveSection 12.

Appears in 1 contract

Sources: Purchase Agreement (Wm Acquisition Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Whenever a distribution is to be made or a notice is to be given to holders of Senior Debt, the distribution may be made and the notice may be given to the trustee or any agent or representative for such Senior Debt. Upon any payment or distribution of assets of any Subsidiary Guarantor or securities referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, liquidation or reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelveproceedings are pending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the Notes, Securities for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness Debt and other Indebtedness indebtedness of any Subsidiary Guarantorthe Issuers, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveArticle.

Appears in 1 contract

Sources: Indenture (Euramax International PLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Article Seven hereofSection 6.01, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness indebtedness of any Subsidiary Guarantorthe Company and the Entitled Persons in respect of Other Financial 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 TwelveArticle.

Appears in 1 contract

Sources: Indenture (Associated Banc-Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor an Issuer referred to in this Article TwelveTen, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the NotesSecurities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness Debt and other Indebtedness of any Subsidiary Guarantorthe Issuers, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveTen.

Appears in 1 contract

Sources: Indenture (Natg Holdings LLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor Casella referred to in this Article TwelveTen, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes Securities of any series shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the NotesSecurities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness Debt and other Indebtedness of any Subsidiary GuarantorCasella, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveTen.

Appears in 1 contract

Sources: Subordinated Indenture (Total Waste Management Corp.)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Guarantor Senior Indebtedness and other Indebtedness of any Subsidiary such 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 TwelveArticle; provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article.

Appears in 1 contract

Sources: Exhibit (Salem Communications Corp /De/)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary a Guarantor referred to in this Article Twelve13, the Trustee, subject to the provisions of Article Seven 7 hereof, and the Holders of the Notes shall be entitled to rely conclusively upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding proceedings is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the NotesGuarantees, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Guarantor Senior Indebtedness Debt and other Indebtedness of any Subsidiary 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 Twelve13.

Appears in 1 contract

Sources: Indenture (Federal Mogul Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the BV Borrower referred to in this Article TwelveNine, the TrusteeAdministrative Agent, subject to the provisions of Article Seven 11 hereof, and the Holders of the Notes Lenders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee Administrative Agent or the Holders of the NotesLenders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness Debt and other Indebtedness of any Subsidiary Guarantorthe BV Borrower, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveNine.

Appears in 1 contract

Sources: Senior Subordinated Term Loan Agreement (Sensata Technologies B.V.)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Issuer or the Co-Issuer referred to in this Article TwelveX, the Trustee, subject to the provisions of Article Seven VII hereof, and the Holders of the Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee Trustee in bankruptcy, liquidating trustee, receiverTrustee, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness Debt and other Indebtedness of any Subsidiary Guarantorthe Issuer or the Co-Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve.X.

Appears in 1 contract

Sources: Indenture (Barrington Quincy LLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary a Guarantor referred to in this Article Twelve, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivershipreceiver ship, dissolution, winding-up, liquidation, reorganization or similar case or proceeding proceed ing is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Guarantor Senior Indebtedness Debt and other Indebtedness of any Subsidiary such 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 Twelve.

Appears in 1 contract

Sources: Indenture (Unilab Corp /De/)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Article Seven hereofTIA Section 315(a) through 315(d), and the Holders of the Notes Securities and the coupons, if any, appertaining thereto and the Guarantor shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities and the coupons, if any, appertaining thereto, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Senior and Senior Subordinated Debt of the Guarantor's Senior Indebtedness and , any other Indebtedness of any Subsidiary 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 TwelveArticle.

Appears in 1 contract

Sources: Indenture (American Standard Companies Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Issuer or Co-Issuer referred to in this Article TwelveTen, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness Debt and other Indebtedness of any Subsidiary Guarantorthe Issuer or Co-Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveTen.

Appears in 1 contract

Sources: Indenture (Norcraft Companies Lp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveArticle, the Trustee, subject to Sections 315(a) through 315(d) of the provisions of Article Seven hereofTrust Indenture Act, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receiverCustodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness indebtedness of any 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 TwelveArticle; provided that such court, trustee, receiver, Custodian, assignee, agent or other Person has been apprized of, or the order, decree or certificate makes reference to, the provisions of this Article.

Appears in 1 contract

Sources: Indenture (Centennial Puerto Rico Operations Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveFourteen, the Trustee, subject to the provisions of Article Seven hereofSection 6.01, and the Holders of the Notes Securities of any series shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities of such series, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness indebtedness of any 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 TwelveFourteen.

Appears in 1 contract

Sources: Indenture (Tribune Co)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any a License Subsidiary Guarantor referred to in this Article TwelveArticle12, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each the License Subsidiary Guarantor's Guarantor Senior Indebtedness Debt and other Indebtedness Debt of any such License 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 Twelve12.

Appears in 1 contract

Sources: Indenture (Entercom Communications Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveX, the Trustee, subject to the provisions of Article Seven Section 7.1 hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and Guarantor Senior Indebtedness, as the case may be, and other Indebtedness of any 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 Twelve.X; provided that the foregoing shall apply only if -------- such court has been fully apprised of the provisions of this Article X.

Appears in 1 contract

Sources: Indenture (Oci N Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary the Guarantor referred to in this Article Twelve17, the Trustee, subject to the provisions of Article Seven hereof6, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivershipliquidation, dissolution, winding-up, liquidationreorganization, reorganization assignment for the benefit of creditors, marshaling of assets, bankruptcy, examinership, reorganization, insolvency, receivership or other similar case or proceeding proceeding, is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person similar Person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Guarantor Senior Indebtedness Debt and other Indebtedness of any Subsidiary such 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 Twelve17.

Appears in 1 contract

Sources: Indenture (Elan Corp PLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Issuer or the Co-Issuer referred to in this Article TwelveTen, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to conclusively rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness Debt and other Indebtedness of any Subsidiary Guarantorthe Issuer or the Co-Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveTen.

Appears in 1 contract

Sources: Indenture (Stanley-Martin Communities, LLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article Twelve15, the Trustee, subject to the provisions of Article Seven hereofSection 7.2, and the Holders of the Notes Securities of any series (or any Coupons appertaining thereto) shall be entitled to conclusively rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities of such series (or any Coupons appertaining thereto), for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness indebtedness of any Subsidiary Guarantorthe Company, as the case 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 Twelve15.

Appears in 1 contract

Sources: Subordinate Indenture (Gt Capital Trust Iv)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveFourteen, the Trustee, subject to the provisions of Article Seven hereofSection ---------------- ------- 6.01, and the Holders of the Notes Securities of any series shall be entitled to rely ---- upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, custodian, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities of such series, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness indebtedness of any 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 Twelve.Fourteen. ----------------

Appears in 1 contract

Sources: Indenture (Tribune Co)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor referred to in this Article TwelveTwo, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Guarantor Indebtedness and other Indebtedness indebtedness of 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 such court has been fully apprised of the provisions of this Article TwelveTwo.

Appears in 1 contract

Sources: Supplemental Indenture (Playtex Products Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor RBC referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Guarantor Indebtedness and other Indebtedness indebtedness of any Subsidiary GuarantorRBC, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article TwelveSection, provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article.

Appears in 1 contract

Sources: Third Supplemental Indenture (Raci Holding Inc)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Issuer referred to in this Article TwelveTen, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the NotesSecurities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness Debt and other Indebtedness of any Subsidiary Guarantorthe Issuer or its 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 TwelveTen.

Appears in 1 contract

Sources: Indenture (GSL Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor Holdings referred to in this Article Twelve, the Trustee, subject to the provisions of Article Seven hereof, such Paying Agent and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Guarantor Senior Indebtedness Debt of Holdings and other Indebtedness of any 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 Twelve; provided that such court, receiver, trustee, assignee, agent or other Person has been made aware of this Article Twelve.

Appears in 1 contract

Sources: Indenture (Del Monte Foods Co)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveTen, the Trustee, subject to the provisions of Article Seven hereof, each Paying Agent and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness Debt and other Indebtedness of any 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 TwelveTen; provided that such court, trustee, assignee, agent or other Person has been made aware of this Article Ten.

Appears in 1 contract

Sources: Indenture (Del Monte Foods Co)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveArticle, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Senior Subordinated Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trusteeTrustee, receivercustodian, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the Senior Subordinated Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness indebtedness of any 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 TwelveArticle, provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article.

Appears in 1 contract

Sources: Indenture (Trism Inc /De/)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveTen, the Trustee, subject to the provisions of Article Seven hereof, each Paying Agent and the Holders of the ofhe Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of 106 the Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Senior Indebtedness Debt and other Indebtedness of any 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 TwelveTen provided that such court, trustee, assignee, agent or other Person has been made aware of this Article Ten.

Appears in 1 contract

Sources: Indenture (Del Monte Foods Co)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary the Company or the Guarantor referred to in this Article TwelveSection 9, the Trustee, subject to the provisions of Article Seven hereofSection 602 of the Base Indenture, and the Holders of the Notes Bonds shall be entitled to conclusively rely upon any order or decree made entered by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization a Company Proceeding or similar case or proceeding Guarantor Proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesBonds, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Company Senior Indebtedness or Guarantor Indebtedness and other Indebtedness of any Subsidiary the Company 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 TwelveSection 9.

Appears in 1 contract

Sources: Second Supplemental Indenture (AngloGold Ashanti Holdings PLC)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary a Guarantor referred to in this Article Twelve11, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trustee, receivercustodian, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the NotesHolders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Guarantor Senior Indebtedness and other Indebtedness of any Subsidiary such 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 Twelve11.

Appears in 1 contract

Sources: Indenture (Buslease Inc /New/)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or of distribution of assets of any Subsidiary a Guarantor referred to in this Article Twelve, the Trustee, subject to the provisions of Article Seven hereof, and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or the Holders of the NotesHolders, for the purpose of ascertaining the persons entitled to participate in such payment or distributiondistribu- tion, the holders of each Subsidiary Guarantor's the Guarantor Senior Indebtedness Debt and other Indebtedness of any Subsidiary such 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 Twelve.

Appears in 1 contract

Sources: Indenture (Encompass Services Corp)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor the Company referred to in this Article TwelveEight, the Trustee, subject to the provisions of Article Seven hereof, Trustee and the Holders of the Senior Subordinated Notes shall be entitled to rely upon any order or decree made entered by any court of competent jurisdiction in which any such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up, liquidation, reorganization winding up or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, receiver, liquidating trusteeTrustee, receivercustodian, assignee for the benefit of creditors, agent or other person making such payment or distribution, delivered to the Trustee or to the Holders of the Senior Subordinated Notes, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's Senior Indebtedness and other Indebtedness indebtedness of any 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 TwelveEight, provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article Eight.

Appears in 1 contract

Sources: Indenture (Trism Inc /De/)

Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of any Subsidiary Guarantor Holdings referred to in this Article Twelve, the Trustee, subject to the provisions of Article Seven hereof, such Paying Agent and the Holders of the Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any insolvency, bankruptcy, receivership, dissolution, winding-up, liquidation, reorganization or similar case or proceeding is pending so long as such order gives effect to the provisions of this Article Twelvepending, or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, receiver, assignee for the benefit of creditors, agent or other person Person making such payment or distribution, delivered to the Trustee or the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of each Subsidiary Guarantor's the Guarantor Senior Indebtedness Debt of Holdings and other Indebtedness of any 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 Twelve.

Appears in 1 contract

Sources: Indenture (Del Monte Foods Co)