Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Article 6, and the Holders of the Debentures shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a 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 Trustee or 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 Debt and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 8 contracts
Sources: Merger Agreement (Capital Senior Living Corp), Junior Convertible Subordinated Indenture (Newfield Exploration Co /De/), Junior Convertible Subordinated Indenture (Newfield Financial Trust Ii)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Article 6Section 601 hereof, and the Holders of the Debentures Junior Subordinated Notes shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a 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 Trustee or to the Holders of DebenturesJunior Subordinated Notes, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt and other indebtedness of the CompanyIndebtedness, 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 apprised of the provisions of this Article.
Appears in 5 contracts
Sources: Subordinated Note Indenture (Southern Power Co), Subordinated Note Indenture (Agl Capital Corp), Subordinated Note Indenture (Gulf Power Co)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuer referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Article 6Section 5.1, and the Holders of the Debentures Securities shall be entitled to conclusively rely upon any order or decree entered by any a court of competent jurisdiction in which a Proceeding is any proceedings of the nature referred to in Section 11.2 are pending, or a certificate of the trustee in bankruptcyadministrator, receiver, liquidating trusteeliquidator, custodian, assignee for trustee, other similar officer of the benefit of creditors, agent Issuer or other Person person making such payment or distribution, delivered to the Trustee or to the Holders of DebenturesSecurities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Issuer Senior Debt Indebtedness 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 ArticleArticle Eleven.
Appears in 4 contracts
Sources: Indenture (Newmont Usa LTD), Indenture (Newmont Mining Corp), Indenture (Newmont Mining Corp /De/)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of the Company a Guarantor referred to in this ArticleArticle 12, the Trustee, subject to the provisions of Article 6, Trustee and the Holders of the Debentures Notes shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which a 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 Trustee or to the Holders of Debentures, the Notes for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Debt of such Guarantor and other indebtedness of the Companysuch Guarantor, the amount amounts thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle 12.
Appears in 3 contracts
Sources: Indenture (Alliance Laundry Holdings LLC), Indenture (Alliance Laundry Holdings LLC), Indenture (Salton Maxim Housewares Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle XII, the Trustee, subject to the provisions of Article 6Section 6.1, and the Holders of the Debentures Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a 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 Trustee or to the Holders of DebenturesSecurities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior and Subordinated 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 ArticleArticle XII.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (First Interstate Bancsystem of Montana Inc), Junior Subordinated Indenture (Fib Capital Trust), Junior Subordinated Indenture (Fib Capital Trust)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of the Company or any Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Article 6Seven hereof, and the Holders of the Debentures shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which a 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 Trustee or 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 Debt or Guarantor Senior Debt and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Twelve.
Appears in 2 contracts
Sources: Indenture (Tenneco Automotive Inc), Indenture (Tenneco Automotive Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Article 6VI, and the Holders of the Debentures Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a 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 Trustee or to the Holders of Debenturesthe Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 2 contracts
Sources: Indenture (Metris Companies Inc), Indenture (Metris Companies Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company or Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Article 6Seven hereof, and the Holders of the Debentures shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which a 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 Trustee or 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 Debt or Guarantor Senior Debt and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Twelve.
Appears in 2 contracts
Sources: Indenture (Vs Holdings Inc), Indenture (Simonds Industries Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Article 6Section 6.1, and the Holders of the Debentures Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a 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 Trustee or to the Holders of Debentures, Securities for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 2 contracts
Sources: Indenture (Stillwater Mining Co /De/), Indenture (Patterson Energy Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Multicare referred to in this Article, the Trustee, subject to the provisions of Article 6, Trustee and the Holders of the Debentures shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a Proceeding such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or 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 person making such payment or distribution, delivered to the Trustee or to the Holders of DebenturesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness and other indebtedness of the CompanyMulticare, 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.
Appears in 2 contracts
Sources: Indenture (Multicare Companies Inc), Indenture (Genesis Eldercare Acquisition Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 4, the Trustee, subject to the provisions of Article 6, Trustee and the Holders of the Debentures Noteholders shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a Proceeding such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, 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 DebenturesNoteholders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle 4.
Appears in 2 contracts
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuer referred to in this Article, the Trustee, subject to the provisions of Article 6Section 6.01, and the Holders of the Debentures Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a 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 Trustee or to the Holders of DebenturesSecurities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness 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 Article.
Appears in 2 contracts
Sources: Subordinated Debt Indenture (Nexen Inc), Subordinated Debt Indenture (Nexen 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 ArticleArticle Eleven, the Trustee, subject to the provisions of Article 6Section 5.1, and the Holders of the Debentures Securities shall be entitled to conclusively rely upon any order or decree entered by any a court of competent jurisdiction in which a Proceeding is any proceedings of the nature referred to in Section 11.2 are pending, or a certificate of the trustee in bankruptcyadministrator, receiver, liquidating liquidator, curator, sequestrator, trustee, custodian, assignee for other similar officer of the benefit of creditors, agent Issuer or other Person person making such payment or distribution, delivered to the Trustee or to the Holders of DebenturesSecurities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness 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 ArticleArticle Eleven.
Appears in 2 contracts
Sources: Subordinated Debt Indenture (Stolt Offshore S A), Subordinated Debt Indenture (Stolt Offshore S A)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article, Article 4 the Trustee, subject to the provisions of Article 6, Trustee and the Holders of the Debentures Noteholders shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a Proceeding such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or proceeding is pending, or a certificate of the trustee in bankruptcy, receiver, 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 DebenturesNoteholders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle 4.
Appears in 2 contracts
Sources: Indenture (Kulicke & Soffa Industries Inc), Indenture (Conexant Systems Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Article 6, and the Holders of the Debentures Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a 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, or a certificate of a Senior Representative for Senior Indebtedness of the Company, delivered to the Trustee or to the Holders of DebenturesSecurities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness 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 Article, provided that the foregoing shall apply only if such court has been fully apprised of the provisions of this Article Twelve.
Appears in 2 contracts
Sources: Subordinated Indenture (Sonic Automotive Inc), Subordinated Indenture (Sonic Automotive 1495 Automall DR Columbus Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle Ten, the Trustee, subject to the provisions of Article 6Seven hereof, and the Holders of the Debentures Notes shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which a Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or a upon 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 Trustee or to 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 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 ArticleArticle Ten.
Appears in 2 contracts
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuer referred to in this Article, the Trustee, subject to the provisions of Article 6, Trustee and the Holders of the Debentures shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a Proceeding such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding up or similar case or 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 person making such payment or distribution, delivered to the Trustee or to the Holders of DebenturesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness 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 Article, 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 (Multicare Companies Inc), Indenture (Genesis Eldercare Acquisition Corp)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Issuer referred to in this Article, the Trustee, subject to the provisions of Article 6Section 6.1 hereof, and the Holders of the Debentures Subordinated Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a 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 Trustee or to the Holders of DebenturesSubordinated Securities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness and other indebtedness Indebtedness of the CompanyIssuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article, provided that the foregoing shall apply only if such court has been apprised of the provisions of this Article.
Appears in 2 contracts
Sources: Seventh Supplemental Indenture (Alcan Inc), Seventh Supplemental Indenture (Alcan Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets or securities of the Company a Guarantor referred to in this ArticleArticle Twelve, the Trustee, subject to the provisions of Article 6, Trustee and the Holders of the Debentures Notes shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which a 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 Trustee or to the Holders of Debentures, the Notes for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt Indebtedness of such Guarantor and other indebtedness of the Companysuch Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Twelve.
Appears in 2 contracts
Sources: Indenture (Polymer Group Inc), Indenture (Polymer Group Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Corporation referred to in this Article, the Trustee, subject to the provisions of Article 6Section 601 of the Subordinated Indenture, and the Holders of the Debentures Series A Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a 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 Trustee or to the Holders of DebenturesSecurities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness and other indebtedness of the CompanyCorporation, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company Guarantor referred to in this Article, the Guarantee Trustee, subject to the provisions of Article 63, and the Holders of the Debentures shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a 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 Guarantee Trustee or to the Holders of DebenturesHolders, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt and other indebtedness of the CompanyGuarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
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 Article, the Trustee, subject to the provisions of Article 6Six, and the Holders of the Debentures shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a 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 Trustee or 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 Debt and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
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 Article, the Trustee, subject to the provisions of Article 6Section 6.01, and the Holders of the Debentures Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a 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 Trustee or to the Holders of DebenturesSecurities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 1 contract
Sources: Indenture (Geo MCF Lp, LLC)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company any Guarantor referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Article 6Seven hereof, and the Holders of the Debentures shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which a Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or a upon certificate of the receiver, trustee in bankruptcy, receiverbank- ruptcy, liquidating trustee, custodian, 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 DebenturesHolders, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Guarantor Senior Debt and other indebtedness Indebtedness of the Companysuch Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle Eleven.
Appears in 1 contract
Sources: Indenture (Aerosol Services Co Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this Article, the TrusteeTrustee and the Securities Administrator, subject to the provisions of Article 6Section 6.01, and the Holders of the Debentures Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a 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 Trustee and the Securities Administrator or to the Holders of DebenturesSecurities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.
Appears in 1 contract
Sources: Indenture (OM Asset Management PLC)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company a Subsidiary Guarantor referred to in this Article, the Trustee, subject to the provisions of Article 6Section 6.01, and the Holders of the Debentures Securities shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a such Guarantor 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 Trustee or to the Holders of DebenturesSecurities, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of the Senior Debt Indebtedness of such Subsidiary Guarantor and other indebtedness Indebtedness of the Companysuch 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.
Appears in 1 contract
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company any Guarantor referred to in this ArticleArticle Eleven, the Trustee, subject to the provisions of Article 6Seven hereof, and the Holders of the Debentures Notes shall be entitled to conclusively rely upon any order or decree entered made by any court of competent jurisdiction in which a Proceeding is bankruptcy, dissolution, winding-up, liquidation or reorganization proceedings are pending, or a upon 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 Trustee or 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 Guarantor Senior Debt and other indebtedness Indebtedness of the Companysuch 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.Article Eleven. 104
Appears in 1 contract
Sources: Indenture (Nationsrent Inc)
Reliance on Judicial Order or Certificate of Liquidating Agent. Upon any payment or distribution of assets of the Company referred to in this ArticleArticle 12, the Trustee, subject to the provisions of Article 6, Trustee and the Holders of the Debentures shall be entitled to conclusively rely upon any order or decree entered by any court of competent jurisdiction in which a Proceeding such insolvency, bankruptcy, receivership, liquidation, reorganization, dissolution, winding-up or similar case or 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 person making such payment or distribution, delivered to the Trustee or 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 Debt Indebtedness and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this ArticleArticle 12.
Appears in 1 contract
Sources: Indenture (Buslease Inc /New/)