Common use of Certificates of the Trustee Clause in Contracts

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements and has delivered the certificates and documents required by the Collateral Agreements and Sections 11.03 and 11.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof, shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 8 contracts

Samples: Indenture (FiberTower CORP), Indenture (FiberTower CORP), Indenture (FiberTower CORP)

AutoNDA by SimpleDocs

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Documents and has delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 10.3 and 11.04 10.5 hereof, the Trustee shall determine whether it has received all documentation documents required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof10.5(ii), shall deliver a certificate to the Collateral Agent Agent, setting forth such determination.

Appears in 5 contracts

Samples: Indenture (Genesis Health Ventures Inc /Pa), Indenture (Mariner Post Acute Network Inc), Indenture (Genesis Health Ventures Inc /Pa)

Certificates of the Trustee. In the event that the Company wishes Issuers wish to release Collateral in accordance with this Indenture and the Security Documents and the Intercreditor Agreement at a time when the Trustee is not itself also the Collateral Agreements Agent and has the Issuers have delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections Section 11.03 and 11.04 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereofdetermination, shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 4 contracts

Samples: Indenture (Momentive Specialty Chemicals Inc.), Indenture (Hexion Specialty Chemicals, Inc.), Indenture (Hexion Specialty Chemicals, Inc.)

Certificates of the Trustee. In the event that the Company wishes Issuers wish to release Collateral in accordance with the Collateral Agreements Documents and has delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 and 11.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof11.05(ii), shall deliver a certificate to the Collateral Agent Issuers setting forth such determination.

Appears in 4 contracts

Samples: Indenture (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture)

Certificates of the Trustee. In the event that the Company wishes Issuers wish to release Collateral in accordance with the Collateral Agreements Documents and has have delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 10.04(2) hereof, shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 4 contracts

Samples: Indenture (Wynn Las Vegas LLC), Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements and has delivered to the Trustee the certificates and documents required by the Collateral Agreements and Sections 11.03 and 11.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof, shall deliver a certificate to the Collateral Agent setting forth indicating that it has received all such determinationcertificates and documents.

Appears in 3 contracts

Samples: Indenture (Wolverine Tube Inc), Indenture (Wt Holding Company, Inc), Indenture (Wolverine Tube Inc)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Security Documents and has delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections 11.03 and 11.04 Section 10.06 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § §314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 10.06(2) hereof, shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 3 contracts

Samples: Indenture (WHX Corp), Indenture (Greektown Superholdings, Inc.), Indenture (Handy & Harman Ltd.)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Security Documents at a time when the Trustee is not itself also the Collateral Agreements Agent and has delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections 11.03 10.03 and 11.04 hereof10.04, the Trustee shall determine whether it has received all documentation required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof10.04(b), shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 3 contracts

Samples: Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp)

Certificates of the Trustee. In the event that the Company wishes or the Guarantors wish to release Note Collateral in accordance with the Collateral Agreements Documents and has have delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof10.04(ii), shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 2 contracts

Samples: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)

Certificates of the Trustee. In the event that the Company wishes to obtain a release of any Pledged Collateral in accordance with the Collateral Agreements Security Documents and has delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections 11.03 10.02 and 11.04 10.03 hereof, the Trustee shall determine whether it has received all documentation required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof10.02(b), shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 2 contracts

Samples: Indenture (Sterling Chemical Inc), Indenture (Sterling Chemical Inc)

Certificates of the Trustee. In the event that the Company wishes to release Note Collateral in accordance with the Collateral Agreements Documents and has delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § Section 314(d) in connection with such release and, based on such determination and the 92 Opinion of Counsel delivered pursuant to Section 11.05 hereof10.04(2), shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 2 contracts

Samples: Indenture (Stratosphere Leasing, LLC), Indenture (American Real Estate Partners L P)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Documents and has delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § 314(dss314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 10.04(b) hereof, shall deliver a certificate to the Collateral Agent Company setting forth such determination.

Appears in 2 contracts

Samples: Indenture (Riviera Black Hawk Inc), Indenture (Windsor Woodmont Black Hawk Resort Corp)

Certificates of the Trustee. In the event that the Company Publishing wishes to release Collateral in accordance with the Collateral Agreements and has delivered the certificates and documents required by the such Collateral Agreements and Sections 11.03 12.03 and 11.04 12.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof12.04(ii), shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 2 contracts

Samples: Indenture (Golden Books Family Entertainment Inc), Indenture (Golden Books Family Entertainment Inc)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Security Documents and the Intercreditor Agreement, at a time when the Trustee is not itself also the Collateral Agreements Agent, and has delivered the certificates and documents required by the Collateral Agreements Security Documents, the Intercreditor Agreement and Sections 11.03 12.03 and 11.04 12.04 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof, shall deliver a certificate to the Collateral Agent setting forth such determinationrelease.

Appears in 2 contracts

Samples: Indenture (International Wire Rome Operations, Inc.), Indenture (International Wire Group Inc)

Certificates of the Trustee. In the event that the Company wishes or the Guarantors wish to release Note Collateral in accordance with the Collateral Agreements Documents and has have delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 and 11.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof11.04(ii), shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 2 contracts

Samples: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)

Certificates of the Trustee. In the event that the Company wishes to release Pledged Collateral in accordance with the Collateral Agreements Security Agreement and has delivered the certificates and documents required by the Collateral Agreements Security Agreement and Sections 11.03 and 11.04 Section 9.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § 314(d) in connection with such release andTrustee, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof9.04(b), shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 2 contracts

Samples: Indenture (Avatex Funding Inc), Indenture (Avatex Corp)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Security Documents at a time when the Trustee is not itself also the Collateral Agreements Agent and has delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof10.04(b), shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 2 contracts

Samples: Indenture (GXS Corp), Indenture (National Coal Corp)

Certificates of the Trustee. In the event that the Company wishes to release Pledged Collateral in accordance with the Collateral Agreements Documents and has delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 and 11.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof11.04, shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 2 contracts

Samples: Indenture (Nova Biosource Fuels, Inc.), Indenture (Nova Biosource Fuels, Inc.)

Certificates of the Trustee. In the event that the Company wishes to release Shared Collateral in accordance with the Collateral Agreements Security Documents and has delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections 11.03 10.09 and 11.04 10.10 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 10.10(2) hereof, shall will deliver a certificate to the Collateral Agent Trustee setting forth such determination.

Appears in 2 contracts

Samples: Indenture (Sabine Pass LNG, L.P.), Indenture (Cheniere Energy Inc)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Security Documents at a time when the Trustee is not itself also the Collateral Agreements Agent and the Company has delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections 11.03 and 11.04 Section 10.03 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereofdetermination, shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 2 contracts

Samples: Indenture (Pierson Industries Inc), Indenture (Uniplast Industries Co)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements security documents and has delivered the certificates and documents required by the Collateral Agreements security documents and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § §314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 10.04(2) hereof, shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 2 contracts

Samples: Indenture (Carmike Cinemas Inc), Indenture (Carmike Cinemas Inc)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with this Indenture or the other Collateral Agreements Documents and has delivered the certificates and documents required by this Indenture or the other Collateral Agreements Documents and Sections 11.03 10.3 and 11.04 10.10 hereof, the Trustee shall determine whether it has received all documentation required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof, shall deliver a certificate to the Collateral Agent setting forth such determinationrelease.

Appears in 2 contracts

Samples: Indenture (Komag Inc /De/), Indenture (Komag Inc /De/)

Certificates of the Trustee. In the event that the Company wishes Issuers wish to release Collateral in accordance with the Collateral Agreements Documents and has have delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof, shall deliver a certificate to the Collateral Agent setting forth such determinationrelease.

Appears in 2 contracts

Samples: Indenture (Wynn Resorts LTD), Indenture (Wynn Las Vegas LLC)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with this Indenture and the Collateral Agreements Security Documents and has delivered the certificates and documents required by this Indenture and the Collateral Agreements Security Documents and Sections 11.03 10.06, 10.07 and 11.04 10.08 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to clause (3) of Section 11.05 hereof10.08, shall will deliver a certificate written acknowledgement to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (Real Mex Restaurants, Inc.)

Certificates of the Trustee. In the event that the Company wishes elects to release Collateral in accordance with this Indenture and the Security Documents at a time when the Trustee is not itself also the Collateral Agreements Agent and the Company has delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections Section 11.03 and 11.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereofdetermination, shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (Goodyear Tire & Rubber Co /Oh/)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Security Documents at a time when the Trustee is not itself also the Collateral Agreements Agent and has have delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections 11.03 10.03 and 11.04 hereof10.04, the Trustee shall will determine whether it has received all documentation required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof10.04(b), shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (Cricket Communications Inc)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with this Indenture or the Collateral Agreements Documents and has delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof10.04, shall deliver a certificate to the Collateral Agent Company setting forth such determination.

Appears in 1 contract

Samples: Indenture (Riviera Holdings Corp)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements and has delivered the certificates and documents required by the Collateral Agreements and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § ss. 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof10.04(2), shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (Sweetheart Holdings Inc \De\)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Security Documents and has delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections 11.03 10.3 and 11.04 10.5 hereof, the Trustee shall determine whether it has received all documentation documents required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof10.5(ii), shall deliver a certificate to the Collateral Agent Agent, setting forth such determination.

Appears in 1 contract

Samples: Indenture (Federal Mogul Corp)

Certificates of the Trustee. In the event that the Company wishes wish to release Collateral in accordance with the Security Documents at a time when the Trustee is not itself also the Collateral Agreements Agent and has have delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections 11.03 11.04 and 11.04 11.05 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof11.05(b), shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (International Wire Group Inc)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements security documents and has delivered the certificates and documents required by the Collateral Agreements security documents and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 10.04(2) hereof, shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (Vs Direct Inc.)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Documents and has delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 10.3 and 11.04 10.5 hereof, the Trustee shall determine whether it has received all documentation documents required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof10.5(ii), shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (Raintree Healthcare Corp)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Security Agreement and has delivered the certificates and documents required by the Collateral Agreements Security Agreement and Sections 11.03 9.03 and 11.04 9.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereofdetermination, shall deliver a certificate to the Collateral Agent setting forth such determination; provided, however, that so long as the Trustee is the Collateral Agent, the requirement that the Trustee deliver a certificate to the Collateral Agent shall not be applicable.

Appears in 1 contract

Samples: Convertible Notes Indenture (Air Packaging Technologies Inc)

Certificates of the Trustee. In the event that the Company --------------------------- wishes to release Collateral in accordance with the Collateral Agreements Security Documents and has have delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections 11.03 15.03 and 11.04 15.04 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § Sec. 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof15.04(b), shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (Wki Holding Co Inc)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with this Indenture and the Collateral Agreements Documents and has delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 9.03 and 11.04 9.05 hereof, if the Trustee is not then serving as Mortgage Trustee, the Trustee shall determine whether it has received all documentation documents required by TIA § Section 314(d) and under the Collateral Documents in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof9.05(ii), shall deliver a certificate to the Collateral Agent Mortgage Trustee setting forth such determination.

Appears in 1 contract

Samples: Indenture (Wickes Inc)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Documents and has delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 10.3 and 11.04 10.5 hereof, the Trustee shall determine whether it has received all documentation documents required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof10.5(ii), shall deliver a certificate to the Collateral Agent Trustee, setting forth such determination.

Appears in 1 contract

Samples: Indenture (Superior Telecommunications Inc)

AutoNDA by SimpleDocs

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Security Documents and has delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections 11.03 14.05 and 11.04 14.06 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 14.06(ii) hereof, shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Supplemental Indenture (Expressjet Holdings Inc)

Certificates of the Trustee. In the event that the Company wishes elects to release Collateral in accordance with this Indenture or the Security Documents at a time when the Trustee is not itself also the Collateral Agreements Agent and the Company has delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections Section 11.03 and 11.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereofdetermination, shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (Land O Lakes Inc)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Security Agreements and has delivered the certificates and documents required by the Collateral Security Agreements and Sections 11.03 18.5 and 11.04 18.6 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § §314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 18.6(ii) hereof, shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Senior Secured Indenture (Ralcorp Holdings Inc /Mo)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Security Agreement and has delivered the certificates and documents required by the Collateral Agreements Security Agreement and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § ss. 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 10.04(2) hereof, shall will deliver a certificate to the Collateral Agent Trustee setting forth such determination.

Appears in 1 contract

Samples: Indenture (Iwo Holdings Inc)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Documents and has delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § 314(d(S)314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof10.05(ii), shall deliver a certificate to the Collateral Agent Company setting forth such determination.

Appears in 1 contract

Samples: Indenture (HWCC Shreveport Inc)

Certificates of the Trustee. In the event that the Company wishes to obtain the Trustee's acknowledgement of a release Collateral in accordance with the Collateral Security Agreements and the Intercreditor Agreements and has delivered the certificates and documents required by the Collateral Security Agreements, the Intercreditor Agreements and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § ss. 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereofdetermination, shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (Xm Satellite Radio Holdings Inc)

Certificates of the Trustee. In the event that the Company wishes to release the Collateral in accordance with the Collateral Agreements Documents and has delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 10.04, 10.05 and 11.04 hereof10.06 to the Trustee, the Trustee shall determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, will based on such determination and certification and, if applicable, the Opinion of Counsel delivered pursuant to Section 11.05 hereof10.05, shall deliver a certificate to will instruct the Collateral Agent setting forth such determinationAgents to release the Collateral.

Appears in 1 contract

Samples: Indenture (Azure Power Global LTD)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Documents and the Intercreditor Agreement and has delivered the certificates and documents required by the Collateral Agreements Documents, the Intercreditor Agreement and Sections 11.03 and 11.04 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § §314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof, shall deliver a certificate to the Collateral Agent setting forth such determinationrelease.

Appears in 1 contract

Samples: Indenture (GNLV Corp)

Certificates of the Trustee. In the event that the Company wishes to obtain a release of any Pledged Collateral in accordance with the Collateral Security Agreements and has delivered the certificates and documents required by the Collateral Security Agreements and Sections 11.03 10.02 and 11.04 10.03 hereof, the Trustee shall determine whether it has received all documentation required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof10.03(b), shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (Sterling Chemical Inc)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Security Documents and has delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections 11.03 and 11.04 hereof10.06, the Trustee shall will determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof10.06(2), shall will deliver a certificate to the Collateral Agent Common Security Trustee setting forth such determination.

Appears in 1 contract

Samples: Indenture (Cheniere Energy Partners, L.P.)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Documents and has delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § 314(d) in connection with such release andTrustee, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 10.04(2) hereof, shall will deliver a certificate to the Collateral Agent setting forth directing such determinationrelease.

Appears in 1 contract

Samples: Indenture (Global Crossing LTD)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Security Agreement and has delivered the certificates and documents required by the Collateral Agreements Security Agreement and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § (S) 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof10.04(b), shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (Xm Satellite Radio Inc)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with this Indenture, the Security Documents and the Intercreditor Agreement at a time when the Trustee is not itself also the Senior Note Collateral Agreements Agent and the Company has delivered the certificates and documents required by the Collateral Agreements Security Documents, the Intercreditor Agreement and Sections 11.03 and 11.04 Section 10.09 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § §314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereofdetermination, shall will deliver a certificate to the Senior Note Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Metaldyne Corp)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Documents and has delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 10.04(2) hereof, shall deliver a certificate to will direct the Collateral Agent setting forth such determinationto release the Collateral.

Appears in 1 contract

Samples: Indenture (KCG Holdings, Inc.)

Certificates of the Trustee. In the event that the Company wishes to obtain the Trustee's acknowledgement of a release Collateral in accordance with the Collateral Security Agreements and the Intercreditor Agreements and has delivered the certificates and documents required by the Collateral Security Agreements, the Intercreditor Agreements and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall determine whether it has received all documentation required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereofdetermination, shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (Xm Satellite Radio Inc)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Security Documents and has have delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections 11.03 15.03 and 11.04 15.04 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § ss. 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof15.04(b), shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (Wki Holding Co Inc)

Certificates of the Trustee. In the event that the Company wishes to release If any Collateral is released in accordance with this Indenture or any Security Document at a time when the Trustee is not itself also the Collateral Agreements Agent and if the Company has delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections 11.03 and 11.04 Section 10.06 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § ss. 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 10.06 hereof, shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (Puretec Corp)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements and has delivered the certificates and documents required by the Collateral Agreements and Sections 11.03 10.03 and 11.04 10.04 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 10.04(2) hereof, shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (Brenner's on the Bayou, Inc.)

Certificates of the Trustee. In the event that the Company Authority wishes to release Collateral in accordance with the Collateral Agreements Documents and has delivered the certificates and documents required by the Collateral Agreements Documents and Sections 11.03 10.04 and 11.04 10.05 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § ss. 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof10.05(2), shall will deliver a certificate to the Collateral Agent Trustee setting forth such determination.

Appears in 1 contract

Samples: Indenture (Chukchansi Economic Development Authority)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Security Documents and has delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections 11.03 13.03 and 11.04 13.04 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § §314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 13.04(2) hereof, shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (AMERICAN EAGLE ENERGY Corp)

Certificates of the Trustee. In the event that the Company wishes to release If any Collateral is released in accordance with this Indenture or any Security Document at a time when the Trustee is not itself also the Collateral Agreements Agent and if the Company has delivered the certificates and documents required by the Collateral Agreements Security Documents and Sections 11.03 and 11.04 Section 10.06 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 10.06 hereof, shall will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (Tekni Plex Inc)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Agreements Security Agreement and has delivered the certificates and documents required by the Collateral Agreements Security Agreement and Sections 11.03 10.01, and 11.04 10.03 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 hereof, shall deliver a certificate to the Collateral Agent setting forth such determinationrelease.

Appears in 1 contract

Samples: Indenture (Homer City Generation, L.P.)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Collateral Security Agreements and has delivered the certificates and documents required by the Collateral Security Agreements and Sections 11.03 10.05 and 11.04 10.06 hereof, the Trustee shall will determine whether it has received all documentation required by TIA § 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 11.05 10.06(2) hereof, shall will deliver a certificate to the Collateral Agent Trustee setting forth such determination.

Appears in 1 contract

Samples: Indenture (Ziff Davis Holdings Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!