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 Pledge and Security Agreements and has delivered the certificates, opinion and documents required by the Pledge and Security Agreements, Sections 12.3 and 12.4 hereof and under TIA Section 314(d), then the Trustee will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 3 contracts

Samples: Indenture (Clearwire Corp), Indenture (Clearwire Corp), Indenture (Clearwire Corp)

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Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Security and Pledge and Security Agreements Agreement and has delivered the certificates, opinion certificates and documents required by the Security and Pledge Agreement and Security AgreementsSections 10.04 and 10.05 hereof, Sections 12.3 and 12.4 hereof and under TIA the Trustee shall determine whether it has received all documentation required by Section 314(d)) of the TIA in connection with such release and, then based on such determination and the Trustee will Opinion of Counsel delivered pursuant to Section 10.05(b) hereof, shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 2 contracts

Samples: Indenture (Finlay Enterprises Inc /De), Indenture (Finlay Enterprises Inc /De)

Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with this Indenture and the Pledge Security Documents at a time when the Trustee is not itself also the Collateral Agent and Security Agreements and the Company has delivered the certificates, opinion certificates and documents required by the Pledge Security Documents and Security AgreementsSection 11.03 hereof, Sections 12.3 and 12.4 hereof and under TIA Section 314(d), then the Trustee will determine whether it has received all documentation required by TIA ss. 314(d) in connection with such release and, based on such determination, will deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (Columbus McKinnon Corp)

Certificates of the Trustee. In the event that the Company wishes to release Pledged Collateral in accordance with the Pledge and Security Agreements Agreement and has delivered the certificates, opinion certificates and documents required by the Pledge Agreement and Security AgreementsSections 10.03 and 10.04 hereof, Sections 12.3 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 66 determination and 12.4 hereof and under TIA the Opinion of Counsel delivered pursuant to Section 314(d10.04(b), then the Trustee will shall deliver a certificate to the Collateral Agent setting forth such determination.

Appears in 1 contract

Samples: Indenture (MRS Fields Holding Co Inc)

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Certificates of the Trustee. In the event that the Company Issuer wishes to release Pledged Collateral in accordance with the Pledge and Security Agreements and has delivered the certificates, opinion certificates and documents required by the Pledge Agreements and Security AgreementsSections 10.03 and 10.04 hereof, Sections 12.3 and 12.4 hereof and under the Trustee shall determine whether it has received all documentation required by TIA Section 314(d) to the extent applicable in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 10.04(2), then the Trustee will shall deliver a certificate to the Collateral Agent Trustee setting forth such determination.

Appears in 1 contract

Samples: Indenture (Sanitec International Sa)

Certificates of the Trustee. In the event that the Company wishes to release Pledged Collateral in accordance with the Pledge and Security Agreements Agreement and has delivered the certificates, opinion certificates and documents required by the Pledge Agreement and Security Agreements, Sections 12.3 10.03 and 12.4 10.04 hereof as well as all documentation required by TIA '314(d) in connection with such release and under TIA Section 314(d), then the Trustee will deliver a certificate to shall direct the Collateral Agent setting forth to effectuate such determinationrelease.

Appears in 1 contract

Samples: Indenture (Hyperion Telecommunications Inc)

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