Certificates of the Trustee. In the event that the Issuer wishes to release Collateral in accordance with this Indenture, the Collateral Documents and the Intercreditor Agreements and the Issuer has delivered the certificates and documents required by the Collateral Documents and Section 13.03 hereof, if § 314(d) of the Trust Indenture Act is applicable to such releases (the applicability of which shall be established to the reasonable satisfaction of the Trustee pursuant to Section 13.04 hereof or otherwise), the Trustee shall determine whether it has received all documentation required by § 314(d) of the Trust Indenture Act in connection with such release (which determination may be based upon the Opinion of Counsel hereafter described) and, based on an Opinion of Counsel pursuant to Section 12.04 hereof, shall deliver a certificate to the Notes Collateral Agent setting forth such determination. The Trustee, however, shall have no duty to confirm the legality, genuineness, accuracy, contents or validity of such documents (or any signature appearing therein), its sole duty being to certify its receipt of such documents which, on their face (and assuming that they are what they purport to be), conform to § 314(d) of the Trust Indenture Act. 120
Appears in 1 contract
Samples: Senior Secured Notes Indenture (American Tire Distributors Holdings, Inc.)
Certificates of the Trustee. In the event that the Issuer Company wishes to release Collateral in accordance with this Indenture, Indenture and the Security Documents at a time when the Trustee is not itself also the Collateral Documents Agent and the Intercreditor Agreements and the Issuer Company has delivered the certificates and documents required by the Collateral Security Documents and Section 13.03 hereof, if § 314(d) of the Trust Indenture Act Section 314(d) is applicable to such releases release (the applicability of which shall will be established to by the reasonable satisfaction Opinion of the Trustee pursuant to Section 13.04 hereof or otherwiseCounsel hereafter described ), the Trustee shall determine whether it has received all documentation required by § 314(d) of the Trust Indenture Act Section 314(d) in connection with such release (which determination may be based upon the Opinion of Counsel hereafter described) and, based on an Opinion of Counsel (which Opinion of Counsel may be subject to customary assumptions and exclusions) pursuant to Section 12.04 hereofthis , upon which the Trustee may conclusively rely, shall deliver a certificate to the Notes Collateral Agent setting forth such determination. The Trustee, however, shall have no duty to confirm the legality, genuineness, accuracy, contents or validity of such documents (or any signature appearing therein), its sole duty being to certify its receipt of such documents which, on their face (and assuming that they are what they purport to be), conform to § Section 314(d) of the Trust Indenture Act. 120.
Appears in 1 contract
Samples: Indenture (Oppenheimer Holdings Inc)
Certificates of the Trustee. In the event that the Issuer wishes to release Collateral in accordance with this Indenture, Indenture and the Security Documents at a time when the Trustee is not itself also the Collateral Documents and the Intercreditor Agreements Agent and the Issuer has delivered the certificates and documents required by the Collateral Security Documents and Section 13.03 12.03 hereof, if § 314(d) of the Trust Indenture Act Section 314(d) is applicable to such releases release (the applicability of which shall will be established to the reasonable satisfaction of the Trustee pursuant to Section 13.04 hereof or otherwiseTrustee), the Trustee shall determine whether it has received all documentation required by § 314(d) of the Trust Indenture Act Section 314(d) in connection with such release (which determination may be based upon the Opinion of Counsel hereafter described) and, based on an Opinion of Counsel pursuant to this Section 12.04 hereof12.04, shall deliver a certificate to the Notes Collateral Agent setting forth such determination. The Trustee, however, shall have no duty to confirm the legality, genuineness, accuracy, contents or validity of such documents (or any signature appearing therein), its sole duty being to certify its receipt of such documents which, on their face (and assuming that they are what they purport to be), conform to § Section 314(d) of the Trust Indenture Act. 120.
Appears in 1 contract
Samples: Indenture (Merge Healthcare Inc)
Certificates of the Trustee. In the event that the Issuer wishes to release Collateral in accordance with this Indenture, the Collateral Documents and the Intercreditor Agreements and the Issuer has delivered the certificates and documents required by the Collateral Documents and Section 13.03 hereof, if § 314(d) of the Trust Indenture Act is applicable to such releases (the applicability of which shall be established to the reasonable satisfaction of the Trustee pursuant to Section 13.04 hereof or otherwise), the Trustee shall determine whether it has received all documentation required by § 314(d) of the Trust Indenture Act in connection with such release (which determination may be based upon the Opinion of Counsel hereafter described) and, based on an Opinion of Counsel pursuant to Section 12.04 hereof, shall deliver a certificate to the Notes Collateral Agent setting forth such determination. The Trustee, however, shall have no duty to confirm the legality, genuineness, accuracy, contents or validity of such documents (or any signature appearing therein), its sole duty being to certify its receipt of such documents which, on their face (and assuming that they are what they purport to be), conform to § 314(d) of the Trust Indenture Act. 120.
Appears in 1 contract
Samples: Senior Secured Notes Indenture (American Tire Distributors Holdings, Inc.)
Certificates of the Trustee. In the event that the Issuer Company wishes to release Collateral in accordance with this Indenture, the Collateral Documents Documents, the Intercreditor Agreement and the Intercreditor Agreements Collateral Agency Agreement and the Issuer Company has delivered the certificates and documents required by the Collateral Documents and Section 13.03 10.03 hereof, if § 314(d) of the Trust Indenture Act is applicable to such releases (the applicability of which shall be established to the reasonable satisfaction of the Trustee pursuant to Section 13.04 10.04 hereof or otherwise), the Trustee shall determine whether it has received all documentation required by § 314(d) of the Trust Indenture Act in connection with such release (which determination may be based upon the Opinion of Counsel hereafter described) and, based on an Opinion of Counsel pursuant to Section 12.04 13.04 hereof, shall deliver a certificate to the Notes Collateral Agent setting forth such determination. The Trustee, however, shall have no duty to confirm the legality, genuineness, accuracy, contents or validity of such documents (or any signature appearing therein), its sole duty being to certify its receipt of such documents which, on their face (and assuming that they are what they purport to be), conform to § 314(d) of the Trust Indenture Act. 120.
Appears in 1 contract
Certificates of the Trustee. In the event that the Issuer Company wishes to release Collateral in accordance with this Indenture, the Collateral Documents and the Intercreditor Agreements and the Issuer Company has delivered the certificates and documents required by the Collateral Documents and Section 13.03 10.03 hereof, if § 314(d) of the Trust Indenture Act is applicable to such releases (the applicability of which shall will be established to the reasonable satisfaction of the Trustee pursuant to Section 13.04 10.04 hereof or otherwise), the Trustee shall determine whether it has received all documentation required by § 314(d) of the Trust Indenture Act in connection with such release (which determination may be based upon the Opinion of Counsel hereafter described) and, based on an Opinion of Counsel pursuant to Section 12.04 14.04 hereof, shall will deliver a certificate to the Notes Notes/Term Collateral Agent setting forth such determination. The Trustee, however, shall have no duty to confirm the legality, genuineness, accuracy, contents or validity of such documents (or any signature appearing therein), its sole duty being to certify its receipt of such documents which, on their face (and assuming that they are what they purport to be), conform to § 314(d) of the Trust Indenture Act. 120.
Appears in 1 contract
Samples: Indenture (Ahny-Iv LLC)
Certificates of the Trustee. In the event that the Issuer wishes to release Collateral in accordance with this Indenture, the Collateral Documents and the Intercreditor Agreements Agreement and the Issuer has delivered the certificates and documents required by the Collateral Documents and Section 13.03 hereof, if § 314(d) of the Trust Indenture Act is applicable to such releases (the applicability of which shall be established to the reasonable satisfaction of the Trustee pursuant to Section 13.04 hereof or otherwise), the Trustee shall determine whether it has received all documentation required by § 314(d) of the Trust Indenture Act in connection with such release (which determination may be based upon the Opinion of Counsel hereafter described) and, based on an Opinion of Counsel pursuant to Section 12.04 hereof, shall deliver a certificate to the Notes Collateral Agent setting forth such determination. The Trustee, however, shall have no duty to confirm the legality, genuineness, accuracy, contents or validity of such documents (or any signature appearing therein), its sole duty being to certify its receipt of such documents which, on their face (and assuming that they are what they purport to be), conform to § 314(d) of the Trust Indenture Act. 120.
Appears in 1 contract
Samples: Senior Secured Notes Indenture (Cambium Learning Group, Inc.)