Common use of Certification by Trustee Clause in Contracts

Certification by Trustee. (a) At any time and from time to time after the execution and delivery of this Indenture, and in accordance with the terms hereof, the Issuer may deliver Debentures executed on behalf of the Issuer to the Trustee for certification, pursuant to an Issuer Order applicable thereto and evidence of compliance, if requested by the Trustee, in accordance with section 13.4 and Applicable Law. Upon receipt by the Trustee of an Issuer Order applicable to such Debentures and such evidence of compliance, the Trustee shall certify and deliver such Debentures in the manner specified in such Issuer Order, without receiving any consideration for such certification and delivery. (b) No Holder shall be entitled to any right or benefit under this Indenture with respect to a Debenture, and such Debenture shall not be valid or binding for any purpose, unless such Debenture has been certified by the Trustee, as evidenced by the manual signature of an authorized officer of the Trustee. Such certification upon any Debenture shall be conclusive evidence, and the only evidence, that such Debenture has been issued under this Indenture. (c) Debentures bearing the manual signature of an individual who was, at the time that such signature was affixed, an authorized signing officer of the Trustee, shall be valid and binding on the Trustee notwithstanding that such individual ceased to be an authorized signing officer of the Trustee prior to the delivery of such Debentures. (d) The certification by the Trustee on the Debentures shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or of the Debentures (except in respect of the due certification thereof and any other warranties implied by law) or as to the performance by the Issuer of its obligations under this Indenture and the Trustee shall in no respect be liable or answerable for the use made of the Debentures or any of them or of the proceeds thereof.

Appears in 3 contracts

Samples: Subscription Agreement (Fairfax Financial Holdings LTD/ Can), Indenture (Fairfax Financial Holdings LTD/ Can), Subscription Agreement (Fairfax Financial Holdings LTD/ Can)

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Certification by Trustee. (a) At any time and from time to time after the execution and delivery of this Indenture, and in accordance with the terms hereof, the Issuer may deliver Debentures executed on behalf of the Issuer to the Trustee for certification, pursuant to an Issuer Order applicable thereto and evidence of compliance, if requested by the Trustee, in accordance with section 13.4 14.4 and Applicable applicable Law. Upon receipt by the Trustee of an Issuer Order applicable to such Debentures and such evidence of compliance, as applicable, the Trustee shall certify and deliver such Debentures in the manner specified in such Issuer Order, without receiving any consideration for such certification and delivery. (b) No Holder or Beneficial Holder shall be entitled to any right or benefit under this Indenture with respect to a Debenture, and such Debenture shall not be valid valid, binding or binding enforceable for any purpose, unless such Debenture has been duly certified by the TrusteeTrustee in accordance with the provisions of this Indenture, as evidenced by the manual signature of an authorized officer of the Trustee. Such certification upon any Debenture shall be conclusive evidence, and the only evidence, that such Debenture has been issued under this Indenture. (c) Debentures bearing the manual signature of an individual who was, at the time that such signature was affixed, an authorized signing officer of the Trustee, shall be valid and binding on the Trustee notwithstanding that such individual ceased to be an authorized signing officer of the Trustee prior to the delivery of such Debentures. (d) The certification by the Trustee on the Debentures shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or of the Debentures (except in respect of the due certification thereof and any other warranties implied by law) or as to the performance by the Issuer of its obligations under this Indenture Indenture, and the Trustee shall in no respect be liable or answerable for the use made of the Debentures or any of them or of the proceeds thereof.

Appears in 1 contract

Samples: Indenture

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Certification by Trustee. (a) At any time and from time to time after the execution and delivery of this Indenture, and in accordance with Indenture (including the terms hereofrelated Series Supplement), the Issuer may deliver Debentures executed on behalf Debt Securities signed by a Responsible Officer of the Issuer to the Trustee for certification, pursuant to an Issuer Order applicable thereto and evidence of compliance, if requested by the Trustee, in accordance with section 13.4 and Applicable Lawthereto. Upon receipt by the Trustee of an Issuer Order applicable to such Debentures Debt Securities, accompanied by a Certificate of the Issuer and an Opinion of Counsel, each stating that all conditions precedent provided for in this Indenture and any other Series Specific Document for the issue of such evidence of complianceDebt Securities have been complied with, the Trustee shall certify and deliver such Debentures Debt Securities in the manner specified in such Issuer Order, without receiving any consideration for such certification and delivery. (b) No Holder shall be entitled to any right or benefit under this Indenture with respect to a DebentureDebt Security, and such Debenture Debt Security shall not be valid or binding for any purpose, unless such Debenture Debt Security has been certified certified, substantially in the form provided for in the related Series Supplement, by the Trustee, as evidenced by the manual signature of an authorized officer a Responsible Officer of the Trustee. Such certification upon any Debenture Debt Security shall be conclusive evidence, and the only evidence, that such Debenture Debt Security has been issued under this Indenture. (c) Debentures Debt Securities bearing the manual signature of an individual who was, at the time that such signature was affixed, an authorized signing officer a Responsible Officer of the Trustee, shall be valid and binding on the Trustee notwithstanding that such individual ceased to be an authorized signing officer a Responsible Officer of the Trustee prior to the delivery of such DebenturesDebt Securities. (d) The certification by of the Trustee on the Debentures a Debt Security shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or of (including the Debentures (except in respect of the due certification thereof and any other warranties implied by lawrelated Series Supplement) or as to such Debt Security or the performance by the Issuer authorization and execution of its obligations under this Indenture such Debt Security, and the Trustee shall in no respect be liable or answerable for the use made of the Debentures such Debt Security or any of them or of the proceeds thereof.of such

Appears in 1 contract

Samples: Trust Indenture (Agnico Eagle Mines LTD)

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