Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished. (b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 72 contracts
Samples: Indenture (Sangstat Medical Corp), Indenture (Sangstat Medical Corp), Indenture (Gamco Investors, Inc. Et Al)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company or any Subsidiary Guarantor to the Trustee to take any action under any of the provisions provision of this Indenture, the CompanyCompany and/or such Subsidiary Guarantor, as appropriate, shall furnish to the Trustee such certificates and opinions as may be required under the Trust Indenture Act. Each such certificate or opinion shall be given in the form of an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating ’ Certificate, if to be given by an officer of the proposed action have been complied with and Company or a Subsidiary Guarantor, or an Opinion of Counsel stating that Counsel, if to be given by counsel, and shall comply with the requirements of the Trust Indenture Act and any other requirements set forth in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional Indenture. Every certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 34 contracts
Samples: Subordinated Indenture (Falcon Aero Holdings LLC), Senior Indenture (Falcon Aero Holdings LLC), Senior Indenture (Amplify Energy Corp.)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion of the Company provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as as, in the opinion of such Person, is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 32 contracts
Samples: Indenture (Bankatlantic Bancorp Inc), Indenture (Peoples Bancshares Inc), Indenture (Eagle Bancshares Inc)
Compliance Certificates and Opinions. (a) Upon any application to or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision provisions of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in (other than the Officers’ Certificate delivered under Section 10.4 of this Indenture and delivered to the Trustee Indenture) with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 27 contracts
Samples: Indenture (Imperial Petroleum Inc./Marshall Islands), Indenture (Independent Bank Corp), Indenture (Independent Bank Corp)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion of the Company provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as as, in the opinion of such Person, is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with; provided, however, that each such certificate shall comply with the provisions of Section 314 of the Trust Indenture Act.
Appears in 26 contracts
Samples: Indenture (Wintrust Capital Trust I), Indenture (R&g Capital Trust V), Indenture (Quad City Holdings Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 25 contracts
Samples: Subordinated Indenture (Staples Inc), Senior Indenture (Transkaryotic Therapies Inc), Indenture (Illinois Power Co)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 17 contracts
Samples: Indenture (TC BioPharm (Holdings) PLC), Indenture (TC BioPharm (Holdings) PLC), Indenture (Singing Machine Co Inc)
Compliance Certificates and Opinions. (a) Upon Except as otherwise expressly provided in or under this Indenture, upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, shall Company will furnish to the Trustee an Officers' ’ Certificate stating that that, in the opinion of the signers, all conditions precedent (including covenants compliance with which constitutes a condition precedent), if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent (including covenants compliance with which constitutes a condition precedent), if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) . Each certificate or opinion with respect to which compliance with a condition provided for in this Indenture (other than an Officers’ Certificate provided under Section 9.07) must comply with the provisions of Section 314(e) of the Trust Indenture Act and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include must include:
(1) a statement that the Person person making such certificate or opinion has read such covenant or condition; ;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of such Personperson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and and
(4) a statement as to whether or not, in the opinion of such Personperson, such condition or covenant has been complied withsatisfied.
Appears in 15 contracts
Samples: Indenture (BCB Bancorp Inc), Indenture (Home Bancorp, Inc.), Indenture (Home Bancorp, Inc.)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 15 contracts
Samples: Indenture (New Nisource Inc), Indenture (Fortune Brands Inc), Subordinated Indenture (Ucu Capital Trust I)
Compliance Certificates and Opinions. (a) Upon Except as otherwise expressly provided in or under this Indenture, upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, shall Company will furnish to the Trustee an Officers' ’ Certificate stating that that, in the opinion of the signers, all conditions precedent (including covenants compliance with which constitutes a condition precedent), if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent (including covenants compliance with which constitutes a condition precedent), if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) . Each certificate or opinion with respect to which compliance with a condition provided for in this Indenture (other than an Officers’ Certificate provided under Section 9.08) must comply with the provisions of Section 314(e) of the Trust Indenture Act and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include must include:
(1) a statement that the Person person making such certificate or opinion has read such covenant or condition; ;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of such Personperson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and and
(4) a statement as to whether or not, in the opinion of such Personperson, such condition or covenant has been complied withsatisfied.
Appears in 15 contracts
Samples: Indenture (Eagle Bancorp Montana, Inc.), Indenture (Eagle Bancorp Montana, Inc.), Indenture (CapStar Financial Holdings, Inc.)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion of the Company provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1i) a statement that the Person making such certificate or opinion has read such covenant or condition; (2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3iii) a statement that, in the opinion of such Person, he or she has made such examination or investigation as as, in the opinion of such Person, is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4iv) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with; provided, however, that each such certificate shall comply with the provisions of Section 314 of the Trust Indenture Act.
Appears in 14 contracts
Samples: Indenture (S Y Bancorp Inc), Indenture (Itla Capital Corp), Indenture (S Y Bancorp Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company or a Guarantor to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company or the Guarantor shall furnish to the Trustee such certificates and opinions as may be required under the Trust Indenture Act or this Indenture. Each such certificate or opinion shall be given in the form of an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating ’ Certificate, if to be given by an officer of the proposed action have been complied with and Company or a Guarantor, or an Opinion of Counsel stating that Counsel, if to be given by counsel, and shall comply with the requirements of the Trust Indenture Act and any other requirement set forth in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional Indenture. Every certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1i) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3iii) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4iv) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 14 contracts
Samples: Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 13 contracts
Samples: Indenture (Maremont Exhaust Products, Inc.), Indenture (Citizens Utilities Capital L P), Indenture (Mead Corp)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such condition or covenant or condition; and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such condition or covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 10 contracts
Samples: Subordinated Indenture (Valero Energy Corp/Tx), Indenture (Merrill Lynch & Co Inc), Indenture (United States Filter Corp)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1i) a statement that the Person making such certificate or opinion has read such covenant or condition; (2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3iii) a statement that, in the opinion of such Person, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4iv) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 10 contracts
Samples: Indenture (Sun Healthcare Group Inc), Indenture (Sun Healthcare Group Inc), Indenture (Remedytemp Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, shall furnish to the Trustee an Officers' ’ Certificate stating to the effect that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating to the effect that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 10 contracts
Samples: Junior Subordinated Indenture (Equitable Holdings, Inc.), Subordinated Indenture (Equitable Holdings, Inc.), Indenture (Jackson Financial Inc.)
Compliance Certificates and Opinions. (a) Upon Except as otherwise expressly provided by this Indenture, upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any (including any covenants the compliance with which constitutes a condition precedent, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any (including any covenants the compliance with which constitutes a condition precedent) have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include
(1) a statement that the each Person making signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Person, he such Person has made such examination or investigation as is necessary to enable him such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Person, such condition or covenant has been complied with.
Appears in 10 contracts
Samples: Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc)
Compliance Certificates and Opinions. (a) Upon Except as otherwise expressly provided by this Indenture, upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any (including any covenants the compliance with which constitutes a condition precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any (including any covenants the compliance with which constitutes a condition precedent) have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include
(1) a statement that the each Person making signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Person, he such Person has made such examination or investigation as is necessary to enable him such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Person, such condition or covenant has been complied with.
Appears in 9 contracts
Samples: Indenture (Key Energy Services Inc), Indenture (Grey Wolf Inc), Indenture (Key Energy Services Inc)
Compliance Certificates and Opinions. (a) Upon Except as otherwise expressly provided by this Agreement, upon any application or demand request by the Company to the Trustee Agent to take any action under any of the provisions provision of this IndentureAgreement, the Company, Company shall furnish to the Trustee Agent an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture Agreement relating to the proposed action have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture Agreement shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 8 contracts
Samples: Purchase Contract Agreement (Aes Trust Iii), Purchase Contract Agreement (Monsanto Co), Purchase Contract Agreement (Medpartners Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company or any Subsidiary Guarantor to the Trustee to take any action under any of the provisions provision of this Indenture, the CompanyCompany and/or such Subsidiary Guarantor, as appropriate, shall furnish to the Trustee such certificates and opinions as may be required under the Trust Indenture Act. Each such certificate or opinion shall be given in the form of an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating Certificate, if to be given by an officer of the proposed action have been complied with and Company or a Subsidiary Guarantor, or an Opinion of Counsel stating that Counsel, if to be given by counsel, and shall comply with the requirements of the Trust Indenture Act and any other requirements set forth in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional Indenture. Every certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 8 contracts
Samples: Subordinated Indenture (Energy XXI Gulf Coast, Inc.), Senior Indenture (Energy XXI Gulf Coast, Inc.), Senior Indenture (Shaw Manufacturing & Services Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand request (except with respect to matters set forth in Article II) by the Company Company, any Owner Trustee or any Loan Trustee to the Trustee to take any action under any of the provisions provision of this IndentureAgreement, the Company, such Owner Trustee or such Loan Trustee, as the case may be, shall furnish to the Trustee (i) an Officers' Officer's Certificate stating that that, in the opinion of the signers, all conditions precedent precedent, if any, provided for in this Indenture Agreement relating to the proposed action have been complied with and (ii) an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture Agreement (other than a certificate provided pursuant to Section 8.04(e)) shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions in this Agreement relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 8 contracts
Samples: Pass Through Trust Agreement (America West Airlines Inc), Pass Through Trust Agreement (Continental Airlines Inc /De/), Pass Through Trust Agreement (America West Airlines Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include include
(1) a statement that the Person making such certificate or opinion has read such covenant or condition; ;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 8 contracts
Samples: Indenture (Fusion Fuel Green PLC), Indenture (Fusion Fuel Green PLC), Indenture (NAKED BRAND GROUP LTD)
Compliance Certificates and Opinions. (a) Upon Except as otherwise expressly provided by this Agreement, upon any application or demand request by the Company to the Trustee Agent to take any action under any of the provisions provision of this IndentureAgreement, the Company, Company shall furnish to the Trustee Agent an Officers' Officer's Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture Agreement relating to the proposed action have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture Agreement shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 7 contracts
Samples: Purchase Contract Agreement (Protective Life Corp), Stock Purchase Contract Agreement (CCC Capital Trust Ii), Stock Purchase Contract Agreement (Allied Waste North America Inc/De/)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include include
(1) a statement that the Person making such certificate or opinion has read such covenant or condition; ;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 7 contracts
Samples: Indenture (Ciena Corp), Indenture (Curtiss Wright Corp), Indenture (Ciena Corp)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, shall furnish to the Trustee an Officers' a Sole Manager’s Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include include
(1) a statement that the Person making such certificate or opinion has read such covenant or condition; ;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 7 contracts
Samples: Indenture (Phoenix Capital Group Holdings I LLC), Indenture (Phoenix Capital Group Holdings I LLC), Indenture (Phoenix Capital Group Holdings I LLC)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the CompanyCompany shall, shall upon the request of the Trustee, furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 6 contracts
Samples: Subordinated Indenture (Akamai Technologies Inc), Indenture (Akamai Technologies Inc), Subordinated Indenture (Genaissance Pharmaceuticals Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion of the Company provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1i) a statement that the Person making such certificate or opinion has read such covenant or condition; (2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3iii) a statement that, in the opinion of such Person, he has made such examination or investigation as as, in the opinion of such Person, is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4iv) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with; provided, however, that each such certificate shall comply with the provisions of Section 314 of the Trust Indenture Act, if applicable.
Appears in 6 contracts
Samples: Indenture (Mountainbank Financial Corp), Indenture (United Bancorporation of Alabama Inc), Indenture (Heartland Financial Usa Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion of the Company provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as as, in the opinion of such Person, is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with; PROVIDED, HOWEVER, that each such certificate shall comply with the provisions of Section 314 of the Trust Indenture Act.
Appears in 6 contracts
Samples: Indenture (Independent Capital Trust Iii), Indenture (Independent Bank Corp), Indenture (Local Financial Capital Trust I)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion of the Company provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as as, in the opinion of such Person, is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with; provided, however, that each such certificate shall comply with the provisions of Section 314 of the Trust Indenture Act.
Appears in 6 contracts
Samples: Indenture (Great Southern Capital Trust IV), Indenture (Capitol Bancorp LTD), Indenture (Capitol Trust Xv)
Compliance Certificates and Opinions. (a) Upon any application or demand request (except with respect to matters set forth in Article II) by the Company Company, any Owner Trustee or any Loan Trustee to the Trustee to take any action under any of the provisions provision of this IndentureAgreement, the Company, such Owner Trustee or such Loan Trustee, as the case may be, shall furnish to the Trustee (i) an Officers' Officer's Certificate stating that that, in the opinion of the signers, all conditions precedent precedent, if any, provided for in this Indenture Agreement relating to the proposed action have been complied with and (ii) an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture Agreement (other than a certificate provided pursuant to Section 8.04(d)) shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions in this Agreement relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 6 contracts
Samples: Pass Through Trust Agreement (Amtran Inc), Pass Through Trust Agreement (Amtran Inc), Pass Through Trust Agreement (Ata Holdings Corp)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, shall furnish to the Trustee an Officers' a Manager’s Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include include
(1) a statement that the Person making such certificate or opinion has read such covenant or condition; ;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 6 contracts
Samples: Indenture (MCI Income Fund VII, LLC), Indenture (Versity Invest, LLC), Indenture (MCI Income Fund VII, LLC)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 5 contracts
Samples: Indenture (Burlington Resources Finance Co), Indenture (Burlington Resources Finance Co), Indenture (Burlington Resources Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with. Every such certificate or opinion provided under this Indenture shall be without personal recourse to the individual executing the same and may include an express statement to such effect.
Appears in 5 contracts
Samples: Indenture (Pentair Inc), Indenture (Deluxe Corp), Indenture (Jostens Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include
(1a) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3c) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4d) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 5 contracts
Samples: Indenture (Pitney Bowes Inc /De/), Indenture (Pitney Bowes Credit Corp), Indenture (Pitney Bowes Credit Corp)
Compliance Certificates and Opinions. (a) Upon any application or demand by Parent or the Company to the Trustee to take any action under any of the provisions of this Indenture, Parent or the Company, Company shall furnish to the Trustee an Officers' Officer’s Certificate stating that that, in the opinion of the signer, all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required dealt with by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include include: (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 5 contracts
Samples: Indenture (Tyco Electronics Ltd.), Indenture (Tyco International Finance S.A.), Indenture (Tyco International Finance S.A.)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he such Person has made such examination or investigation as is necessary to enable him such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 5 contracts
Samples: Subordinated Indenture (United Community Bancshares Inc), Subordinated Indenture (Community First Bankshares Inc), Subordinated Indenture (Community First Bankshares Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 5 contracts
Samples: Indenture (MRV Communications Inc), Indenture (Interim Services Inc), Indenture (Cuc International Inc /De/)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating sating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include,
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 5 contracts
Samples: Indenture (CGMH Capital Iv), Indenture (Citigroup Capital Xii), Indenture (Citigroup Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include include
(1) a statement that the Person making such certificate or opinion has read such covenant or condition; ;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 4 contracts
Samples: Indenture (American Realty Capital Properties, Inc.), Indenture (Duratek Inc), Indenture (Laboratory Corp of America Holdings)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1i) a statement that the Person making such certificate or opinion has read such covenant or condition; (2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3iii) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4iv) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 4 contracts
Samples: Indenture (Freeport-McMoran Inc), Indenture (Freeport-McMoran Inc), Indenture (Net 1 Ueps Technologies Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, shall furnish to the Trustee an Officers' a Manager’s Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include _______________________ 1 Note to Versity: To provide notice information.
(1) a statement that the Person making such certificate or opinion has read such covenant or condition; ;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 4 contracts
Samples: Indenture (Versity Invest, LLC), Indenture (Versity Invest, LLC), Indenture (Versity Invest, LLC)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include,
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 4 contracts
Samples: Indenture (Textron Inc), 8.54% Junior Subordinated Deferrable Interest Indenture (Renaissancere Holdings LTD), Indenture (SSBH Capital Iv)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he such Person has made such examination or investigation as is necessary to enable him such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 3 contracts
Samples: Indenture (Telephone & Data Systems Inc), Indenture (Kansas City Power & Light Co), Indenture Agreement (Telephone & Data Systems Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or not, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 3 contracts
Samples: Indenture (Affiliated Managers Group Inc), Indenture (Phoenix Companies Inc/De), Indenture (Phoenix Duff & Phelps Corp)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that that, in the opinion of the signers, all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 3 contracts
Samples: Indenture (Computer Sciences Corp), Indenture (Computer Sciences Corp), Indenture (Computer Sciences Corp)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 3 contracts
Samples: Indenture (Anixter International Inc), Indenture (Anixter International Inc), Indenture (Anixter International Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Officer’s Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include,
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 3 contracts
Samples: Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 3 contracts
Samples: Indenture (Telik Inc), Indenture (Vaxgen Inc), Indenture (Vaxgen Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand by a Guarantor or the Company to the Trustee to take any action under any of the provisions of this Indenture, such Guarantor or the Company, Company shall furnish to the Trustee an Officers' Officer’s Certificate stating that that, in the opinion of the signer, all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that (i) in the case of any such application or demand as to which the furnishing of such documents is specifically required dealt with by any provision of this Indenture relating to such particular application or demanddemand and (ii) in the case of the execution by the Trustee of this Indenture and any related documents (including the Securities) on the Issue Date, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include include: (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 3 contracts
Samples: Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC), Indenture (Covidien PLC)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company Issuer to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Issuer shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand as to which the furnishing of no such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; ;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he such individual has made such examination or investigation as is necessary to enable him such individual to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 3 contracts
Samples: Indenture (Lumen Technologies, Inc.), Indenture, Indenture (Qwest Corp)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 3 contracts
Samples: Indenture (Pioneer Standard Electronics Inc), Indenture (Hanover Compressor Co /), Indenture (Hanover Compressor Co /)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Officer’s Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents document is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) . Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include: (1) a statement that the Person person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Personperson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Personperson, such condition or covenant has been complied with.
Appears in 3 contracts
Samples: Indenture (TrueBlue, Inc.), Indenture (Nanogen Inc), Indenture (Avnet Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company Issuer to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Issuer shall furnish to the Trustee such certificates and opinions as may be required under the Trust Indenture Act; provided, however, that no such opinion shall be required in connection with the issuance of Securities of any series. Each such certificate or opinion shall be given in the form of an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating Certificate, if to be given by an officer of the proposed action have been complied with and Issuer, or an Opinion of Counsel stating that Counsel, if to be given by counsel, and shall comply with the requirements of the Trust Indenture Act and any other requirements set forth in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional Indenture. Every certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include,
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 3 contracts
Samples: Indenture of Trust (Tortoise Energy Infrastructure Corp), Indenture of Trust (Tortoise Energy Infrastructure Corp), Indenture of Trust (Tortoise Energy Infrastructure Corp)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, shall furnish to the Trustee an Officers' Officer’s Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 3 contracts
Samples: Indenture (Athene Holding Ltd.), Indenture (Athene Holding Ltd.), Indenture (Athene Holding LTD)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 3 contracts
Samples: Indenture (Fingerhut Companies Inc), Indenture (Dain Rauscher Corp), Indenture (Dain Rauscher Corp)
Compliance Certificates and Opinions. (a) Upon any application or demand request by an Issuer or the Company Guarantor to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Applicable Issuer or the Guarantor shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture (except as otherwise expressly provided in this Indenture or a certificate provided pursuant to TIA (S)314(a)(4)) shall include comply with the provisions of TIA (1S)314(e) and shall include:
(i) a statement that the Person making each individual signing such certificate or opinion has read such condition or covenant or condition; and the definitions herein relating thereto;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3iii) a statement thatwhich, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such condition or covenant or condition has been complied with; and and
(4iv) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Indenture (Wal Mart Cayman Sterling Finance Co), Indenture (Wal Mart Cayman Sterling Finance Co)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Unless expressly otherwise specified with respect to any certificate or opinion provided for in this Indenture and delivered to the Trustee Indenture, every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than annual certificates provided pursuant to Section 11.4) shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or not, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Indenture (Apex Silver Mines LTD), Indenture (Apex Silver Mines LTD)
Compliance Certificates and Opinions. (a) Upon any application application, request or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application application, request or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application application, request or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 2 contracts
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company PEC to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, PEC shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Indenture (Pec Funding Trust I), Indenture (Pec Funding Trust I)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each refurnished. Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1a) a statement that the Person making each individual signing such certificate or opinion has read such condition or covenant or condition; and the definitions herein relating thereto;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3c) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such condition or covenant or condition has been complied with; and and
(4d) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Indenture (Internet Capital Group Inc), Indenture (Earthweb Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is 51 specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion of the Company provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1i) a statement that the Person making such certificate or opinion has read such covenant or condition; (2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3iii) a statement that, in the opinion of such Person, he or she has made such examination or investigation as as, in the opinion of such Person, is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4iv) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with; provided, however, that each such certificate shall comply with the provisions of Section 314 of the Trust Indenture Act.
Appears in 2 contracts
Samples: Indenture (Mb Financial Capital Trust I), Indenture (Mb Financial Inc /Md)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Indenture (Chittenden Corp /Vt/), Indenture Agreement (Chittenden Corp /Vt/)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such condition or covenant or condition; and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such condition or covenant or condition has been satisfied or complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been satisfied or complied with.
Appears in 2 contracts
Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion of the Company provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1i) a statement that the Person making such certificate or opinion has read such covenant or condition; (2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3iii) a statement that, in the opinion of such Person, he or she has made such examination or investigation as as, in the opinion of such Person, is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4iv) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with; provided, however, that each such certificate shall comply with the provisions of Section 314 of the Trust Indenture Act.
Appears in 2 contracts
Samples: Indenture (Tompkins Financial Corp), Indenture (S.Y. Bancorp Capital Trust II)
Compliance Certificates and Opinions. (a1) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, shall furnish to the Trustee an Officers' ’ Certificate stating to the effect that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating to the effect that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b2) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Senior Indenture (SiriusPoint LTD), Indenture (SiriusPoint LTD)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company Depositor to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Depositor shall furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture, including one furnished pursuant to specific requirements of this Indenture relating to a particular application or request (other than certificates provided pursuant to TIA Section 324(a)(4)) shall include and shall be deemed to include (regardless of whether specifically stated therein) the following:
(1) a statement that the Person making each individual signing such certificate certificate, opinion, or opinion letter has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Indenture (Union Planters Mortgage Finance Corp), Indenture (Union Planters Home Equity Corp)
Compliance Certificates and Opinions. (a) Upon any am application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Indenture (Hca Inc/Tn), Indenture (Hca Inc/Tn)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such condition or covenant or condition; and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such condition or covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Subordinated Indenture (Cadiz Inc), Subordinated Indenture (Cadiz Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or and opinion of the Company provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Indenture (Pikeville National Corp), Indenture (Ncbe Capital Trust I)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company Issuer to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Issuer shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture, including one furnished pursuant to specific requirements of this Indenture relating to a particular application or request (other than certificates provided pursuant to TIA Section 314(a)(4)) shall include and shall be deemed to include (regardless of whether specifically stated therein) the following:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Indenture (CMC Securities Corp Iv), Indenture (Capstead Securities Corporation Iv)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company Issuers to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Issuers shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and and, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include a:
(1) a statement that the Person making signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Person, he such Person has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such condition or covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Person, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Indenture (Global Indemnity Group, Inc.), Indenture (Global Indemnity Group, Inc.)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company Issuer to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Issuer shall furnish to the Trustee such certificates and opinions as may be required under the Trust Indenture Act; provided, however, that no such opinion or certificate shall be required in connection with the issuance of Securities of any series. Each such certificate or opinion shall be given in the form of an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating Certificate, if to be given by an officer of the proposed action have been complied with and Issuer, or an Opinion of Counsel stating that Counsel, if to be given by counsel, and shall comply with the requirements of the Trust Indenture Act and any other requirements set forth in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional Indenture. Every certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include,
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Indenture of Trust (Tortoise North American Energy Corp), Indenture of Trust (Tortoise Energy Capital Corp)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents certificate or opinion is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Indenture (Hawthorne Financial Corp), Indenture (Local Financial Corp /Nv)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Officer’s Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Indenture (Meritor, Inc. (Nev)), Indenture (Meritor Electric Vehicles, LLC)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture, where applicable in conjunction with this Indenture, shall comply with the requirements set forth in the Trust Indenture shall include Act, including, but not necessarily limited to:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Indenture Agreement (Noble Affiliates Inc), Subordinated Debt Securities Indenture (Noble Affiliates Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this 48 Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Indenture (American Equity Investment Life Holding Co), Indenture (American Equity Investment Life Holding Co)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indentureindenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Indenture (Boise Cascade Trust Iii), Indenture (Boise Cascade Trust Iii)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include
(1) a statement that the Person making each individual signing such certificate or opinion has read such condition or covenant or condition; and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such condition or covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Annual Report, Supplemental Indenture (Merrill Lynch & Co Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, shall furnish to the Trustee an Officers' a Manager's Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include include
(1) a statement that the Person making such certificate or opinion has read such covenant or condition; ;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 2 contracts
Samples: Indenture (GK Investment Holdings, LLC), Indenture (GK Investment Holdings, LLC)
Compliance Certificates and Opinions. (a) Upon any written application or demand written request by the Company Corporation to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Corporation shall furnish to the Trustee an Officers' Officer’s Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture (including any covenant, compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than pursuant to Section 1004) shall include the following statements by each individual signing such opinion, and, in the case of a certificate, by each individual signing such certificate, acting in his or her capacity as a Corporation Officer:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such covenant or condition or covenant has been complied with.
Appears in 1 contract
Samples: Indenture (Cenovus Energy Inc.)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company Partnership to the Trustee to take any action under any of the provisions of this Indenture, the Company, Partnership shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1) a statement that the Person making such certificate or opinion has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 1 contract
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Officer’s Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each furnished by the Company. Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture (except for certificates provided for in Section 10.4) shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; or
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 1 contract
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an as Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 1 contract
Compliance Certificates and Opinions. (a) Upon any application or demand request (except with respect to matters set forth in Article II) by the Company Company, any Owner Trustee or any Loan Trustee to the Trustee to take any action under any of the provisions provision of this IndentureAgreement, the Company, such Owner Trustee or such Loan Trustee, as the case may be, shall furnish to the Trustee (i) an Officers' Officer's Certificate stating that that, in the opinion of the signers, all conditions precedent precedent, if any, provided for in this Indenture Agreement relating to the proposed action have 84 -14- been complied with and (ii) an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture Agreement (other than a certificate provided pursuant to Section 8.04(e)) shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions in this Agreement relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 1 contract
Samples: Pass Through Trust Agreement (America West Airlines Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include (1) include: a statement that the Person making each individual signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 1 contract
Samples: Indenture (Clorox Co /De/)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and 102, 103, 104
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 1 contract
Samples: Indenture (PPG Industries Inc)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an in Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 1 contract
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which which, the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 1 contract
Samples: Indenture (Georgia Pacific Corp)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or and opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1i) a statement that the Person making such certificate or opinion has read such covenant or condition; (2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3iii) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4iv) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 1 contract
Compliance Certificates and Opinions. (a1) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b2) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1a) a statement that the Person making such certificate or opinion has read such covenant or condition; , (2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3c) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4d) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 1 contract
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company Issuer to the Trustee to take any action under any of the provisions of this Indenture, the Company, Issuer shall furnish to the Trustee an Officers' Officer’s Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include (1i) a statement that the Person making such certificate or opinion has read such covenant or condition; condition; (2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; based; (3iii) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is reasonably necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; with; and (4iv) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 1 contract
Samples: Indenture (CyrusOne Inc.)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ,
(3) a statement that, in the opinion of such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 1 contract
Samples: Indenture (Uromed Corp)
Compliance Certificates and Opinions. (a) Upon any application or demand request (except with respect to matters set forth in Article II) by the Company Company, any Loan Trustee or the Second Mortgagee to the Trustee to take any action under any of the provisions provision of this IndentureAgreement, the Company, such Loan Trustee or such Second Mortgagee, as the case may be, shall furnish to the Trustee (i) an Officers' Officer's Certificate stating that that, in the opinion of the signers, all conditions precedent precedent, if any, provided for in this Indenture Agreement relating to the proposed action have been complied with and (ii) an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture Agreement (other than a certificate provided pursuant to Section 8.04(e)) shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions in this Agreement relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and 21
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 1 contract
Samples: Pass Through Trust Agreement (Continental Airlines Inc /De/)
Compliance Certificates and Opinions. (a) Upon any application or demand request (except with respect to matters set forth in Article II) by the Company Company, any Owner Trustee or any Loan Trustee to the Trustee to take any action under any of the provisions provision of this IndentureAgreement, the Company, such Owner Trustee or such Loan Trustee, as the case may be, shall furnish to the Trustee (i) an Officers' Officer's Certificate stating that that, in the opinion of the signers, all conditions precedent precedent, if any, provided for in this Indenture Agreement relating to the proposed action have been complied with and (ii) an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture Agreement (other than a certificate provided pursuant to Section 8.04(e)) shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions in this Agreement relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and 27 19
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 1 contract
Samples: Pass Through Trust Agreement (Continental Airlines Inc /De/)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 1 contract
Samples: Indenture (Fingerhut Companies Inc)
Compliance Certificates and Opinions. (a) Upon Except as otherwise expressly provided by this Indenture, upon any application or demand request by the Company or the Guarantor to the Trustee to take any action under any of the provisions provision of this Indenture, the CompanyCompany or the Guarantor, as the case may be, shall furnish to the Trustee such certificates and opinions as may be required under the Trust Indenture Act. Each such certificate or opinion shall be given in the form of an Officers' Certificate stating that all conditions precedent provided for in this Indenture relating Certificate, if to be given by an officer of the proposed action have been complied with and Company or the Guarantor, or an Opinion of Counsel stating that Counsel, if to be given by counsel, and shall comply with the requirements of the Trust Indenture Act and any other requirements set forth in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional Indenture. Every certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 1 contract
Samples: Indenture (Mellon Financial Corp)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination exam- ination or investigation upon which the statements or opinions contained con- tained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of each such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual, such condition or covenant has been complied with.
Appears in 1 contract
Samples: Indenture (Ingersoll Rand Co)
Compliance Certificates and Opinions. (a) Upon any application or demand request by the Company to the Trustee to take any action under any of the provisions provision of this Indenture, the Company, Company shall furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent precedent, if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent precedent, if any, have been complied with, except that in the case of any such application or demand request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demandrequest, no additional certificate or opinion need be furnished.
(b) Each . Every certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant provided for in this Indenture shall include include:
(1) a statement that the Person making individual signing such certificate or opinion has read such covenant or condition; condition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of such Personeach individual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or notwhether, in the opinion of such Personeach individual, such condition or covenant has been complied with.
Appears in 1 contract
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company Issuer to the Trustee to take any action under any of the provisions of this Indenture, the CompanyIssuer, shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include include:
(1i) a statement that the Person making such certificate or opinion has read such covenant or condition; ;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3iii) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4iv) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 1 contract
Samples: Indenture (RCS Capital Corp)
Compliance Certificates and Opinions. (a) Upon any application or demand by the Company to the Trustee to take any action under any of the provisions of this Indenture, the Company, Company shall furnish to the Trustee an Officers' a Corporate Officer’s Certificate stating that all conditions precedent provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent have been complied with, except that in the case of any such application or demand as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or demand, no additional certificate or opinion need be furnished.
(b) Each certificate or opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant in this Indenture shall include include
(1) a statement that the Person making such certificate or opinion has read such covenant or condition; ;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ;
(3) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and and
(4) a statement as to whether or not, in the opinion of such Person, such condition or covenant has been complied with.
Appears in 1 contract
Samples: Indenture (Knightscope, Inc.)
