Confirmatory Action Regarding Liens. The Credit Parties will furnish to the Trustee: (i) without limiting the provisions of Exhibit F hereto with respect to documents to be delivered on the Issue Date, promptly after the execution and delivery of this Indenture, the Security Documents, each amendment or supplement to a Security Document or other instrument of further assurance, an Opinion or Opinions of Counsel stating that, in the opinion of such counsels, this Indenture, the Security Documents, any such amendment or supplement to a Security Document and other instruments of further assurance have been properly recorded, endorsed, registered and filed, or have been received by the applicable governmental authority for recording, filing or registration, to the extent necessary (but subject to Section 6.02 hereof) to make effective and perfect the Liens intended to be created by this Indenture and the Security Documents and reciting the details of such action or referring to prior Opinions of Counsel in which such details are given, or stating that, in the opinion of such counsel, no such action is necessary to make such Liens effective; (ii) on or before January 1 in each year beginning with January 1, 2004, (A) an Opinion or Opinions of Counsel, dated as of a date not earlier than 30 days prior to such date, either stating that, in the opinion of such counsels, such action has been taken with respect to the recording, registering, filing, re-recording, re-registering and re-filing of this Indenture, the Security Documents, of all amendments or supplements to the Security Documents, financing statements, continuation statements or other instruments of further assurances as is necessary (but subject to Section 6.02 hereof) to maintain the Lien of this Indenture and the Security Documents (including the Lien on any Property acquired by the Issuer or any Guarantor since the end of the preceding calendar year) and reciting the details of such action or referring to prior Opinions of Counsel in which such details are given, or stating that, in the opinion of such counsel, no such action is necessary to maintain such Lien and (B) an Officers' Certificate, dated as of a date not earlier than 30 days prior to such date, stating that all fees required to be paid under each Security Document have been paid; and Indenture (iii) from time to time, notice of any recording, registration, filing, payment or other action taken in accordance with the provisions of Section 6.03(a) hereof, in each case as promptly as practicable after taking any such action. The Credit Parties will comply with Section 314(b) of the TIA.
Appears in 1 contract
Confirmatory Action Regarding Liens. The Credit Parties will furnish to the Trustee:
(i) without limiting the provisions of Exhibit F hereto with respect to documents to be delivered on the Issue Date (which provisions shall govern documents to be delivered on the Issue Date) and subject to Section 6.02 hereof, promptly after the execution and delivery of this Indenture, the Security Documents, each amendment or supplement to a Security Document or other instrument of further assurance, an Opinion or Opinions of Counsel stating that, in the opinion of such counsels, this Indenture, the Security Documents, any such amendment or supplement to a Security Document and other instruments of further assurance have been properly recorded, endorsed, registered and filed, or have been received by the applicable governmental authority for recording, filing or registration, to the extent necessary (but subject to Section 6.02 hereof) to make effective and perfect the Liens intended to be created by this Indenture and the Security Documents and reciting the details of such action or referring to prior Opinions of Counsel in which such details are given, or stating that, in the opinion of such counsel, no such action is necessary to make such Liens effective;
(ii) on or before January 1 31 in each year beginning with January 131, 20042006, (A) with respect to each Specified Jurisdiction, an Opinion or Opinions of Counsel, dated as of a date not earlier than 30 60 days prior to such date, either stating that, in the opinion of such counsels, such action has been taken with respect to the recording, registering, filing, re-recording, re-registering and re-filing of this Indenture, the Security Documents, of all amendments or supplements to the Security Documents, financing statements, continuation statements or other instruments of further assurances as is necessary (but subject to Section 6.02 hereof) to maintain the Lien of this Indenture and the Security Documents (including the Lien on any Property acquired by the Issuer or any Guarantor since the end of the preceding calendar year) to the extent required under the provisions of the applicable Security Documents and the provisions of this Article VI with respect to the Specified Jurisdictions, and reciting the details of such action or referring to prior Opinions of Counsel in which such details are given, or stating that, in the opinion of such counsel, no such action is necessary to maintain such Lien and (B) an Officers' Certificate’ Certificate of the Issuer, dated as of a date not earlier than 30 60 days prior to such date, stating that (I) all fees required to be paid under each Security Document have been paid; paid and (II) the Credit Parties have used commercially reasonable efforts to obtain any consent referred to in clause (v) of paragraph (a) above and (III) with respect to each jurisdiction (other than the Specified Jurisdictions) as to which Property of any Credit Party is located and a security interest in such Property granted, to the best knowledge, after due inquiry of all the relevant facts and circumstances, of such Officer, either, such action has been taken with respect to the recording, registering, filing, re-recording, re-registering and re-filing of this Indenture, the Security Documents, of all amendments or supplements to the Security Documents, financing statements, continuation statements or other instruments of further assurances as is necessary (but subject to Section 6.02 hereof) to maintain the Lien of the Security Documents (including the Lien on any Property acquired by the Issuer or any Guarantor since the end of the preceding calendar year) to the extent required under the provisions of the applicable Security Documents and the provisions of this Article VI, or that, no such action is necessary to maintain such Lien;
(iii) on or before July 31 in each year beginning with July 31, 2005, with respect to each jurisdiction in a Latin American country as to which Property of any Credit Party is located and where Property in excess of $10,000,000 in the aggregate was acquired after the date of delivery of the last Opinion and/or Officer’s Certificate delivered pursuant to Section 6.03(c)(ii) hereof, an Officer’s Certificate of the Issuer, dated as of a date not earlier than 60 days prior to such date, stating that, to the best knowledge, after due inquiry of all the relevant facts and circumstances, of such Officer, either, such action has been taken with respect to the recording, registering, filing, re-recording, re-registering and re-filing of this Indenture, the Security Documents, all amendments or supplements to the Security Documents, financing statements, continuation statements or other instruments of further assurances as is necessary (but subject to Section 6.02 hereof) to maintain the Lien of the Security Documents (including the Lien on any Property acquired by the Issuer or any Guarantor since the end of the preceding calendar year) to the extent required under the provisions of the applicable Security Documents and the provisions of this Article VI, or that, no such action is necessary to maintain such Lien on such acquired Property; and
(iv) from time to time, notice of any recording, registration, filing, payment or other action taken in accordance with the provisions of Section 6.03(a) hereof, in each case as promptly as practicable after taking any such action. The Credit Parties will comply with Section 314(b) of the TIA.
Appears in 1 contract
Samples: Indenture (Global Crossing LTD)
Confirmatory Action Regarding Liens. The Credit Parties will furnish to the Trustee:
(i) without limiting the provisions of Exhibit F hereto with respect to documents to be delivered on the Issue Date (which provisions shall govern documents to be delivered on the Issue Date) and subject to Section 6.02 hereof, promptly after the execution and delivery of this Indenture, the Security Documents, each amendment or supplement to a Security Document or other instrument of further assurance, an Opinion or Opinions of Counsel stating that, in the opinion of such counsels, this Indenture, the Security Documents, any such Indenture amendment or supplement to a Security Document and other instruments of further assurance have been properly recorded, endorsed, registered and filed, or have been received by the applicable governmental authority for recording, filing or registration, to the extent necessary (but subject to Section 6.02 hereof) to make effective and perfect the Liens intended to be created by this Indenture and the Security Documents and reciting the details of such action or referring to prior Opinions of Counsel in which such details are given, or stating that, in the opinion of such counsel, no such action is necessary to make such Liens effective;
(ii) on or before January 1 February 28 in each year beginning with January 1February 28, 20042005, (A) an Opinion or Opinions of Counsel, dated as of a date not earlier than 30 60 days prior to such date, either stating that, in the opinion of such counsels, such action has been taken with respect to the recording, registering, filing, re-recording, re-registering and re-filing of this Indenture, the Security Documents, of all amendments or supplements to the Security Documents, financing statements, continuation statements or other instruments of further assurances as is necessary (but subject to Section 6.02 hereof) to maintain the Lien of this Indenture and the Security Documents (including the Lien on any Property acquired by the Issuer or any Guarantor since the end of the preceding calendar year) to the extent required under the provisions of the applicable Security Documents and the provisions of this Article VI, and reciting the details of such action or referring to prior Opinions of Counsel in which such details are given, or stating that, in the opinion of such counsel, no such action is necessary to maintain such Lien and (B) an Officers' CertificateCertificate of the Issuer, dated as of a date not earlier than 30 60 days prior to such date, stating that all fees required to be paid under each Security Document have been paidpaid and that the Credit Parties have used commercially reasonable efforts to obtain any consent referred to in clause (v) of paragraph (a) above; and Indentureand
(iii) from time to time, notice of any recording, registration, filing, payment or other action taken in accordance with the provisions of Section 6.03(a) hereof, in each case as promptly as practicable after taking any such action. The Credit Parties will comply with Section 314(b) of the TIA.
Appears in 1 contract
Samples: Indenture (Global Crossing LTD)
Confirmatory Action Regarding Liens. The Credit Debtor Parties will furnish to the Trustee:
(i) without limiting as a condition precedent to the provisions of Exhibit F hereto with respect to documents to be delivered execution and delivery by the Trustee on the Issue DateDate of this Indenture and the Security Documents, Opinions of Counsel in New York and applicable foreign jurisdictions as to (1) the validity, enforceability, priority and perfection of the security interests granted to the Trustee under the Security Documents, (2) the due organization of the Issuer and the Guarantors, (3) the due authorization, execution and enforceability of this Indenture and the Security Documents and (4) such other matters as the Trustee may reasonably request;
(ii) promptly after the execution and delivery of this Indenture, the Security Documents, each amendment or supplement to a Security Document or other instrument of further assurance, an Opinion or Opinions of Counsel stating that, in the opinion of such counsels, this Indenture, the Security Documents, any such amendment or supplement to a Security Document and other instruments of further assurance have been properly recorded, endorsed, registered and filed, or have been received by the applicable governmental authority for recordingrecord, filing or registration, to the extent necessary (but subject to Section 6.02 hereof) to make effective and perfect the Liens intended to be created by this Indenture and the Security Documents and reciting the details of such action or referring to prior Opinions of Counsel in which such details are given, or stating that, in the opinion of such counsel, no such action is necessary to make such Liens effective;
(iiiii) on or before January 1 in each year beginning with January 1, 2004, (A) an Opinion or Opinions of Counsel, dated as of a date not earlier than 30 days prior to such date, (A) either stating that, in the opinion of such counsels, such action has been taken with respect to the recording, registering, filing, re-recording, re-registering and re-filing of this Indenture, the Security Documents, of all amendments or supplements to the Security Documents, financing statements, continuation statements or other instruments of further assurances as is necessary (but subject to Section 6.02 hereof) to maintain the Lien of this Indenture and the Security Documents (including the Lien on any Property property acquired by the Issuer or any Guarantor since the end of the preceding calendar year) and reciting the details of such action or referring to prior Opinions of Counsel in which such details are given, or stating that, in the opinion of such counsel, no such action is necessary to maintain such Lien and (B) an Officers' Certificate, dated as of a date not earlier than 30 days prior to such date, stating that all fees required to be paid under each Security Document have been paid; and Indentureand
(iiiiv) from time to time, notice of any recording, registration, filing, payment or other action taken in accordance with the provisions of Section 6.03(a6.02(a) hereof, in each case as promptly as practicable after taking any such action. The Credit Parties will comply with Section 314(b) of the TIA.
Appears in 1 contract
Confirmatory Action Regarding Liens. The Credit Parties will furnish to the Trustee:
(i) without limiting the provisions of Exhibit F hereto with respect to documents to be delivered on the Issue Date (which provisions shall govern documents to be delivered on the Issue Date) and subject to Section 6.02 hereof, promptly after the execution and delivery of this Indenture, the Security Documents, each amendment or supplement to a Security Document or other instrument of further assurance, an Opinion or Opinions of Counsel stating that, in the opinion of such counsels, this Indenture, the Security Documents, any such amendment or supplement to a Security Document and other instruments of further assurance have been properly recorded, endorsed, registered and filed, or have been received by the applicable governmental authority for recording, filing or registration, to the extent necessary (but subject to Section 6.02 hereof) to make effective and perfect the Liens intended to be created by this Indenture and the Security Documents and reciting the details of such action or referring to prior Opinions of Counsel in which such details are given, or stating that, in the opinion of such counsel, no such action is necessary to make such Liens effective;
(ii) on or before January 1 February 28 in each year beginning with January 1February 28, 20042005, (A) an Opinion or Opinions of Counsel, dated as of a date not earlier than 30 60 days prior to such date, either stating that, in the opinion of such counsels, such action has been taken with respect to the recording, registering, filing, re-recording, re-registering and re-filing of this Indenture, the Security Documents, of all amendments or supplements to the Security Documents, financing statements, continuation statements or other instruments of further assurances as is necessary (but subject to Section 6.02 hereof) to maintain the Lien of this Indenture and the Security Documents (including the Lien on any Property acquired by the Issuer or any Guarantor since the end of the preceding calendar year) to the extent required under the provisions of the applicable Security Documents and the provisions of this Article VI, and reciting the details of such action or referring to prior Opinions of Counsel in which such details are given, or stating that, in the opinion of such counsel, no such action is necessary to maintain such Lien and (B) an Officers' CertificateCertificate of the Issuer, dated as of a date not earlier than 30 60 days prior to such date, stating that all fees required to be paid under each Security Document have been paidpaid and that the Credit Parties have used commercially reasonable efforts to obtain any consent referred to in clause (v) of paragraph (a) above; and Indentureand
(iii) from time to time, notice of any recording, registration, filing, payment or other action taken in accordance with the provisions of Section 6.03(a) hereof, in each case as promptly as practicable after taking any such action. The Credit Parties will comply with Section 314(b) of the TIA.
Appears in 1 contract
Samples: Indenture (Global Crossing LTD)
