Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.
Appears in 101 contracts
Samples: Indenture (Orthopediatrics Corp), Indenture (BigCommerce Holdings, Inc.), Indenture (SMART Global Holdings, Inc.)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this the Indenture have been satisfied.
Appears in 10 contracts
Samples: Supplemental Indenture (Tellurian Inc. /De/), First Supplemental Indenture (Xeris Biopharma Holdings, Inc.), Supplemental Indenture (Cheesecake Factory Inc)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Guarantor Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Guarantor Business Combination Event (and, if applicable, the related supplemental indenture) comply complies with Section 6.01(A9.04(A); and (ii) all conditions precedent to such Guarantor Business Combination Event provided in this Indenture have been satisfied.
Appears in 6 contracts
Samples: Indenture (Starry Holdings, Inc.), Indenture (Boxed, Inc.), Indenture (Seven Oaks Acquisition Corp.)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before Prior to or substantially simultaneously with the effective time of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.
Appears in 5 contracts
Samples: Supplemental Indenture (Better Home & Finance Holding Co), Indenture (American Eagle Outfitters Inc), Indenture (Dick's Sporting Goods, Inc.)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Guarantor Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Guarantor Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A9.04(A); and (ii) all conditions precedent to such Guarantor Business Combination Event provided in this Indenture have been satisfied.
Appears in 4 contracts
Samples: Indenture (Spotify Technology S.A.), Indenture (Aegerion Pharmaceuticals, Inc.), Indenture (NRG Energy, Inc.)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply complies with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.
Appears in 4 contracts
Samples: Indenture (Guess Inc), Indenture (Bloomin' Brands, Inc.), Indenture (Guess Inc)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.and
Appears in 3 contracts
Samples: Indenture (Alphatec Holdings, Inc.), Indenture (Limelight Networks, Inc.), Indenture (Limelight Networks, Inc.)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before On or before the effective time of any Business Combination EventEvent in which the Company is not the resulting, surviving or transferee Person, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.
Appears in 3 contracts
Samples: Indenture (Mirum Pharmaceuticals, Inc.), Cytokinetics, Incorporated (Cytokinetics Inc), Indenture (DigitalOcean Holdings, Inc.)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A7.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this the Indenture have been satisfied.
Appears in 3 contracts
Samples: Supplemental Indenture (Tellurian Inc. /De/), Supplemental Indenture (Tellurian Inc. /De/), Securities Purchase Agreement (Tellurian Inc. /De/)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Guarantor Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Guarantor Business Combination Event (and, if applicable, the related supplemental indentureindenture substantially in the form of Exhibit C) comply complies with Section 6.01(A9.04(A); and (ii) all conditions precedent to such Guarantor Business Combination Event provided in this Indenture have been satisfied.
Appears in 3 contracts
Samples: Indenture (Nogin, Inc.), Indenture (Nogin, Inc.), Indenture (Software Acquisition Group Inc. III)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee (x) an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply complies with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied and (y) an Opinion of Counsel stating that all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.
Appears in 3 contracts
Samples: Amryt Pharma PLC, Amryt Pharma PLC, www.amrytpharma.com
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before At or before the effective time of any Company Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Company Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A); and (ii) all conditions precedent to such Company Business Combination Event provided in this Indenture have been satisfied.
Appears in 3 contracts
Samples: Indenture (SB/RH Holdings, LLC), Indenture (Rexford Industrial Realty, Inc.), Indenture (Rexford Industrial Realty, Inc.)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A7.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.
Appears in 2 contracts
Samples: Indenture (Coherus BioSciences, Inc.), 3668083.app.netsuite.com
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.
Appears in 2 contracts
Samples: Supplemental Indenture (Biora Therapeutics, Inc.), Indenture (Lucid Group, Inc.)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before At or before the effective time of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.
Appears in 2 contracts
Samples: Indenture (Osi Systems Inc), Indenture (Ugi Corp /Pa/)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, if at such time there is a Trustee, the Company will shall deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply complies with Section 6.01(A)11.01 and Section 11.02; and (ii) all conditions precedent to such Business Combination Event provided in this Indenture Indenture, if any, have been satisfied.
Appears in 1 contract
Samples: Eos Energy Enterprises, Inc.
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before At or before the effective time of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this the Indenture have been satisfied.
Appears in 1 contract
Samples: Indenture (Nikola Corp)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before At or before the effective time of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.
Appears in 1 contract
Samples: Ani Pharmaceuticals Inc
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before At or before the effective time of any Holdings Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Holdings Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A9.05(A); and (ii) all conditions precedent to such Holdings Business Combination Event provided in this Indenture have been satisfied.
Appears in 1 contract
Samples: Indenture (SB/RH Holdings, LLC)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee and the Collateral Agent an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.
Appears in 1 contract
Samples: Indenture (Workhorse Group Inc.)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee and the Collateral Agent an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply complies with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.
Appears in 1 contract
Samples: Pledge and Security Agreement (Marti Technologies, Inc.)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that that: (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.
Appears in 1 contract
Samples: Indenture (PetIQ, Inc.)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.. Table of Contents
Appears in 1 contract
Samples: Indenture (Progenity, Inc.)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before On or before the effective time of any Business Combination EventEvent in which the Company is not the resulting, surviving or transferee Person, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply complies with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.. Exhibit 4.1
Appears in 1 contract
Samples: Indenture (Cardlytics, Inc.)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply complies with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this the Indenture have been satisfied.
Appears in 1 contract
Samples: First Supplemental Indenture (Mesa Laboratories Inc /Co)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Co-Issuer Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Co-Issuer Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A)6.02; and (ii) all conditions precedent to such Co-Issuer Business Combination Event provided in this Indenture have been satisfied.
Appears in 1 contract
Samples: Realogy Group LLC
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will shall deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply complies with Section 6.01(A)11.01 and Section 11.02; and (ii) all conditions precedent to such Business Combination Event provided in this Indenture Indenture, if any, have been satisfied.
Appears in 1 contract
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee (x) an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied and (y) an Opinion of Counsel stating that all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.
Appears in 1 contract
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Officers’ Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this the Indenture have been satisfied.
Appears in 1 contract
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before Promptly following request by the effective time Trustee in respect of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.
Appears in 1 contract
Samples: Indenture (SmileDirectClub, Inc.)
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.
Appears in 1 contract
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A6.01.(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.
Appears in 1 contract
Samples: Perficient Inc
Delivery of Officer’s Certificate and Opinion of Counsel to the Trustee. Before the effective time of any Business Combination Event, the Company will deliver to the Trustee and the Collateral Trustee an Officer’s Certificate and Opinion of Counsel, each stating that (i) such Business Combination Event (and, if applicable, the related supplemental indenture) comply with Section 6.01(A); and (ii) all conditions precedent to such Business Combination Event provided in this Indenture have been satisfied.
Appears in 1 contract
Samples: Indenture (Gastar Exploration Inc.)