Common use of Evidence and Authority to Trustee Clause in Contracts

Evidence and Authority to Trustee. Harvest Energy Trust, ExchangeCo and/or Harvest shall furnish to the Trustee evidence of compliance with the conditions provided for in this Agreement relating to any action or step required or permitted to be taken by Harvest Energy Trust, ExchangeCo and/or Harvest or the Trustee under this Agreement or as a result of any obligation imposed under this Agreement, including, without limitation, in respect of the Voting Rights, the Exchange Rights or the Automatic Exchange Rights and the taking of any other action to be taken by the Trustee at the request of or on the application of Harvest Energy Trust, ExchangeCo and/or Harvest promptly if and when: (a) such evidence is required by any other Section of this Agreement to be furnished to the Trustee in accordance with the terms of this Section 6.9; or (b) the Trustee, in the exercise of its rights, powers, duties and authorities under this Agreement, gives Harvest Energy Trust, ExchangeCo and/or Harvest written notice requiring it to furnish such evidence in relation to any particular action or obligation specified in such notice. Such evidence shall consist of an Officer's Certificate of ExchangeCo and/or Harvest or a statutory declaration or a certificate made by persons entitled to sign an Officer's Certificate stating that any such condition has been complied with in accordance with the terms of this Agreement. Whenever such evidence relates to a matter other than the Voting Rights, the Exchange Rights or the Automatic Exchange Rights or the taking of any other action to be taken by the Trustee at the request or on the application of Harvest Energy Trust, ExchangeCo and/or Harvest, and except as otherwise specifically provided herein, such evidence may consist of a report or opinion of any solicitor, attorney, auditor, accountant, appraiser, valuer, engineer or other expert or any other person whose qualifications give authority to a statement made by him, provided that if such report or opinion is furnished by a director, officer or employee of ExchangeCo and/or Harvest it shall be in the form of an Officer's Certificate or a statutory declaration. Each statutory declaration, Officer's Certificate, opinion or report furnished to the Trustee as evidence of compliance with a condition provided for in this Agreement shall include a statement by the person giving the evidence: (c) declaring that he or she has read and understands the provisions of this Agreement relating to the condition in question; (d) describing the nature and scope of the examination or investigation upon which he or she based the statutory declaration, certificate, statement or opinion; and (e) declaring that he or she has made such examination or investigation as he or she believes is necessary to enable him or her to make the statements or give the opinions contained or expressed therein.

Evidence and Authority to Trustee. Harvest Energy TrustAbitibiBowater, ExchangeCo Bowater Holdings and/or Harvest AbitibiBowater Canada shall furnish to the Trustee evidence of compliance with the conditions provided for in this Amended and Restated Trust Agreement relating to any action or step required or permitted to be taken by Harvest Energy TrustAbitibiBowater, ExchangeCo Bowater Holdings and/or Harvest AbitibiBowater Canada or the Trustee under this Amended and Restated Trust Agreement or as a result of any obligation imposed under this Amended and Restated Trust Agreement, including, without limitation, in respect of the Voting Rights, Rights or the Exchange Rights Right or the Automatic Exchange Rights and the taking of any other action to be taken by the Trustee at the request of or on the application of Harvest Energy TrustAbitibiBowater, ExchangeCo Bowater Holdings and/or Harvest AbitibiBowater Canada promptly if and when: (a) such evidence is required by any other Section section of this Amended and Restated Trust Agreement to be furnished to the Trustee in accordance with the terms of this Section 6.9section 7.9; or (b) the Trustee, in the exercise of its rights, powers, duties and authorities under this Amended and Restated Trust Agreement, gives Harvest Energy TrustAbitibiBowater, ExchangeCo Bowater Holdings and/or Harvest AbitibiBowater Canada written notice requiring it to furnish such evidence in relation to any particular action or obligation specified in such notice. Such evidence shall consist of an Officer's ’s Certificate of ExchangeCo AbitibiBowater, Bowater Holdings and/or Harvest AbitibiBowater Canada or a statutory declaration or a certificate made by persons entitled to sign an Officer's ’s Certificate stating that any such condition has been complied with in accordance with the terms of this Amended and Restated Trust Agreement. Whenever such evidence relates to a matter other than the Voting Rights, Rights or the Exchange Rights Right or the Automatic Exchange Rights or the taking of any other action to be taken by the Trustee at the request or on the application of Harvest Energy TrustAbitibiBowater, ExchangeCo Bowater Holdings and/or HarvestAbitibiBowater Canada, and except as otherwise specifically provided herein, such evidence may consist of a report or opinion of any solicitor, attorney, auditor, accountant, appraiser, valuer, engineer or other expert or any other person whose qualifications give authority to a statement made by him, provided that if such report or opinion is furnished by a director, officer or employee of ExchangeCo AbitibiBowater, Bowater Holdings and/or Harvest AbitibiBowater Canada it shall be in the form of an Officer's ’s Certificate or a statutory declaration. Each statutory declaration, Officer's Certificatecertificate, opinion or report furnished to the Trustee as evidence of compliance with a condition provided for in this Amended and Restated Trust Agreement shall include a statement by the person giving the evidence: (ca) declaring that he or she has read and understands the provisions of this Amended and Restated Trust Agreement relating to the condition in question; (db) describing the nature and scope of the examination or investigation upon which he or she based the statutory declaration, certificate, statement or opinion; and (ec) declaring that he or she has made such examination or investigation as he or she believes is necessary to enable him or her to make the statements or give the opinions contained or expressed therein.

Evidence and Authority to Trustee. Harvest Energy TrustTSA Exchangeco, ExchangeCo TSA Holdco, and/or Harvest TSA shall furnish to the Trustee evidence of compliance with the conditions provided for in this Agreement relating to any action or step required or permitted to be taken by Harvest Energy TrustTSA Exchangeco, ExchangeCo TSA Holdco, and/or Harvest TSA or the Trustee under this Agreement or as a result of any obligation imposed under this Agreement, including, without limitation, in respect of the Voting Rights, Rights or the Exchange Rights Right or the Automatic Exchange Rights and the taking of any other action to be taken by the Trustee at the request of or on the application of Harvest Energy TrustTSA Exchangeco, ExchangeCo TSA Holdco, and/or Harvest promptly TSA forthwith if and when: (a) such evidence is required by any other Section section of this Agreement to be furnished to the Trustee in accordance with the terms of this Section 6.97.9; or (b) the Trustee, in the exercise of its rights, powers, duties and authorities under this Agreement, gives Harvest Energy TrustTSA Exchangeco, ExchangeCo TSA Holdco, and/or Harvest TSA written notice requiring it to furnish such evidence in relation to any particular action or obligation specified in such notice. Such evidence shall consist of an Officer's Certificate of ExchangeCo TSA Exchangeco, TSA Holdco, and/or Harvest TSA or a statutory declaration or a certificate made by persons entitled to sign an Officer's Certificate stating that any such condition has been complied with in accordance with the terms of this Agreement. Whenever such evidence relates to a matter other than the Voting Rights, Rights or the Exchange Rights Right or the Automatic Exchange Rights or or, the taking of any other action to be taken by the Trustee at the request or on the application of Harvest Energy TrustTSA Exchangeco, ExchangeCo TSA Holdco, and/or HarvestTSA, and except as otherwise specifically provided herein, such evidence may consist of a report or opinion of any solicitor, attorney, auditor, accountant, appraiser, valuer, engineer or other expert or any other person whose qualifications give authority to a statement made by him, provided that if such report or opinion is furnished by a director, officer or employee of ExchangeCo TSA Exchangeco, TSA Holdco, and/or Harvest TSA it shall be in the form of an Officer's Certificate or a statutory declaration. Each statutory declaration, Officer's Certificate, opinion or report furnished to the Trustee as evidence of compliance with a condition provided for in this Agreement shall include a statement by the person giving the evidence: (ca) declaring that he or she has read and understands the provisions of this Agreement trust agreement relating to the condition in question;: (db) describing the nature and scope of the examination or investigation upon which he or she based the statutory declaration, certificate, statement or opinion; and (ec) declaring that he or she has made such examination or investigation as he or she believes is necessary to enable him or her to make the statements or give the opinions contained or expressed therein.

Evidence and Authority to Trustee. Harvest Energy TrustSpinco, ExchangeCo Newco Canada and/or Harvest Newco Canada Exchangeco shall furnish to the Trustee evidence of compliance with the conditions provided for in this Agreement relating to any action or step required or permitted to be taken by Harvest Energy TrustSpinco, ExchangeCo Newco Canada and/or Harvest Newco Canada Exchangeco or the Trustee under this Agreement or as a result of any obligation imposed under this Agreement, including, without limitation, in respect of the Voting Rights, Rights or the Exchange Rights Right or the Automatic Exchange Rights and the taking of any other action to be taken by the Trustee at the request of or on the application of Harvest Energy TrustSpinco, ExchangeCo Newco Canada and/or Harvest Newco Canada Exchangeco promptly if and when:: Table of Contents (a) such evidence is required by any other Section section of this Agreement to be furnished to the Trustee in accordance with the terms of this Section 6.9section 7.9; or (b) the Trustee, in the exercise of its rights, powers, duties and authorities under this Agreement, gives Harvest Energy TrustSpinco, ExchangeCo Newco Canada and/or Harvest Newco Canada Exchangeco written notice requiring it to furnish such evidence in relation to any particular action or obligation specified in such notice. Such evidence shall consist of an Officer's ’s Certificate of ExchangeCo Spinco, Newco Canada and/or Harvest Newco Canada Exchangeco or a statutory declaration or a certificate made by persons entitled to sign an Officer's ’s Certificate stating that any such condition has been complied with in accordance with the terms of this Agreement. Whenever such evidence relates to a matter other than the Voting Rights, Rights or the Exchange Rights Right or the Automatic Exchange Rights or the taking of any other action to be taken by the Trustee at the request or on the application of Harvest Energy TrustSpinco, ExchangeCo Newco Canada and/or HarvestNewco Canada Exchangeco, and except as otherwise specifically provided herein, such evidence may consist of a report or opinion of any solicitor, attorney, auditor, accountant, appraiser, valuer, engineer or other expert or any other person whose qualifications give authority to a statement made by him, provided that if such report or opinion is furnished by a director, officer or employee of ExchangeCo Spinco, Newco Canada and/or Harvest Newco Canada Exchangeco it shall be in the form of an Officer's ’s Certificate or a statutory declaration. Each statutory declaration, Officer's ’s Certificate, opinion or report furnished to the Trustee as evidence of compliance with a condition provided for in this Agreement shall include a statement by the person giving the evidence: (c) declaring that he or he/she has read and understands the provisions of this Agreement relating to the condition in question; (d) describing the nature and scope of the examination or investigation upon which he or he/she based the statutory declaration, certificate, statement or opinion; and (e) declaring that he or she has made such examination or investigation as he or he/she believes is necessary to enable him or her to make the statements or give the opinions contained or expressed therein.