Common use of Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee Clause in Contracts

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms.

Appears in 76 contracts

Samples: Indenture (Nutanix, Inc.), Indenture (Brookdale Senior Living Inc.), Indenture (Brookdale Senior Living Inc.)

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Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 45 contracts

Samples: Indenture (Wec Energy Group, Inc.), Indenture (Wec Energy Group, Inc.), Indenture (New Whale Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 23 contracts

Samples: Fourth Supplemental Indenture (Nikola Corp), First Supplemental Indenture (Nikola Corp), Indenture (Avid Bioservices, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and such Opinion of Counsel shall include a customary legal opinion stating that the such supplemental indenture constitutes is the legal, valid and binding obligation of the Company enforceable in accordance with its termsCompany, subject to customary exceptions and qualifications.

Appears in 19 contracts

Samples: Indenture (Alnylam Pharmaceuticals, Inc.), Indenture (Alnylam Pharmaceuticals, Inc.), Convertible Note Subscription Agreement (L&F Acquisition Corp.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition The Trustee, subject to the documents required by Section 17.05provisions of Sections 8.1 and 8.2, the Trustee shall may receive an Officer’s Officers' Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsXI.

Appears in 19 contracts

Samples: Indenture (Omnicom Group Inc), Indenture (Iomega Corp), Indenture (S3 Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and such Opinion of Counsel to include a customary legal opinion stating that the such supplemental indenture constitutes is the legal, valid and binding obligation of the Company enforceable in accordance with its termsCompany, subject to customary exceptions and qualifications.

Appears in 14 contracts

Samples: Indenture (Microchip Technology Inc), Indenture (Lyft, Inc.), Indenture (Sarepta Therapeutics, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0516.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 14 contracts

Samples: Second Supplemental Indenture (Trinity Capital Inc.), Loan and Security Agreement (GSV Capital Corp.), First Supplemental Indenture (GSV Capital Corp.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0517.06, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsis not contrary to law.

Appears in 14 contracts

Samples: Indenture (Bilibili Inc.), Indenture (Trip.com Group LTD), Indenture (Bilibili Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes is the legal, valid and binding obligation of the Company Company, enforceable against it in accordance with its terms.

Appears in 12 contracts

Samples: Indenture (Wayfair Inc.), Supplemental Indenture (Invacare Corp), Supplemental Indenture (Invacare Corp)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0517.06, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and with respect to such Opinion of Counsel, that the such supplemental indenture constitutes is the legal, valid and binding obligation of the Company enforceable in accordance with its terms, subject to customary exceptions and qualifications.

Appears in 11 contracts

Samples: Indenture (iQIYI, Inc.), Indenture (Baidu, Inc.), Indenture (Sea LTD)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition The Trustee, subject to the documents required by Section 17.05provisions of Sections 6.01 and 6.02, the Trustee shall may receive an Officer’s Officers' Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsNine.

Appears in 11 contracts

Samples: Indenture (Phillips Petroleum Co), Indenture (Webster Financial Corp), Indenture (HSBC Usa Capital Trust Vi)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition The Trustee, subject to the documents required by Section 17.05provisions of Sections 6.01 and 6.02, the Trustee shall may receive an Officer’s Officers' Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIX.

Appears in 10 contracts

Samples: Indenture (James River Group, INC), Indenture (M&t Bank Corp), Indenture (Patriot Capital Trust I)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and Indenture. The Trustee shall also receive an Opinion of Counsel that the supplemental indenture constitutes the is a legal, valid and binding obligation of the Company enforceable against the Company in accordance with its terms.

Appears in 10 contracts

Samples: Indenture (Redfin Corp), Indenture (Redfin Corp), Indenture (Zillow Group, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section ‎Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article ‎Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms.

Appears in 10 contracts

Samples: Indenture (Enphase Energy, Inc.), Indenture (Natera, Inc.), Indenture (Enphase Energy, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0516.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company Company, enforceable in accordance with its terms, subject to customary bankruptcy exceptions for opinions of this type.

Appears in 9 contracts

Samples: Indenture (Splunk Inc), Indenture (Twitter, Inc.), Indenture (Twitter, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and 10, is permitted or authorized by this Indenture and that the supplemental indenture constitutes is the legal, valid and binding obligation of the Company, enforceable against the Company enforceable in accordance with its such supplemental indenture’s terms.

Appears in 9 contracts

Samples: Indenture (Pacira BioSciences, Inc.), Note Purchase Agreement (NantHealth, Inc.), Indenture (Teladoc, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the such supplemental indenture constitutes the legal, legal valid and binding obligation of the Company enforceable in accordance with its terms, subject to customary exceptions and qualifications.

Appears in 7 contracts

Samples: Indenture (MICROSTRATEGY Inc), Indenture (MICROSTRATEGY Inc), Indenture (MICROSTRATEGY Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition The Trustee, subject to the documents required by Section 17.05provisions of Sections 6.01 and 6.02, the Trustee shall may receive an Officer’s Officers' Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with to this Article is authorized or permitted by, and conforms to, the requirements terms of this Article 10 and is permitted or authorized by this Indenture and that it is proper for the supplemental indenture constitutes Trustee under the legal, valid and binding obligation provisions of this Article to join in the Company enforceable in accordance with its termsexecution thereof.

Appears in 6 contracts

Samples: Indenture (Vesta Insurance Group Inc), Indenture (Madison Bancshares Group LTD), Junior Subordinated Indenture (New South Capital Trust I)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and 10, is permitted or authorized by this Indenture and that the supplemental indenture constitutes is the legal, valid and binding obligation of the Company enforceable against it in accordance with its terms.

Appears in 6 contracts

Samples: Indenture (Ziff Davis, Inc.), Indenture (Etsy Inc), Indenture (Etsy Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and Indenture, that the all conditions precedent to such supplemental indenture have been satisfied and, with respect to such Opinion of Counsel, that such supplemental indenture constitutes the a legal, valid and binding obligation of the Company, enforceable against the Company enforceable in accordance with its terms.

Appears in 5 contracts

Samples: Indenture (Upstart Holdings, Inc.), Indenture (Upstart Holdings, Inc.), Indenture (Upstart Holdings, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In The Trustee, subject to the provisions of Sections 6.01 and 6.02, may receive and rely upon, in addition to the documents document required by Section 17.0513.06, the Trustee shall receive an Officer’s Officers' Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIX.

Appears in 5 contracts

Samples: Indenture (R&g Financial Corp), Indenture (Coastal Capital Trust I), Indenture (Sandy Spring Capital Trust I)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and any Opinion of Counsel shall state that the supplemental indenture constitutes is the legal, valid and binding obligation of the Company Company, enforceable against it in accordance with its terms.

Appears in 5 contracts

Samples: Indenture (Sunnova Energy International Inc.), Indenture (Sunnova Energy International Inc.), Indenture (Cryolife Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition The Trustee, subject to the documents required by provisions of Section 17.056.01, the Trustee shall receive be provided with an Officer’s Officers' Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsNine.

Appears in 5 contracts

Samples: Indenture (L 3 Communications Corp), Senior Indenture (Black Beauty Coal Co), Indenture (L 3 Communications Corp)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0516.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and (which Opinion of Counsel will state, subject to customary exceptions, that the such supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable against the Company in accordance with its terms).

Appears in 5 contracts

Samples: Indenture (Wolfspeed, Inc.), Indenture (Wolfspeed, Inc.), Indenture (Repay Holdings Corp)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the The Trustee shall be entitled to receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 4 contracts

Samples: Indenture (Wright Medical Group N.V.), Indenture (Wright Medical Group N.V.), Indenture (Wright Medical Group Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive as conclusive evidence an Officer’s Certificate and an Opinion of Counsel as conclusive evidence stating to the effect that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 4 contracts

Samples: Indenture (Harmonic Inc), Indenture (Ii-Vi Inc), Indenture (Harmonic Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In The Trustee, subject to the provisions of Sections 6.01 and 6.02, may receive, in addition to the documents document required by Section 17.0513.06, the Trustee shall receive an Officer’s Officers' Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIX.

Appears in 4 contracts

Samples: Indenture (Independent Capital Trust I), Subordinated Debenture Indenture (NGC Corp), Indenture (Dynegy Capital Trust Iii)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition The Trustee, subject to the documents required by Section 17.05provisions of Sections 8.1 and 8.2, the Trustee shall receive may require an Officer’s Officers' Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsXI.

Appears in 4 contracts

Samples: Indenture (Atlantic Coast Airlines Inc), Indenture (Whole Foods Market Inc), Indenture (Atlantic Coast Airlines Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition The Trustee, subject to the documents required by Section 17.05provisions of Sections 8.01 and 8.02, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsEleven.

Appears in 4 contracts

Samples: Indenture (Baltimore Gas & Electric Co), Indenture (Atlantic City Electric Co), Indenture (Baltimore Gas & Electric Co)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and such Opinion of Counsel to include a customary legal opinion stating that the such supplemental indenture constitutes is the legal, valid and binding obligation of the Company Company, enforceable against it in accordance with its terms, subject to customary exceptions and qualifications.

Appears in 4 contracts

Samples: Indenture (BILL Holdings, Inc.), Indenture (Bill.com Holdings, Inc.), Indenture (Upwork, Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture Indenture, and that the supplemental indenture constitutes is the legal, valid and binding obligation of the Company, enforceable against the Company enforceable in accordance with its terms.

Appears in 4 contracts

Samples: Indenture (Ionis Pharmaceuticals Inc), Indenture (Isis Pharmaceuticals Inc), Indenture (Isis Pharmaceuticals Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition The Trustee, subject to the documents required by Section 17.05provisions of Sections 6.01 and 6.02, the Trustee shall may receive an Officer’s Certificate Officers' Certificates and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIX.

Appears in 4 contracts

Samples: Indenture (Municipal Mortgage & Equity LLC), Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Home Loans Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0516.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto to this Indenture complies with the requirements of this Article 10 X and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 3 contracts

Samples: Indenture (Clovis Oncology, Inc.), Indenture (Clovis Oncology, Inc.), Indenture (Clovis Oncology, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture Indenture, that all conditions precedent to the execution of such supplemental indenture have been satisfied and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms.

Appears in 3 contracts

Samples: Indenture (Q2 Holdings, Inc.), Indenture (Q2 Holdings, Inc.), Indenture (Q2 Holdings, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0519.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel stating that and as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 3 contracts

Samples: Indenture (Envestnet, Inc.), Indenture (Envestnet, Inc.), Indenture (Envestnet, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section ‎Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article ‎Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 3 contracts

Samples: Indenture (Indie Semiconductor, Inc.), Indenture (Fluor Corp), Indenture (Affirm Holdings, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0519.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 3 contracts

Samples: Indenture (Electra Battery Materials Corp), Indenture (Electra Battery Materials Corp), Indenture (Electra Battery Materials Corp)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0516.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and X, is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company Company, enforceable against it in accordance with its termsterms (which Officer’s Certificate and Opinion of Counsel may contain customary exceptions and qualifications).

Appears in 3 contracts

Samples: Indenture (Infinera Corp), Indenture (INFINERA Corp), Indenture (Infinera Corp)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0515.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIX.

Appears in 3 contracts

Samples: Indenture (Sandisk Corp), Indenture (Sandisk Corp), Indenture (Sandisk Corp)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section ‎Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article ‎Article 10 and is permitted or authorized by this Indenture and, with respect to such Opinion of Counsel, subject to customary exceptions and qualifications, that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms.

Appears in 3 contracts

Samples: Indenture (Plug Power Inc), Indenture (Esperion Therapeutics, Inc.), Indenture (Plug Power Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0517.06, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 3 contracts

Samples: Indenture (Avadel Pharmaceuticals PLC), Indenture (Qihoo 360 Technology Co LTD), Indenture (Qihoo 360 Technology Co LTD)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0516.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by the Indenture. Such Opinion of Counsel shall state that the executions of such supplemental indenture is authorized or permitted by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company Company, enforceable against it in accordance with its terms.

Appears in 3 contracts

Samples: Indenture (TPG Specialty Lending, Inc.), Indenture (Goldman Sachs BDC, Inc.), Indenture (TPG Specialty Lending, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture hereto, and that the supplemental indenture constitutes is the legal, valid and binding obligation of the Company Company, enforceable against it in accordance with its terms.

Appears in 3 contracts

Samples: Indenture (Fiverr International Ltd.), Indenture (CyberArk Software Ltd.), Indenture (Wix.com Ltd.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition The Trustee, subject to the documents required by provisions of Section 17.056.1 and Section 6.2, the Trustee shall may receive an Officer’s Officers' Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsARTICLE IX.

Appears in 3 contracts

Samples: Indenture (Sterling Bancshares Capital Trust Ii), Indenture (Sterling Bancshares Capital Trust Ii), Indenture (Sterling Bancshares Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section ‎Section 17.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article ‎Article 10 and is permitted or authorized by this Indenture and Indenture, that the all conditions precedent to such supplemental indenture have been satisfied and, with respect to such Opinion of Counsel, that such supplemental indenture constitutes the a legal, valid and binding obligation of the Company, enforceable against the Company enforceable in accordance with its terms.

Appears in 3 contracts

Samples: Indenture (Granite Construction Inc), Indenture (Granite Construction Inc), Indenture (Granite Construction Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition The Trustee, subject to the documents required by Section 17.05Sections 9.01 and 9.02 hereof, the Trustee shall receive be provided with and may rely on an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsXIII.

Appears in 3 contracts

Samples: Subordinated Indenture (Great Plains Energy Inc), Subordinated Indenture (Great Plains Energy Inc), Subordinated Indenture (Great Plains Energy Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition The Trustee, subject to the documents required by provisions of Section 17.056.01, the Trustee shall receive be provided with an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsNine.

Appears in 3 contracts

Samples: Subordinated Indenture (Cottonwood Land Co), Indenture (Peabody Energy Corp), Subordinated Indenture (Peabody Energy Corp)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition The Trustee, subject to the documents required by Section 17.05provisions of Sections 6.01 and 6.02, the Trustee shall may receive an Officer’s Certificate Officers' Certificates and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsNine.

Appears in 3 contracts

Samples: Indenture (Countrywide Financial Corp), Indenture (Countrywide Capital Ii), Indenture (Countrywide Capital Ii)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto to this Indenture complies with the requirements of this Article 10 X and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 3 contracts

Samples: Indenture (CompoSecure, Inc.), Purchase Agreement (Quotient LTD), Indenture (Quotient LTD)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive and shall be fully protected in relying upon an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence stating that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 3 contracts

Samples: Indenture (Transocean Inc), Indenture (Transocean Ltd.), Indenture (Transocean Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 11 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 3 contracts

Samples: Indenture (Radioshack Corp), Indenture (Charles River Laboratories International Inc), Indenture (Penson Worldwide Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 3 contracts

Samples: Indenture (Vishay Intertechnology Inc), Indenture (Vishay Intertechnology Inc), Indenture (American Equity Investment Life Holding Co)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable against it in accordance with its terms.

Appears in 3 contracts

Samples: Indenture (Microchip Technology Inc), Indenture (Microchip Technology Inc), Indenture (Microchip Technology Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05bySection 18.07, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 10, is legal, valid, binding and enforceable against the Company, that all conditions precedent for entering into a supplemental indenture have been satisfied and it is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 2 contracts

Samples: Indenture (Canadian Solar Inc.), Indenture (Canadian Solar Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel stating that and as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 2 contracts

Samples: Indenture (Greenlight Capital Re, Ltd.), Indenture (Pandora Media, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0516.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and such Opinion of Counsel shall include a customary legal opinion stating that the such supplemental indenture constitutes is the legal, valid and binding obligation of the Company enforceable in accordance with its termsCompany, subject to customary exceptions and qualifications.

Appears in 2 contracts

Samples: Indenture (Selina Hospitality PLC), Subscription Agreement (BOA Acquisition Corp.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel each stating and as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms.

Appears in 2 contracts

Samples: Indenture (Medallia, Inc.), Indenture (NanoString Technologies Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the such supplemental indenture constitutes the legal, valid and binding obligation of the Company, enforceable against the Company enforceable in accordance with its terms, subject to customary exceptions.

Appears in 2 contracts

Samples: Indenture (Dermira, Inc.), Indenture (Sucampo Pharmaceuticals, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any amendment or supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 2 contracts

Samples: Security Agreement (Eos Energy Enterprises, Inc.), Security Agreement (Eos Energy Enterprises, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section ‎Section 17.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article ‎Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 2 contracts

Samples: Indenture (Indie Semiconductor, Inc.), Indenture (Porch Group, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0517.06, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes it is the legal, valid and binding obligation of the Company Company, enforceable in accordance with its terms.

Appears in 2 contracts

Samples: Indenture (FXCM Inc.), Indenture (Electronic Arts Inc.)

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Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0515.09, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto to this Indenture complies with the requirements of this Article 10 9 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 2 contracts

Samples: Indenture (Savient Pharmaceuticals Inc), Indenture (Savient Pharmaceuticals Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and 10, is permitted or authorized by this Indenture and that the supplemental indenture constitutes is the legal, valid and binding obligation of the Company, enforceable against the Company enforceable in accordance with its terms.

Appears in 2 contracts

Samples: Indenture (Enernoc Inc), Indenture (Pernix Therapeutics Holdings, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0517.07, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 2 contracts

Samples: Indenture (Sandridge Energy Inc), Indenture (Integra Energy, L.L.C.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0520.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 11 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 2 contracts

Samples: Indenture (Alaska Communications Systems Group Inc), Indenture (Alaska Communications Systems Group Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0518.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 2 contracts

Samples: Indenture (PACIFIC GAS & ELECTRIC Co), Indenture (Arrival)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0517.06, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel each stating and as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and is not contrary to law and that the such supplemental indenture constitutes is the legal, valid and binding obligation of the Company Company, enforceable against it in accordance with its terms, subject to customary exceptions.

Appears in 2 contracts

Samples: Indenture (Trina Solar LTD), Indenture (Trina Solar LTD)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition The Trustee, subject to the documents required by Section 17.05provisions of Sections 6.01 and 6.02, the Trustee shall may receive an Officer’s Officers' Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 IX. The Trustee may receive an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant to this Article is authorized or permitted by, and is permitted or authorized by conforms to, the terms of this Indenture Article and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms.it is proper for

Appears in 2 contracts

Samples: Indenture (Firstar Capital Trust I), Indenture (Firstar Corp /Wi/)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0519.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 2 contracts

Samples: Indenture (Orexigen Therapeutics, Inc.), Indenture (Orexigen Therapeutics, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0518.06, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 2 contracts

Samples: Indenture (Avadel Pharmaceuticals PLC), Indenture (Avadel Pharmaceuticals PLC)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0519.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel stating that, and as conclusive evidence that that, any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and 10, is permitted or authorized by this Indenture Indenture, and that the such supplemental indenture constitutes is the legal, valid and binding obligation of the Company and any guarantor party thereto, enforceable against the Company and any guarantor party thereto in accordance with its terms.

Appears in 2 contracts

Samples: Indenture (Gannett Co., Inc.), Indenture (Gannett Co., Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms.. ARTICLE 11

Appears in 2 contracts

Samples: Indenture (Neogenomics Inc), Indenture (Five9, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0517.06, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and 10, is permitted or authorized by this Indenture and that Indenture, is the supplemental indenture constitutes the legal, valid and binding obligation of the Company and enforceable against it in accordance with its terms, and is not contrary to law.

Appears in 2 contracts

Samples: Indenture (Qudian Inc.), Indenture (BEST Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes and, with respect to such Opinion of Counsel is the legal, valid and binding obligation of the Company Company, enforceable against it in accordance with its terms.

Appears in 2 contracts

Samples: Indenture (Vonage Holdings Corp), Indenture (Nii Holdings Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0516.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel each stating that all conditions precedent to the execution of a supplemental indenture have been complied with as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 2 contracts

Samples: Indenture (TCP Capital Corp.), Indenture (TCP Capital Corp.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and such Opinion of Counsel shall include a customary legal opinion stating that the such supplemental indenture constitutes is the legal, valid and binding obligation of the Company enforceable in accordance with its termsand the Guarantors, subject to customary exceptions and qualifications.

Appears in 2 contracts

Samples: Indenture (BigBear.ai Holdings, Inc.), Subscription Agreement (GigCapital4, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0518.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 2 contracts

Samples: Indenture (Electra Battery Materials Corp), Indenture (Acorda Therapeutics Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence stating that any supplemental indenture amendment, supplement or waiver executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 2 contracts

Samples: Supplemental Indenture (Match Group, Inc.), Indenture (Iac/Interactivecorp)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0516.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 2 contracts

Samples: Indenture (Kempharm, Inc), Indenture (Clovis Oncology, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the such supplemental indenture constitutes is the legal, valid and binding obligation of the Company enforceable against it in accordance with its terms.

Appears in 2 contracts

Samples: Indenture (Solazyme Inc), Indenture (Solazyme Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0520.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and 11, is permitted or authorized by this the Indenture and that the such supplemental indenture constitutes is the legal, valid and binding obligation of the Company, enforceable against the Company enforceable in accordance with its terms.

Appears in 2 contracts

Samples: Indenture (Northwest Biotherapeutics Inc), Indenture (Ariad Pharmaceuticals Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, upon its request, the Trustee shall receive an Officer’s Officers' Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms11.

Appears in 2 contracts

Samples: Indenture (Lifepoint Hospitals, Inc.), Indenture (Lifepoint Hospitals, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive receive, and shall be fully protected in conclusively relying upon, an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the such supplemental indenture constitutes is the legal, valid and binding obligation of the Company, enforceable against the Company enforceable in accordance with its terms.

Appears in 2 contracts

Samples: Indenture (Avid Technology, Inc.), Indenture (Avid Technology, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section ‎Section 17.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence stating that any supplemental indenture amendment, supplement or waiver executed pursuant hereto complies with the requirements of this Article ‎Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 2 contracts

Samples: Supplemental Indenture (Match Group, Inc.), Supplemental Indenture (Match Group, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0518.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 11 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 2 contracts

Samples: Indenture (Synnex Corp), Indenture (Affiliated Managers Group Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms, subject to customary bankruptcy exceptions for opinions of this type.

Appears in 2 contracts

Samples: Indenture (Palo Alto Networks Inc), Indenture (Palo Alto Networks Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0511.05 of the Base Indenture, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 8 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 1 contract

Samples: First Supplemental Indenture (Bottomline Technologies Inc /De/)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture Indenture, that all conditions precedent have been satisfied and complied with and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable against the Company in accordance with its terms, subject to applicable conditions and assumptions.

Appears in 1 contract

Samples: Indenture (CorEnergy Infrastructure Trust, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and 10, is permitted or authorized by this Indenture and that the supplemental indenture constitutes is the legal, valid and binding obligation of the Company Company, enforceable against it in accordance with its terms.

Appears in 1 contract

Samples: Indenture (Medidata Solutions, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0517.06, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and with respect to such Opinion of Counsel, that the such supplemental indenture constitutes is the legal, valid and binding obligation of the Company enforceable in accordance with its terms, subject to customary exceptions and qualifications.

Appears in 1 contract

Samples: Indenture (NIO Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture Indenture, and that the supplemental indenture constitutes is the legal, valid and binding obligation of the Company Company, enforceable in accordance with its terms.. ARTICLE 11 CONSOLIDATION,

Appears in 1 contract

Samples: Indenture (Scorpio Tankers Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the The Trustee shall receive an Officer’s Officers' Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 1 contract

Samples: Indenture (Healthways, Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section ‎Section 17.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article ‎Article 10 and is permitted or authorized by this Indenture and that the such supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsCompany, subject to customary exceptions and qualifications.

Appears in 1 contract

Samples: Indenture (Paratek Pharmaceuticals, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the The Trustee shall be entitled to receive an Officer’s Certificate and an Opinion of Counsel Counse l as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms.

Appears in 1 contract

Samples: Indenture

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0515.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms9.

Appears in 1 contract

Samples: Indenture (Network Equipment Technologies Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0519.05, the Trustee and the Collateral Agent shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture or any amendment or supplement to any Notes Document executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms.

Appears in 1 contract

Samples: Indenture (Accelerate Diagnostics, Inc)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and Indenture. The Trustee shall also receive an Opinion of Counsel that the supplemental indenture constitutes the is a legal, valid and binding obligation of the Company enforceable against the Company in accordance with its terms.

Appears in 1 contract

Samples: Indenture (Avalara, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s 's Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsIndenture.

Appears in 1 contract

Samples: Indenture (Servicesource International, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and such Opinion of Counsel shall provide that the supplemental indenture constitutes is the legal, valid and binding obligation of the Company, enforceable against the Company enforceable in accordance with its terms, subject to customary exceptions and qualifications as to the matters set forth therein.

Appears in 1 contract

Samples: Indenture (Monster Worldwide, Inc.)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.05, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant hereto complies with the requirements of this Article 10 and is permitted or authorized by this Indenture and that the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms11.

Appears in 1 contract

Samples: Indenture (Encore Capital Group Inc)

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