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 72 contracts

Samples: Indenture (Box Inc), Indenture (MKS Instruments Inc), Indenture (Snap Inc)

AutoNDA by SimpleDocs

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.), World Wrestling (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 21 contracts

Samples: Indenture (Avid Bioservices, Inc.), Indenture (Evolent Health, Inc.), Indenture (Western Digital 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 termsCompany, subject to customary exceptions and qualifications.

Appears in 19 contracts

Samples: Indenture (Alnylam Pharmaceuticals, Inc.), Convertible Note Subscription Agreement (L&F Acquisition Corp.), Backstop Agreement (KORE Group Holdings, 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 8.1 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 (Alkermes Inc), Indenture (Alkermes Inc), Securities Purchase Agreement (System Software Associates 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.), First Supplemental Indenture (GSV Capital Corp.), 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 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: Microchip Technology Incorporated (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 17.05, 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.), First Supplemental Indenture (Invacare Corp), First Supplemental Indenture (Invacare 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 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 (Webster Financial Corp), Indenture (Bank of Boston Corp), Indenture (Citicorp)

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 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 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 (Berkley W R Capital Trust), Indenture (Sovereign Bancorp 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: Note Purchase Agreement (NantHealth, Inc.), Indenture (Teladoc, Inc.), Pacira BioSciences, 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. 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 9 contracts

Samples: Indenture (Zillow Group, Inc.), Indenture (Zillow Group, Inc.), Redfin 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 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: Microstrategy Incorporated (MICROSTRATEGY Inc), Microstrategy Incorporated (MICROSTRATEGY Inc), Microstrategy Incorporated (MICROSTRATEGY 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 it in accordance with its terms.

Appears in 6 contracts

Samples: Indenture (Ziff Davis, Inc.), Indenture (Etsy Inc), Indenture (J2 Global, 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 (Madison Bancshares Group LTD), Indenture (New South Capital Trust I), Indenture (Vesta Insurance Group 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 (Independent Capital Trust Ii), Indenture (East West Bancorp Capital Trust I), R&g Financial Corp

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: L 3 Communications Corp, Kerr McGee Corp /De, 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.), Wolfspeed, Inc., Repay Holdings Corp

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition The Trustee shall be furnished with and, subject to the documents required by Section 17.05provisions of Sections 7.1 and 7.2, the Trustee shall receive may rely 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 supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms.X.

Appears in 5 contracts

Samples: Indenture (Netbank Inc), Indenture (Netbank Inc), Indenture (Adaptec 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 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 Section 17.05provisions of Sections 8.01 and 8.02, 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 termsEleven.

Appears in 5 contracts

Samples: Indenture (J P Morgan Chase & Co), Second Supplemental Indenture (Cooper Industries LTD), Supplemental Indenture (Baltimore Gas & Electric Co)

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 (Ml Bancorp Inc), Indenture (Independent Capital Trust I), NGC 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 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: 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 (Countrywide Financial Corp), Indenture (Countrywide Home Loans Inc), Countrywide Home Loans 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 4 contracts

Samples: Indenture (Upstart Holdings, Inc.), Indenture (Upstart Holdings, Inc.), Indenture (Century Aluminum Co)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition to the documents required by Section 17.0517.05 and Section 17.06, the Trustee shall receive an Officer’s Officers’ Certificate and an Opinion of Counsel that the Trustee shall be fully protected in relying upon 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 the Indenture and that is the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable against the Company in accordance with its terms, subject to usual and customary limitations and qualifications for such an opinion.

Appears in 4 contracts

Samples: Indenture (Medicines Co /De), Indenture (Medicines Co /De), Indenture (Medicines Co /De)

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 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), Baltimore Gas and Electric Company (Atlantic City Electric Co), Consolidation, Merger and Sale (Baltimore Gas & Electric Co)

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: Kellstrom Industries Inc, Atlantic Coast Airlines Inc, Whole Foods Market 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 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 3 contracts

Samples: Indenture (Bill.com Holdings, Inc.), Indenture (Upwork, Inc), Indenture (Bill.com 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, in addition to the documents document required by Section 17.051.07, 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 termsIX.

Appears in 3 contracts

Samples: Indenture (Continental Airlines Finance Trust Iii), Newfield Exploration Co /De/, 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 17.05Sections 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: Indenture (Great Plains Energy Inc), Indenture (Great Plains Energy Inc), 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 17.056.1 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 Inc), Sterling Bancshares Capital Trust Ii, Sterling Bancshares Capital Trust Ii

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: Granite Construction Incorporated and Wilmington Trust (Granite Construction Inc), Granite Construction Incorporated and Wilmington Trust (Granite Construction Inc), Granite Construction Incorporated and Wilmington Trust (Granite Construction 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 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 17.0516.05, 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 terms.Indenture. ARTICLE XI

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 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), Transocean Inc, Transocean 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 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: Microchip Technology Incorporated (Microchip Technology Inc), Microchip Technology Incorporated (Microchip Technology Inc), Microchip Technology Incorporated (Microchip Technology 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 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 17.0517.06, 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 17.0519.05, 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 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), Sandisk Corp, Sandisk 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 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 ‎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 17.05, 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 (Penson Worldwide Inc), Indenture (Radioshack Corp), Charles River Laboratories International 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 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.Nine. ARTICLE TEN

Appears in 3 contracts

Samples: Indenture (Unifi Inc), Indenture (Nb Capital Trust I), Indenture (Nb 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 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 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. ARTICLE TEN.

Appears in 2 contracts

Samples: Masco Corp /De/, Masco Corp /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 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 17.0518.05, 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 (Affiliated Managers Group Inc), Synnex 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 7.1 and 7.2, 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 terms.X.

Appears in 2 contracts

Samples: Indenture (Flowers Industries Inc /Ga), Indenture (Flowers Industries Inc /Ga)

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 17.0519.05, 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 17.0518.05, 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: Supplemental Indenture (PACIFIC GAS & ELECTRIC Co), And (Arrival)

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 Consolidation, Merger, Sale, Conveyance and Lease

Appears in 2 contracts

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

AutoNDA by SimpleDocs

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 ‎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 17.0517.06, 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.)

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: Eos Energy Enterprises, Inc., Eos Energy Enterprises, Inc.

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 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 terms.Indenture. 49

Appears in 2 contracts

Samples: Indenture (Vishay Intertechnology Inc), Indenture (Vishay Intertechnology 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 The Trustee, subject to the documents required by provisions of Section 17.058.01, the Trustee shall may receive an Officer’s Officers' Certificate and an Opinion of Counsel both conforming to Section 15.04 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. ARTICLE TWELVE.

Appears in 2 contracts

Samples: Acclaim Entertainment Inc, Trans Lux 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 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 terms.Indenture. ARTICLE XI

Appears in 2 contracts

Samples: Purchase Agreement (Quotient LTD), Quotient LTD

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 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 2 contracts

Samples: Indenture (Bank of America Corp /De/), Indenture (Bank of America Corp /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 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 17.05, 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 The Trustee shall be furnished with and, subject to the documents required by Section 17.05provisions of Sections 8.1 and 8.2, the Trustee shall receive may rely 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 supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its termsXI.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Softkey International Inc), Securities Purchase Agreement (Tribune Co)

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition The Trustee, subject to the documents required by provisions of Sections 7.1 and Section 17.057.2, the Trustee shall may 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 terms10.

Appears in 2 contracts

Samples: Indenture (SM Energy Co), Indenture (SM Energy Co)

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

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.), TCP Capital 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 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 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), Nii Holdings 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 The Trustee, subject to the documents required by Section 17.05provisions of Sections 7.01 and 7.02, 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 termsTen.

Appears in 2 contracts

Samples: Indenture (Pico Holdings Inc /New), Article Twelve (Zenith Electronics 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 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 The Trustee, subject to the documents required by Section 17.05provisions of Sections 6.01 and 6.02, the Trustee may require delivery to it, and shall receive be protected from liability in 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 supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms9.

Appears in 2 contracts

Samples: Indenture (Symetra Financial CORP), Indenture (Symetra Financial CORP)

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: 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 17.0518.06, 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 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 terms.Nine. ARTICLE TEN

Appears in 2 contracts

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

Evidence of Compliance of Supplemental Indenture to Be Furnished Trustee. In addition The Trustee, subject to the documents required by Section 17.059.01, 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 termsThirteen.

Appears in 2 contracts

Samples: Indenture (Madison Gas & Electric Co), Madison Gas & Electric Co

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 2 contracts

Samples: 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 17.05, 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.. ARTICLE XI

Appears in 2 contracts

Samples: Fiverr International Ltd., CyberArk Software 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 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: Subscription Agreement (BOA Acquisition Corp.), Selina Hospitality PLC

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 17.05, 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), Pernix Therapeutics Holdings, 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 (Five9, Inc.), Neogenomics 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 termsand the Guarantors, subject to customary exceptions and qualifications.

Appears in 2 contracts

Samples: Subscription Agreement (GigCapital4, Inc.), BigBear.ai Holdings, 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 7.02, the Trustee shall receive receive, and shall be fully protected in relying upon, 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 Eleven and is authorized and 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. ARTICLE TWELVE.

Appears in 2 contracts

Samples: Indenture (Johnson Controls Inc), Indenture (Morton International Inc /In/)

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.), Blackrock Inc /Ny

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, 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 1 contract

Samples: Indenture (Zscaler, 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: Healthways, 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 Indenture, is the supplemental indenture constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms., subject to customary assumptions, qualifications and exceptions. ​

Appears in 1 contract

Samples: Indenture (21Vianet Group, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!