Evidence to Be Given to Trustee. No consolidation, merger, sale, conveyance, transfer or lease pursuant to this Article XI shall be effective unless the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or lease and any such assumption and, if a supplemental indenture is required in connection with such transaction, such supplemental indenture, complies with the provisions of this Article XI.
Appears in 8 contracts
Samples: Indenture (Encore Capital Group Inc), Indenture (Encore Capital Group Inc), Indenture (HCI Group, Inc.)
Evidence to Be Given to Trustee. No consolidation, merger, sale, conveyance, transfer or lease pursuant to this Article XI shall be effective unless the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or lease and any such assumption and, if a supplemental indenture is required in connection with such transaction, such supplemental indenture, complies with the provisions of this Article XI.
Appears in 5 contracts
Samples: Third Supplemental Indenture (Resource Capital Corp.), Second Supplemental Indenture (Resource Capital Corp.), First Supplemental Indenture (Resource Capital Corp.)
Evidence to Be Given to Trustee. No consolidation, merger, sale, conveyance, transfer or lease pursuant to this Article XI shall be effective unless the Trustee shall receive an Opinion of Counsel and an Officer’s Certificate and an Opinion of Counsel as conclusive evidence to the effect that any such consolidation, merger, sale, conveyance, transfer or lease and any such assumption and, if a supplemental indenture is required in connection with such transaction, such supplemental indenture, transaction complies with the provisions of this Article XI.
Appears in 4 contracts
Samples: Indenture (Infinera Corp), Indenture (INFINERA Corp), Indenture (Infinera Corp)
Evidence to Be Given to Trustee. No consolidation, merger, sale, conveyance, transfer or lease lease, pursuant to this Article XI which the Company is not the surviving or transferee Person, shall be effective unless the Trustee shall receive an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or lease and any such assumption and, if a supplemental indenture is required in connection with such transaction, such supplemental indenture, complies with the provisions of this Article XI.
Appears in 1 contract
