Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 119 contracts
Samples: Junior Subordinated Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Ameris Bancorp)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ ' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s 's own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 67 contracts
Samples: Junior Subordinated Indenture (Kingsway Financial Services Inc), Junior Subordinated Indenture (Bresler & Reiner Inc), Junior Subordinated Indenture (Georgia Bancshares Inc//)
Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications modification thereby of the trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and subject to Sections 6.01 and 6.02, shall be fully protected in conclusively relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent herein provided for relating in this Indenture to the execution and delivery of such action supplemental indenture have been complied withsatisfied. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s own rights, duties, indemnities liabilities or immunities under this Indenture or otherwise. Copies Any supplemental indenture that affects the Owner Trustee’s rights, duties, liabilities or immunities under this Indenture or otherwise shall require the written consent of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Owner Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 34 contracts
Samples: Indenture (Mercedes-Benz Auto Receivables Trust 2024-1), Indenture (Mercedes-Benz Auto Receivables Trust 2024-1), Indenture (Mercedes-Benz Auto Receivables Trust 2023-2)
Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications modification thereby of the trusts created by this Indenture, the Indenture Trustee and the Owner Trustee shall be entitled to receivereceive upon request therefor and (in the case of the case of the Indenture Trustee, subject to Sections 6.01 and 6.02) shall be fully protected in conclusively relying upon, an Officers’ Certificate and an Opinion of Counsel from external counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. No amendment or modification of this Indenture which adversely affects the Owner Trustee shall be effective without its prior written consent. The Indenture Trustee and the Owner Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s or the Owner Trustee’s, as applicable, own rights, duties, indemnities liabilities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 30 contracts
Samples: Indenture (Nissan Auto Receivables 2024-B Owner Trust), Indenture (Nissan Auto Receivables 2024-B Owner Trust), Indenture (Nissan Auto Receivables 2024-a Owner Trust)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 29 contracts
Samples: Indenture (Novastar Financial Inc), Indenture (Novastar Financial Inc), Indenture (Novastar Financial Inc)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, Holder promptly after the execution thereof.
Appears in 19 contracts
Samples: Junior Subordinated Indenture (Validus Holdings LTD), Junior Subordinated Indenture (Beazer Homes Usa Inc), Indenture (Anthracite Capital Inc)
Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article IX 9 or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 7.01) shall be fully protected in conclusively relying upon, an Officers’ Certificate in addition to the documents required by Sections 11.04 and 11.05, an Opinion of Counsel and an Officers’ Certificate, each stating that the execution of such supplemental indenture is authorized or permitted by this IndentureIndenture and is a legal, valid and that all conditions precedent herein provided for relating binding obligation of each of the Company and Parent, enforceable against it in accordance with its terms. Subject to the preceding sentence, the Trustee shall sign such action have been complied withsupplemental indenture if the same does not adversely affect the Trustee’s own rights, duties or immunities under this Indenture or otherwise. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that adversely affects the Trustee’s own rights, duties, indemnities duties or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 7 contracts
Samples: Indenture (Seagate Technology PLC), Indenture (Seagate Technology PLC), Indenture (Seagate Technology PLC)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 7 contracts
Samples: Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Morgans Hotel Group Co.)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ ' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s 's own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, Holder promptly after the execution thereof.
Appears in 4 contracts
Samples: Indenture (Meadowbrook Insurance Group Inc), Junior Subordinated Indenture (Validus Holdings LTD), Indenture (Anthracite Capital Inc)
Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article IX 9 or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 7.01) shall be fully protected in conclusively relying upon, an Officers’ Certificate in addition to the documents required by Sections 11.04 and 11.05, an Opinion of Counsel and an Officers’ Certificate, each stating that the execution of such supplemental indenture is authorized or permitted by this IndentureIndenture and is a legal, valid and that all conditions precedent herein provided for relating binding obligation of each of the Company and Parent, enforceable against it in accordance with its terms. Subject to the preceding sentence, the Trustee shall sign such action have been complied withsupplemental indenture if the same does not adversely affect the Trustee’ s own rights, duties or immunities under this Indenture or otherwise. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that adversely affects the Trustee’s ’ s own rights, duties, indemnities duties or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 4 contracts
Execution of Supplemental Indentures. Upon the written request of the Company, accompanied by a Board Resolution authorizing the execution of any supplemental indenture, the Act of Holders described in Section 9.02, if applicable, and the documents described in this Section 9.03, the Trustee shall join with the Company in the execution of any supplemental indenture authorized or permitted by the terms of this Article IX, but the Trustee shall not be obligated to enter into any such supplemental indenture which affects its own rights, duties or immunities under this Indenture or otherwise. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.01) shall be fully protected in conclusively relying upon, an Officers’ Officer’s Certificate and an Opinion of Counsel each stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent herein provided for relating and in the Securities to such action execution have been complied withsatisfied. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, indemnities duties or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 4 contracts
Samples: Indenture (Braskem Finance LTD), Indenture (Braskem Finance LTD), Indenture (Braskem Finance LTD)
Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications modification thereby of the trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and subject to Sections 6.01 and 6.02, shall be fully protected in conclusively relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent herein provided for relating to such action have been complied withmet and any such reliance shall be binding upon the Holders of all Notes, whether theretofore or thereafter authenticated and delivered hereunder. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s 's own rights, duties, indemnities liabilities or immunities under this Indenture or otherwise. Copies The Indenture Trustee shall provide a fully executed copy of the final form of each any supplemental indenture shall be delivered by the Trustee at the expense of the Company indentures to this Indenture to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereofRating Agency.
Appears in 4 contracts
Samples: Indenture (Morgan Stanley Auto Loan Trust 2004-Hb1), Indenture (Morgan Stanley Auto Loan Trust 2004-Hb2), Indenture (Goldman Sachs Asset Backed Securities Corp)
Execution of Supplemental Indentures. In executing Except with respect to any supplemental indenture entered into on the date of execution and delivery of this Indenture, in executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article IX VIII or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 5.01) shall be fully protected in conclusively relying upon, an Officers’ Certificate and in addition to the documents required by Section 1.02, an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture. Upon request of the Company and, and that all conditions precedent herein provided for relating to in the case of Section 8.02, upon filing with the Trustee of evidence of an Act of Holders as aforementioned, the Trustee shall join with the Company in the execution of such action have been complied with. The supplemental indenture unless such supplemental indenture affects the Trustee’s own rights, powers, trusts, duties or immunities under this Indenture or otherwise, in which case the Trustee maymay in its discretion, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereofindenture.
Appears in 3 contracts
Samples: Indenture (Keysight Technologies, Inc.), Indenture (Keysight Technologies, Inc.), Indenture (Keysight Technologies, Inc.)
Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and and, subject to Section 601, shall be fully protected in conclusively relying upon, an Officers’ Certificate and in addition to the documents required by Section 102, an Opinion of Counsel or an Officer’s Certificate stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent herein provided for relating in this Indenture to the execution of such action supplemental indenture, if any, have been complied with; provided, however, that no such Opinion of Counsel or Officer’s Certificate shall be required in the case of any supplemental indenture executed and delivered concurrently with the original execution and delivery of this Indenture. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that which affects the Trustee’s own rights, duties, indemnities duties or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 3 contracts
Samples: Indenture (Ares Management Corp), Indenture (Ares Management Lp), Indenture (Ares Management Lp)
Execution of Supplemental Indentures. Upon receipt of the documents described in this Section 9.03, the Trustee shall join with the Company in the execution of any supplemental indenture authorized or permitted by the terms of this Article IX, but the Trustee shall not be obligated to enter into any such supplemental indenture which affects its own rights, duties or immunities under this Indenture or otherwise. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.01) shall be fully protected in conclusively relying upon, an Officers’ Officer’s Certificate and an Opinion of Counsel each stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent herein provided for relating and in the Securities to such action execution have been complied withsatisfied. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, indemnities duties or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 3 contracts
Samples: Indenture (Fibria Overseas Finance Ltd.), Indenture (Fibria Celulose S.A.), Indenture (Fibria Celulose S.A.)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article ARTICLE IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ ' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s 's own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Uici), Junior Subordinated Indenture (Bankatlantic Bancorp Inc), Junior Subordinated Indenture (Bankatlantic Bancorp Inc)
Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications modification thereby of the trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and subject to Sections 6.01 and 6.02, shall be fully protected in conclusively relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent herein provided for relating to such action have been complied withmet and any such reliance shall be binding upon the Holders of all Notes, whether theretofore or thereafter authenticated and delivered hereunder. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s 's own rights, duties, indemnities liabilities or immunities under this Indenture or otherwise. Copies The Administrator shall provide a fully executed copy of the final form of each any supplemental indenture shall be delivered by the Trustee at the expense of the Company indentures to this Indenture to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereofRating Agency.
Appears in 3 contracts
Samples: Indenture (Regions Acceptance LLC Regions Auto Receivables Tr 2003-2), Indenture (Regions Auto Receivables Trust 2003-1), Indenture (Regions Auto Receivables Trust 2002-1)
Execution of Supplemental Indentures. In executing As a condition to executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts trust created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 315 of the Trust Indenture Act) shall be fully protected in conclusively relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and an Officer’s Certificate and Guarantor’s Officer’s Certificate stating that all conditions precedent herein provided for relating to the execution of such action supplemental indenture have been complied withfulfilled. The Upon receipt of such opinion and certificates, the Trustee mayshall join with the Company and the Guarantor in the execution of such supplemental indenture unless such supplemental indenture affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its discretion, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereofindenture.
Appears in 3 contracts
Samples: Indenture (Assured Guaranty US Holdings Inc.), Indenture (Assured Guaranty US Holdings Inc.), Indenture (Assured Guaranty LTD)
Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee for any series of Debt Securities shall be entitled to receive, and (subject to Section 601) shall be fully protected in conclusively relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, that it is not inconsistent herewith and that all conditions precedent herein provided for relating such supplemental indenture has been duly authorized, executed and delivered by the Company and that, subject to such action have been complied withstandard exceptions, it will be valid and binding upon the Company and enforceable against the Company in accordance with its terms. The Trustee for any series of Debt Securities may, but shall not be obligated to, enter into any such supplemental indenture that which affects the such Trustee’s 's own rights, dutiesliabilities, indemnities duties or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 2 contracts
Samples: Indenture (Chiquita Brands International Inc), Indenture (Chiquita Brands International Inc)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX Section 8 or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Sections 6.1 and 6.3) shall be fully protected in conclusively relying upon, an Officers’ Certificate and in good faith upon an Opinion of Counsel Counsel, stating that the execution of such supplemental indenture is authorized authorized, or permitted by this Indenture, Indenture and that all conditions precedent herein provided for relating to such action thereto have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that which affects the Trustee’s own rights, duties, duties or indemnities or immunities under this Indenture or otherwise. Copies Such supplemental indenture will not be binding on the Collateral Manager to the extent that it reduces the rights or increases the obligations of the final form of each Collateral Manager, unless such supplemental indenture shall be delivered is consented to in writing by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereofCollateral Manager.
Appears in 2 contracts
Samples: Indenture (Northstar Realty), Indenture (Northstar Realty)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ Certificate and an Opinion of Counsel of the Company stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Mills Corp), Junior Subordinated Indenture (Capitalsource Inc)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ ' Certificate and an Opinion of Counsel of the Company stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s 's own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (MortgageIT Holdings, Inc.), Junior Subordinated Indenture (Windrose Medical Properties Trust)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such [TPW: NYLEGAL:665375.4] 20965-00009 07/19/2007 07:27 PM supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 2 contracts
Samples: Trust Agreement (Independent Bank Corp /Mi/), Junior Subordinated Indenture (Independent Bank Corp /Mi/)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article ARTICLE IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ ' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s 's own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the 53 Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Uici)
Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 601) shall be fully protected in conclusively relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture. Upon the request of the Company and the Guarantor, accompanied in each case by a copy of a Board Resolution, or of an appropriate record of action taken pursuant to a Board Resolution, authorizing the execution of any such supplemental indenture, and upon the filing with the Trustee of evidence of the consent of the Holders of Securities, as aforesaid, the Trustee shall join with the Company and the Guarantor in the execution of such supplemental indenture; provided, however, that all conditions precedent herein provided for relating to such action have been complied with. The the Trustee may, but shall not be obligated to, enter into any such supplemental indenture that which affects the Trustee’s 's own rights, duties, indemnities duties or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereofSECTION 904.
Appears in 1 contract
Samples: Indenture (Amoco Corp)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ ' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s 's own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 1 contract
Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee and the Co-Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this IndentureIndenture and, with regard to any Opinion of Counsel, that such supplemental indenture is the valid and binding obligation of the Company, and that all conditions precedent herein provided for relating to any guarantor, as applicable, enforceable against the Company or any such action have been complied withguarantor in accordance with its terms. The Trustee and the Co-Trustee shall sign any supplemental indenture authorized pursuant to this Article VIII; however, the Trustee may, but shall not be obligated to, enter into any such supplemental indenture that which affects the Trustee’s and the Co-Trustee’s own rights, duties, indemnities duties or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 1 contract
Samples: Indenture (CI Financial Corp.)
Execution of Supplemental Indentures. In executing or accepting the additional trusts trusts-created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
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Samples: Junior Subordinated Indenture (Novastar Financial Inc)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ ' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s 's own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
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Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by any supplemental indenture permitted by this Article IX X or the modifications modification thereby --------- of the trusts created by this Indenture, the Trustee Indenture Trustee, the Paying Agent, the Authentication Agent and the Transfer Agent and Registrar shall be entitled to receive, and subject to Section 6.01, shall be fully protected in conclusively relying uponon, an Officers’ Certificate and an Opinion of Counsel ------------- stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent herein provided for relating to such action precedent, if any, have been complied withsatisfied. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s 's own rights, duties, indemnities liabilities or immunities under this Indenture or otherwise. Copies of The Paying Agent, the final form of each Authentication Agent and the Transfer Agent and Registrar, as the case may be, may, but shall not be obligated to, enter into any such supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holderthat affects their respective rights, andduties, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereofliabilities or immunities under this Indenture or otherwise.
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Samples: Master Indenture (Levi Strauss & Co)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.2) shall be fully protected in conclusively relying upon, an Officers’ ' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s 's own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Hanover Capital Mortgage Holdings Inc)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, Holder promptly after the execution thereof.
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Samples: Junior Subordinated Supplemental Indenture (BRT Realty Trust)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ ' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s 's own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.,
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Samples: Junior Subordinated Indenture (Local Financial Corp /Nv)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby ---------- of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ ' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s 's own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 1 contract
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company and Reading NZ to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Reading International Inc)
Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied withwith and that this Indenture is valid, binding and enforceable against the Company in accordance with the terms of this Indenture. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, liabilities, indemnities or immunities under this Indenture or otherwise. Copies of the final form of each supplemental indenture shall be delivered by the Trustee at the expense of the Company to each Holder, and, if the Trustee is the Property Trustee, to each holder of Preferred Securities, promptly after the execution thereof.
Appears in 1 contract
Samples: Indenture (RAIT Financial Trust)