Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer of the Company may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations with respect to the matters upon which such officer's certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company stating that the information with respect to such factual matters is in the possession of the Company. Any certificate or opinion of counsel may be stated to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinions. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 8 contracts
Samples: Indenture (Uhc Capital I), Indenture (Olympic Financial LTD), Indenture (Olympic Financial LTD)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or the Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer or the Guarantor, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 8 contracts
Samples: Indenture (Reckson Operating Partnership Lp), Indenture (Reckson Associates Realty Corp), Indenture (Reckson Operating Partnership Lp)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuers may be based, insofar as it relates to legal matters, upon a certificate or opinion ofan Opinion of Counsel, or representations byprovided that such officer, counselafter reasonable inquiry, unless such officer knows, or in the exercise of reasonable care should know, has no reason to believe and does not believe that the certificate, opinion or representations Opinion of Counsel with respect to the matters upon which such officer's his certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuers stating that the information with respect to such factual matters is in the possession of the Company. Any Issuers, provided that such counsel, after reasonable inquiry, has no reason to believe and does not believe that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 8 contracts
Samples: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Personperson, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Personperson, or that they be so certified or covered by only one document, but one such Person person may certify or give an opinion with respect to some matters and one or more other such Persons persons as to other matters, and any such Person person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or any Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel opinion may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or any Guarantor stating that the information with respect to such factual matters is in the possession of the Company. Any Company or any Guarantor, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated consolidated, with proper identification of each matter covered therein, and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 8 contracts
Samples: Indenture (Blue Bird Corp), Indenture (Saks Inc), Indenture (McRaes Stores Partnership)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Guarantor or the Company, as applicable, may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Guarantor or the Company, as applicable, stating that the information with respect to such factual matters is in the possession of the Guarantor or the Company. Any , as applicable, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 6 contracts
Samples: Indenture (Apache Corp), Indenture (Apache Corp), Indenture (Apache Corp)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Operating Partnership or any Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations Opinion of Counsel with respect to the matters upon which such officer's his certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Operating Partnership or any Guarantor, a governmental official or officers or any other Person or Persons, stating that the information with respect to such factual matters is in the possession of the Company. Any certificate Operating Partnership or any Guarantor, as applicable, unless counsel rendering the Opinion of Counsel knows, or in the exercise of reasonable care should know, that the certificate, opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 6 contracts
Samples: Indenture (American Homes 4 Rent, L.P.), Indenture (Dupont Fabros Technology, Inc.), Indenture (Rhino Equity LLC)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or a Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Company, a Guarantor, a governmental official or officers or any other Person or Persons stating that the information with respect to such factual matters is in the possession of the Company. Any certificate Company or such Guarantor, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate, opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 6 contracts
Samples: Indenture (KKR Financial Holdings IV, LLC), Indenture (KKR Financial Holdings IV, LLC), Indenture (Brandwein a & Co)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or any Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations Opinion of Counsel with respect to the matters upon which such officer's his certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or any Guarantor, a governmental official or officers or any other Person or Persons, stating that the information with respect to such factual matters is in the possession of the Company. Any certificate Company or any Guarantor, as applicable, unless counsel rendering the Opinion of Counsel knows, or in the exercise of reasonable care should know, that the certificate, opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 6 contracts
Samples: Indenture (Apple Hospitality REIT, Inc.), Indenture (Apple Hospitality REIT, Inc.), Indenture (Apple Hospitality REIT, Inc.)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Operating Partnership or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations Opinion of Counsel with respect to the matters upon which such officer's his certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Operating Partnership or the Guarantor, a governmental official or officers or any other Person or Persons, stating that the information with respect to such factual matters is in the possession of the Company. Any certificate Operating Partnership or the Guarantor unless counsel rendering the Opinion of Counsel knows, or in the exercise of reasonable care should know, that the certificate, opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 5 contracts
Samples: Indenture (Corporate Office Properties, L.P.), Indenture (Corporate Office Properties, L.P.), Indenture (Corporate Office Properties, L.P.)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or Guarantor, if applicable, may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his or her certificate or opinion is based are erroneous. Any such certificate or Opinion opinion of Counsel counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or Guarantor, if applicable, stating that the information with respect to such factual matters is in the possession of the CompanyCompany or Guarantor, if applicable, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion or representations with respect to such matters are erroneous. Any certificate or opinion of an officer of the Company or Guarantor, if applicable, or of counsel may be stated based, insofar as it relates to be based on accounting matters, upon a certificate or opinion of or representations by an accountant or firm of accountants employed or retained by the certificates Company or Guarantor, if applicable, unless such officer or counsel, as the case may be, knows, or in the exercise of reasonable care should know, that the certificate or opinions of other counsel, in which event it shall be accompanied by a copy of or representations as to such other certificates or opinionsaccounting matters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 5 contracts
Samples: Indenture (Forest Oil Corp), Indenture (Forest Oil Corp), Indenture (Euronet Worldwide Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or any Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or such Guarantor stating that the information with respect to such factual matters is in the possession of the Company. Any Company or such Guarantor, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 4 contracts
Samples: Guarantee Agreement (Tyco International LTD /Ber/), First Supplemental Indenture (Tyco International LTD /Ber/), Guarantee Agreement (Tyco International LTD /Ber/)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, or, insofar as it relates to accounting matters, upon a certificate or opinion of, or representations by, independent public accountants, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company stating that the information with respect to such factual matters is in the possession of the Company. Any , unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 4 contracts
Samples: Indenture (Meritor, Inc. (Nev)), Indenture (Meritor Electric Vehicles, LLC), Indenture (Maremont Exhaust Products, Inc.)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer of the Company an Officer may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, Officer actually knows that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer Officer or officers Officers of the Company Issuer stating that the information with respect to such factual matters is in the possession of the CompanyIssuer, unless such counsel actually knows that the certificate or opinion or representations with respect to such matters are erroneous. Any certificate, statement or opinion of an Officer of the Issuer or of counsel may be based, insofar as it relates to accounting matters, upon a certificate or opinion of counsel may be stated to be based on or representations by an accountant or firm of accountants in the certificates employ of the Issuer, unless such Officer or opinions of other counsel, in as the case may be, actually knows that the certificate or opinion or representations with respect to the accounting matters upon which event it shall be accompanied by a copy of such other certificates his or opinionsher certificate, statement or opinion is based are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 4 contracts
Samples: Senior Debt Indenture (Cnooc LTD), Subordinated Debt Indenture (Nexen Inc), Senior Debt Indenture (Nexen Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or a Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsellegal advisors, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel opinion of, or representations by, legal advisors may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or a Guarantor stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer or such Guarantor unless such legal advisors know, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representation with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters is erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 4 contracts
Samples: Indenture (Marconi Corp PLC), Indenture (Marconi Corp PLC), Indenture (Marconi Corp PLC)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer may be based, insofar as it relates to legal matters, upon an Opinion of Counsel, or a certificate or opinion of, or representations by, by counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion certificate or representations or Opinion of Counsel with respect to the matters upon which such officer's his or her certificate or opinion is based are erroneous. Any such certificate or representation or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 3 contracts
Samples: Indenture (Bankatlantic Bancorp Inc), Indenture (Investorsbancorp Inc), Indenture (Matrix Bancorp Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion opinion of Counsel counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or of the Guarantor stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer or of the Guarantor, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 3 contracts
Samples: Indenture (Regency Centers Corp), Indenture (Regency Centers Lp), Indenture (Regency Centers Lp)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or the Guarantors may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or the Guarantors stating that the information with respect to such factual matters is in the possession of the Company. Any Company or the Guarantors, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 3 contracts
Samples: Indenture (Gb Property Funding Corp), Indenture (Gb Holdings Inc), Indenture (Gb Property Funding Corp)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or a Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or such Guarantor, a governmental official or officers or any other Person or Persons, stating that the information with respect to such factual matters is in the possession of the Company. Any certificate Company or such Guarantor unless such counsel knows, or in the exercise of reasonable care should know, that the certificate, opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 3 contracts
Samples: Indenture (Kb Home), Subordinated Indenture (Kb Home), Senior Subordinated Indenture (Kb Home)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion ofan Opinion of Counsel; provided that such officer, or representations byafter reasonable inquiry, counsel, unless such officer knows, or in the exercise of reasonable care should know, has no reason to believe and does not believe that the certificate, opinion or representations Opinion of Counsel with respect to the matters upon which such officer's his certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or the Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Company or the Guarantor, as the case may be; provided that such counsel, after reasonable inquiry, has no reason to believe and does not believe that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or the Securities, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 3 contracts
Samples: Limited Waiver (Elan Corp PLC), Indenture (Elan Corp PLC), Limited Waiver (Elan Corp PLC)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or of a Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion opinion of Counsel counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or a Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer or such Guarantor, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 3 contracts
Samples: Indenture (WPP PLC), Indenture (WPP Finance 2010), Indenture (WPP Air 1 LTD)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or a Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion opinion of Counsel counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or the Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Company or the Guarantor, as the case may be, unless such counsel knows that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 3 contracts
Samples: Indenture (El Paso Pipeline Partners, L.P.), Indenture (El Paso Pipeline Partners Operating Company, L.L.C.), Indenture (El Paso Pipeline Partners Operating Company, L.L.C.)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or any Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his or her certificate or opinion is based are erroneous. Any such certificate or Opinion opinion of Counsel counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or any such Guarantor (as applicable) stating that the information with respect to such factual matters is in its possession, unless such counsel knows, or in the possession exercise of reasonable care should know, that the Company. Any certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 3 contracts
Samples: Indenture (Brookfield Renewable Corp), Indenture (Brookfield Renewable Partners L.P.), Indenture (BRP Bermuda Holdings I LTD)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations Opinion of Counsel with respect to the matters upon which such officer's his certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or the Guarantor, a governmental official or officers or any other Person or Persons, stating that the information with respect to such factual matters is in the possession of the Company. Any certificate Company or the Guarantor unless counsel rendering the Opinion of Counsel knows, or in the exercise of reasonable care should know, that the certificate, opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 3 contracts
Samples: Indenture (Abb LTD), Indenture (Abb LTD), Indenture (ABB Finance (USA) Inc.)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer an Officer of the Company Issuer or the Guarantors, or both, as the case may be, may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer Officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's Officer’s certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer Officer or officers Officers of the Company Issuer or the Guarantors, or both, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer or the Guarantors, or both, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 3 contracts
Samples: Senior Note Indenture (Agco Corp /De), Senior Note Indenture (AGCO International GmbH), Subordinated Note Indenture (AGCO International GmbH)
Form of Documents Delivered to Trustee. (a) In any case where several matters are required to be certified by, or covered by an opinion of, of any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. .
(b) Any certificate or opinion of any an officer of the Company Issuer may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, knows or in the exercise of reasonable care should know, has reason to believe that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's certificate or opinion is based are erroneouserroneous or otherwise inaccurate. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers Authorized Representative of the Company Issuer stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer, unless such counsel knows that the certificate or opinion representations with respect to such matters are erroneous.
(c) Any Opinion of counsel may be Counsel stated to be based on the certificates or opinions opinion of other counsel, in which event it counsel shall be accompanied by a copy of such other certificates or opinions. opinion.
(d) Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (Petrobras International Finance Co), Indenture (American Beverage Co Ambev)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or the Guarantors may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion opinion of Counsel counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or of the Guarantors stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer or of the Guarantors, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (Regency Office Partnership L P), Indenture (Regency Centers Lp)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or the Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Company or the Guarantor, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Home Loans Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or the Guarantor, as the case may be, may be based, insofar as it relates to legal matters, upon an Opinion of Counsel, or a certificate or opinion of, or representations by, by counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificateopinion, opinion certificate or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel or certificate or representations may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or the Guarantor, as the case may be, stating that the information with respect as to such factual matters is in the possession of the Company. Any Company or the Guarantor, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (Boston Properties LTD Partnership), Indenture Agreement (Boston Properties LTD Partnership)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his or her certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or the Guarantor stating that the information with respect to such factual matters is in the possession of the Company. Any Company or the Guarantor, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated opinions or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (M&i Capital Trust C), Indenture (South Financial Group Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer of the Company an Officer may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer Officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer Officer or officers Officers of the Company Issuer or the Company, as the case may be, stating that the information with respect to such factual matters is in the possession of the Issuer or the Company. Any , as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (Stone Container Corp), Indenture (Ibp Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or any Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations Opinion of Counsel with respect to the matters upon which such officer's his certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or any Guarantor, a governmental official or officers or any other Person or Persons, stating that the information with respect to such factual matters is in the possession of the Company. Any certificate Issuer or any Guarantor, as applicable, unless counsel rendering the Opinion of Counsel knows, or in the exercise of reasonable care should know, that the certificate, opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (PS Business Parks, L.P.), Indenture (PS Business Parks, L.P.)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or Parent may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or Parent stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer or Parent, as applicable, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (Primus Telecommunications Group Inc), Indenture (Primus Telecommunications Group Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Operating Partnership or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations Opinion of Counsel with respect to the matters upon which such officer's his certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company stating Operating Partnership, the General Partner or the Guarantor, a governmental official or officers or any other Person or Persons, unless counsel rendering the Opinion of Counsel knows, or in the exercise of reasonable care should know, that the information certificate, opinion or representations with respect to such factual matters is in the possession of the Company. Any certificate or opinion of counsel may be stated to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsare erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.)
Form of Documents Delivered to Trustee. (a) In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. .
(b) Any certificate Officers' Certificate or opinion Opinion of any officer Counsel of the Company Issuer or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or the Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of such certifying entity unless such counsel knows, or in the Company. Any exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinions. matters is erroneous.
(c) Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Subordinated Indenture (Nortel Networks Corp), Senior Indenture (Nortel Networks Corp)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuers or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the such matters upon which such officer's certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuers or the Guarantor stating that the information with respect to such factual matters is in the possession of the Company. Any Issuers or the Guarantor, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (Mediacom Capital Corp), Indenture (Mediacom Capital Corp)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or a Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel opinion of, or representation by, counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or such Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Company or such Guarantor, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (Cott USA Finance LLC), Indenture (Cott USA Finance LLC)
Form of Documents Delivered to Trustee. In any case -------------------------------------- where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, matters and any such Person may certify or give an opinion as to such matters in one or several documents. Any Opinion of Counsel stated to be based on the opinion of other counsel shall be accompanied by a copy of such other opinion. Any certificate or opinion of any an officer of the Guarantor or any Company may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion opinion of Counsel counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Guarantor or Applicable Company stating that the information with respect to such factual matters is in the possession of such Company unless such counsel knows, or in the Company. Any exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations as to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureBasic Agreement or, in respect of the Certificates of any series, this Agreement, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Pass Through Trust Agreement (Mobil Marine Finance Co I Inc), Pass Through Trust Agreement (Mobil Marine Finance Co I Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer of the Company Issuer may be based, insofar as it relates to legal matters, upon a certificate or opinion ofupon, or representations by, counsel, unless such officer knows, or in the exercise absence of reasonable care should knowbad faith, that the certificate, opinion or representations with respect to the matters upon which such officer's certificate or opinion is based are erroneous. Any such certificate or an Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company stating that the information with respect to such factual matters is in the possession of the Company. Any certificate or opinion of counsel may be stated to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsCounsel. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applicationsWhenever in this Indenture, requestsin connection with any application or certificate or report to the Trustee, certificatesit is provided that the Issuer shall deliver any document as a condition of the granting of such application, statements or other instruments given under this Indenture as evidence of the Issuer's compliance with any term hereof, it is intended that the truth and accuracy, at the time of the granting of such application or at the effective date of such certificate or report (as the case may be), of the facts and opinions stated in such document shall in such case be without personal recourse conditions precedent to the right of the Issuer to have such application granted or to the sufficiency of such certificate or report. The foregoing shall not, however, be construed to affect the Trustee's right to rely conclusively upon the truth and accuracy of any individual giving the same and may include an express statement to or opinion contained in any such effectdocument as provided in Article VI.
Appears in 2 contracts
Samples: Indenture (Reliant Energy Transition Bond Co LLC), Indenture (CenterPoint Energy Transition Bond CO II, LLC)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion opinion of Counsel counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or the Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer or the Guarantor, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (BlackRock Inc.), Indenture (BlackRock Funding, Inc. /DE)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Operating Partnership or the Limited Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations Opinion of Counsel with respect to the matters upon which such officer's his certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Operating Partnership or the Limited Guarantor, a governmental official or officers or any other Person or Persons, stating that the information with respect to such factual matters is in the possession of the Company. Any certificate Operating Partnership or the Limited Guarantor unless counsel rendering the Opinion of Counsel knows, or in the exercise of reasonable care should know, that the certificate, opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or any Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations Opinion of Counsel with respect to the matters upon which such officer's ’s certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or any Guarantor, a governmental official or officers or any other Person or Persons, stating that the information with respect to such factual matters is in the possession of the Company. Any certificate Issuer or any Guarantor, as applicable, unless counsel rendering the Opinion of Counsel knows, or in the exercise of reasonable care should know, that the certificate, opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (Avalonbay Communities Inc), Indenture (Avalonbay Communities Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer an Officer of the Company or any Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer Officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel opinion may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer Officer or officers of the Company or any Guarantor stating that the information with respect to such factual matters is in the possession of the Company. Any Company or any Guarantor, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated consolidated, with proper identification of each matter covered therein, and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (Saks Inc), Indenture (Saks Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, by or covered by an opinion of, of any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect as to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or the Guarantor may be based, insofar as it relates to legal matters, upon an Opinion of Counsel, or a certificate or opinion of, or representations by, by counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificateopinion, opinion certificate or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel or certificate or representations may be based, insofar as it relates to factual matters, matters upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or the Guarantor, as the case may be, stating that the information with respect as to such factual matters is in the possession of the Company. Any Issuer or the Guarantor, as the case may be, unless such counsel knows that the certificate or opinion of counsel may be stated or representations as to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (Mack Cali Realty L P), Indenture (Mack Cali Realty Corp)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer may be based, insofar as it relates to legal matters, upon a certificate or opinion ofOpinion of Counsel, or representations by, by counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his or her certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel or representations by counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Share Repurchase Agreement (American International Group Inc), Junior Subordinated Indenture (AerCap Global Aviation Trust)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or a Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer, a Guarantor, a governmental official or officers or any other Person or Persons stating that the information with respect to such factual matters is in the possession of the Company. Any certificate Issuer or such Guarantor, as the case maybe be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate, opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (Notami Hospitals of Louisiana Inc), Indenture (HCA Holdings, Inc.)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or any Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations Opinion of Counsel with respect to the matters upon which such officer's his certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or a Guarantor, a governmental official or officers or any other Person or Persons, stating that the information with respect to such factual matters is in the possession of the Company. Any certificate Company unless counsel rendering the Opinion of Counsel knows, or in the exercise of reasonable care should know, that the certificate, opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (Hunt J B Transport Services Inc), Indenture (J.B. Hunt Transport, Inc.)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, of any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, knows or in the exercise of reasonable care should know, has reason to believe that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's certificate or opinion is based are erroneouserroneous or otherwise inaccurate. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers Authorized Representative of the Company Issuer stating that the information with respect to such factual matters is in the possession of the CompanyIssuer, unless such counsel knows that the certificate or representations with respect to such matters are erroneous. Any certificate or opinion Opinion of counsel may be Counsel stated to be based on the certificates or opinions opinion of other counsel, in which event it counsel shall be accompanied by a copy of such other certificates or opinionsopinion. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (Somerset Power LLC), Indenture (NRG Energy Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or a Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or such Guarantor stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer or such Guarantor unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (Virginia Paper Manufacturing Corp), Indenture (Media General Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any a Manager of the general partner of the Company or of an officer of the Company Guarantor, as the case may be, may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such Manager or officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his or her certificate or opinion is based are erroneous. Any such certificate or Opinion opinion of Counsel counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, a Manager or Managers of the general partner of the Company or of an officer or officers of the Company Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Company or the Guarantor, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture Agreement (PROCTER & GAMBLE Co), Indenture (Procter & Gamble International Funding SCA)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or Guarantor may be based, insofar as it relates to legal matters, upon an Opinion of Counsel, or a certificate or opinion of, or representations by, by counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificateopinion, opinion certificate or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel or certificate or representations may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer stating that the information with respect as to such factual matters is in the possession of the Company. Any Issuer, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Indenture (American Standard Companies Inc), Indenture (American Standard Companies Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect as to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer an Officer of the Company or, as applicable, the Guarantor may be based, insofar as it relates to legal matters, upon an Opinion of Counsel, or a certificate or opinion of, or representations by, by counsel, unless such officer Officer knows, or in the exercise of reasonable care should know, that the certificateopinion, opinion certificate or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel or certificate or representations may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer Officer or officers Officers of the Company and, as applicable, the Guarantor stating that the information with respect as to such factual matters is in the possession of the Company, and as applicable, the Guarantor, unless such counsel knows that the certificate, opinion or representations as to such matters are erroneous. Any certificate In any case where any action, request or opinion other matter shall require the delivery of counsel an Officer’s Certificate of the Company and of the Guarantor, the Company and the Guarantor may be stated to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by deliver a copy of such other certificates or opinionssingle combined certificate. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 2 contracts
Samples: Supplemental Indenture (Kilroy Realty, L.P.), Supplemental Indenture (Kilroy Realty, L.P.)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or Co-Issuer, as the case may be, may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations with respect to the matters upon which such officer's certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel opinion may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or Co-Issuer, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any certificate Issuer or opinion of counsel Co-Issuer, as the case may be stated to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsbe. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Telesat Canada)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer a Responsible Officer of the Company Issuer may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, knows that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's the certificate or opinion is based are erroneous. Any such certificate of a Responsible Officer or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Servicer, the Issuer, the Trust Depositor, or other appropriate Person, stating that the information with respect to such factual matters is in the possession of the Company. Any Servicer, the Issuer, the Trust Depositor or such other Person, unless such counsel knows that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (NewStar Financial, Inc.)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect as to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company General Partner, any Guarantor, any general partner or manager of any Guarantor or any corporate successor of the Operating Partnership or any Guarantor may be based, insofar as it relates to legal matters, upon an Opinion of Counsel, or a certificate or opinion of, or representations by, by counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificateopinion, opinion certificate or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel or certificate or representations may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company stating that the information with respect to such factual matters is in the possession General Partner, any Guarantor, any general partner or manager of any Guarantor or any corporate successor of the Company. Any certificate Operating Partnership or opinion of counsel may be stated to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinions. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.Guarantor,
Appears in 1 contract
Samples: Indenture (Amb Property Corp)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or the Guarantor, as applicable, may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations Opinion of Counsel with respect to the matters upon which such officer's his certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Company, the Guarantor, a governmental official or officers or any other Person or Persons, stating that the information with respect to such factual matters is in the possession of the CompanyCompany or the Guarantor, as applicable, unless the counsel rendering the Opinion of Counsel knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations with respect to such matters are erroneous. Any Each certificate or opinion of counsel may be stated with respect to be based on the certificates compliance with a covenant or opinions of other counsel, condition provided for in which event it shall be accompanied by a copy of such other certificates or opinions. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.include:
Appears in 1 contract
Samples: Indenture (WPC Eurobond B.V.)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Personperson, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer an Officer of the Company or of News Corporation, on behalf of the Company or the Guarantors, may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer Officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer Officer or officers Officers of the Company or any of the Guarantors or News Corporation, on behalf of the Company or any of the Guarantors, stating that the information with respect to such factual matters is in the possession of the Company. Any Company or any of the Guarantors, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be the matters upon which such certificate or opinion are based on the certificates or opinions of other counsel, are erroneous. In any instance in which event it shall be accompanied by a copy of such other certificates or opinions. Where any Person is required to make, give provide or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Feg Holdings Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or any Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or any Guarantor stating that the information with respect to such factual matters is in the possession of the Company. Any Company or any Guarantor, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Scovill Holdings Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer may be based, insofar as it relates to legal matters, upon an Opinion of Counsel, or a certificate or opinion of, or representations by, by counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion certificate or representations or Opinion of Counsel with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or representation or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Gold Banc Corp Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or the Guarantor, as the case may be, may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion opinion of Counsel counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or the Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Company or the Guarantor, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person the Company or the Guarantor, as the case may be, is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Bowater Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion opinion of Counsel counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or the Guarantor stating that the information with respect to such factual matters is in the possession of the Company. Any Company or the Guarantor, respectively, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Form of Documents Delivered to Trustee. (a) In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. .
(b) Any certificate Officers’ Certificate or opinion Opinion of any officer Counsel of the Company Issuer or a Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer or counsel knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or such Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of such certifying entity unless such counsel knows, or in the Company. Any exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinions. matters are erroneous.
(c) Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Nortel Networks LTD)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters 7 be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of an Issuer, the Company General Partner, or a Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, knows that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel opinion of, or representation by, counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of an Issuer, the Company General Partner, or such Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of an Issuer, the Company. Any General Partner or such Guarantor, as the case may be, unless such counsel knows that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Western Gas Partners LP)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or a Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel opinion may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or a Guarantor stating that the information with respect to such factual matters is in the possession of the Company. Any Company or such Guarantor, as applicable, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (PLD Telekom Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect as to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the General Partner, any Guarantor, any general partner or manager of any Guarantor or any successor of the Company or any Guarantor may be based, insofar as it relates to legal matters, upon an Opinion of Counsel, or a certificate or opinion of, or representations by, by counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificateopinion, opinion certificate or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel or certificate or representations may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the General Partner, any Guarantor, any general partner or manager of any Guarantor or any successor of the Company or any Guarantor, as applicable, stating that the information with respect as to such factual matters is in the possession of the Company. Any General Partner, any Guarantor, any general partner or manager of any Guarantor or any successor of the Company or any Guarantor, as applicable, unless such counsel knows that the certificate or opinion of counsel may be stated or representations as to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Amb Property Lp)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Company, of any Lessor or of PNM may be based, insofar in so far as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, knows that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar in so far as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Company, of any Lessor or of PNM, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any , such Lessor or PNM, respectively, unless such counsel knows that the certificate or opinion or representations with respect to such matters are erroneous. Any Opinion of counsel may be Counsel stated to be based on the certificates or opinions opinion of other counsel, in which event it counsel shall be accompanied by a copy of such other certificates or opinionsopinion. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Collateral Trust Indenture (Public Service Co of New Mexico)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, matters and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer an Officer of the Company Issuer or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion ofopinion, or representations representation by, counsel, unless such officer Officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his or her certificate or opinion is based are erroneous. Any such certificate or Opinion opinion of Counsel counsel or representation by counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer Officer or officers Officers of the Company Issuer or the Guarantor stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer or the Guarantor, unless such counsel has actual knowledge that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.Table of Contents
Appears in 1 contract
Samples: Indenture (Natura &Co Holding S.A.)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Funding Corporation or the Partnership may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, knows or in the exercise of reasonable care should know, has reason to believe that the certificate, certificate or opinion or representations with respect to the matters upon which such officerOfficer's certificate or opinion Certificate is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers Authorized Representative of the Company Funding Corporation or the Partnership, as the case may be, stating that the information with respect to such factual matters is in the possession of the CompanyFunding Corporation or the Partnership, respectively, unless such counsel knows that the certificate or representations with respect to such matters are erroneous. Any certificate or opinion Opinion of counsel may be Counsel stated to be based on the certificates or opinions opinion of other counsel, in which event it counsel shall be accompanied by a copy of such other certificates or opinionsopinion. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer of the Company Issuer may be based, insofar as it relates to legal matters, upon a certificate or opinion ofupon, or representations by, counsel, unless such officer knows, or in the exercise absence of reasonable care should knowbad faith, that the certificate, opinion or representations with respect to the matters upon which such officer's certificate or opinion is based are erroneous. Any such certificate or an Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company stating that the information with respect to such factual matters is in the possession of the Company. Any certificate or opinion of counsel may be stated to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsCounsel. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applicationsWhenever in this Indenture, requestsin connection with any application or certificate or report to the Trustee, certificatesit is provided that the Issuer shall deliver any document as a condition of the granting of such application, statements or other instruments given under this Indenture as evidence of the Issuer’s compliance with any term hereof, it is intended that the truth and accuracy, at the time of the granting of such application or at the effective date of such certificate or report (as the case may be), of the facts and opinions stated in such document shall in such case be without personal recourse conditions precedent to the right of the Issuer to have such application granted or to the sufficiency of such certificate or report. The foregoing shall not, however, be construed to affect the Trustee’s right to rely conclusively upon the truth and accuracy of any individual giving the same and may include an express statement to or opinion contained in any such effectdocument as provided in Article VI.
Appears in 1 contract
Samples: Indenture (CenterPoint Energy Restoration Bond Company, LLC)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. 4866-9982-4145.5 Any certificate or opinion of any officer a Responsible Officer of the Company Issuer may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his or her certificate or opinion is based are erroneous. Any such certificate of a Responsible Officer or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company initial Servicer, the Sellers or the Issuer (or the Administrator on its behalf), stating that the information with respect to such factual matters is in the possession of or known to the Company. Any initial Servicer, the Sellers or the Issuer, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applicationsWhenever in this Indenture, requestsin connection with any application or certificate or report to the Trustee, certificatesit is provided that the Issuer shall deliver any document as a condition of the granting of such application, statements or other instruments given under this Indenture as evidence of the Issuer’s compliance with any term hereof, it is intended that the truth and accuracy, at the time of the granting of such application or at the effective date of such certificate or report (as the case may be), of the facts and opinions stated in such document shall in such case be without personal recourse conditions precedent to the right of the Issuer to have such application granted or to the sufficiency of such certificate or report. The foregoing shall not, however, be construed to affect the Trustee’s right to rely upon the truth and accuracy of any individual giving the same and may include an express statement to or opinion contained in any such effectdocument as provided in Article 10.
Appears in 1 contract
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Personperson, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Personperson, or that they be so certified or covered by only one document, but one such Person person may certify or give an opinion with respect to some matters and one or more other such Persons persons as to other matters, and any such Person person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer an Officer of the Company Issuer or a Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer Officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer Officer or officers Officers of the Company Issuer or a Guarantor stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer or such Guarantor, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this the Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company an Issuer or a Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knowsknows or, or in the exercise of reasonable care care, should know, know that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of an Issuer or a Guarantor, as the Company case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any respective Issuer or the Guarantor, as the case may be, unless such counsel knows that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his or her certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or the Guarantor, as applicable, stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer or the Guarantor, as applicable, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated opinions or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters is erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Wells Fargo Finance LLC)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company General Partner, as the sole general partner of the Operating Partnership, or SX Xxxxx, for itself and/or as the sole general partner of SX Xxxxx OP may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company General Partner or SX Xxxxx, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Operating Partnership or the Co-Obligors, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or the Notes, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Sl Green Realty Corp)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Company, any Subsidiary Notes Guarantor or other obligor on the Notes may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Company, any Subsidiary Notes Guarantor or other obligor on the Notes stating that the information with respect to such factual matters is in the possession of the Company. Any , any Subsidiary Notes Guarantor or other obligor on the Notes unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Citadel License Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion ofan Opinion of Counsel, or representations byprovided that such officer, counselafter reasonable inquiry, unless such officer knows, or in the exercise of reasonable care should know, has no reason to believe and does not believe that the certificate, opinion or representations Opinion of Counsel with respect to the matters upon which such officer's his certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or the Guarantor stating that the information with respect to such factual matters is in the possession of the Company. Any Company or the Guantor, as the case may be, provided that such counsel, after reasonable inquiry, has no reason to believe and does not believe that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Form of Documents Delivered to Trustee. (a) In any case -------------------------------------- where several matters are required to be certified by, or covered by an opinion of, of any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. .
(b) Any certificate or opinion of any an officer of the Company Issuer may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, knows or in the exercise of reasonable care should know, has reason to believe that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's certificate or opinion is based are erroneouserroneous or otherwise inaccurate. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers Authorized Representative of the Company Issuer stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer, unless such counsel knows that the certificate or opinion representations with respect to such matters are erroneous.
(c) Any Opinion of counsel may be Counsel stated to be based on the certificates or opinions opinion of other counsel, in which event it counsel shall be accompanied by a copy of such other certificates or opinions. opinion.
(d) Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give given an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer an Authorized Officer of the Company Issuer or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselcounsel (such counsel being acceptable to the Trustee), unless such officer Authorized Officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's certificate the certificates or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer Authorized Officer or officers Authorized Officers of the Company stating Issuer or the Guarantor, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the information certificate or opinion or representations with respect to such factual matters is in the possession of the Company. Any certificate or opinion of counsel may be stated to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsare erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Cnooc LTD)
Form of Documents Delivered to Trustee. (a) In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. .
(b) Any certificate Officers' Certificate or opinion Opinion of any officer Counsel of the Company Issuer may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer, stating that the information with respect to such factual matters is in the possession of such certifying entity unless such counsel knows, or in the Company. Any exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinions. matters is erroneous.
(c) Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, matters and any such Person may certify or give an opinion as to such matters in one or several documents. Any Opinion of Counsel stated to be based on the opinion of other counsel shall be accompanied by a copy of such other opinion. Any certificate or opinion of any an officer of the Guarantor or the Company may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion opinion of Counsel counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Guarantor or the Company stating that the information with respect to such factual matters is in the possession of such Company unless such counsel knows, or in the Company. Any exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations as to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureBasic Agreement or, in respect of the Certificates of any series, this Agreement, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or the Parent Guarantor may be based, insofar as it relates to legal matters, upon a certificate or of opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or the Parent Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Company or the Parent Guarantor, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (L 3 Communications Corp)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, Person or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate Issuers' Certificate or opinion Opinion of any officer Counsel of the Company Issuers may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless the person signing such officer knows, Issuers' Certificate or in the exercise Opinion of reasonable care should know, Counsel has actual knowledge that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's certificate Issuers' Certificate or opinion Opinion of Counsel is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers Authorized Officer of the Company Issuers, El Paso or any other party to the Transaction Documents, as applicable, stating that the information with respect to such factual matters is in the possession of such Person, unless such counsel knows that the Company. Any certificate or opinion or representations with respect to such matters are erroneous. Any Opinion of counsel may be Counsel stated to be based on the certificates or opinions opinion of other counsel, in which event it counsel shall be accompanied by a copy of such other certificates or opinionsopinion. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this New Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (El Paso Corp/De)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, knows or in the exercise of reasonable care should know, has reason to believe that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's certificate or opinion is based are erroneouserroneous or otherwise inaccurate. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers Authorized Representative of the Company Issuer stating that the information with respect to such factual matters is in the possession of the CompanyIssuer, unless such counsel knows that the certificate or representations with respect to such matters are erroneous. Any certificate or opinion Opinion of counsel may be Counsel stated to be based on the certificates or opinions opinion of other counsel, in which event it counsel shall be accompanied by a copy of such other certificates or opinionsopinion. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Northeast Generation Co)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate Issuers' Certificate or opinion Opinion of any officer Counsel of the Company Issuers may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless the person signing such officer knows, Issuers' Certificate or in the exercise Opinion of reasonable care should know, Counsel has actual knowledge that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's certificate Issuers' Certificate or opinion Opinion of Counsel is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers Authorized Officer of the Company Issuers, El Paso or any other party to the Transaction Documents, as applicable, stating that the information with respect to such factual matters is in the possession of such Person unless such counsel knows that the Company. Any certificate or opinion or representations with respect to such matters are erroneous. Any Opinion of counsel may be Counsel stated to be based on the certificates or opinions opinion of other counsel, in which event it counsel shall be accompanied by a copy of such other certificates or opinionsopinion. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this New Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (El Paso Corp/De)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Company, any Subsidiary Notes Guarantor or other obligor on the Notes may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Company, any Subsidiary Notes Guarantor or other obligor on the Notes stating that the information with respect to such factual matters is in the possession of the Company. Any , any Subsidiary Notes Guarantor or other obligor on the Notes unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.30 20
Appears in 1 contract
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, of any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or of the Partnership may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, knows or in the exercise of reasonable care should know, has reason to believe that the certificate, certificate or opinion or representations with respect to to-the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or of the Partnership, as the case my be, stating that the information with respect to such factual matters is in the possession of the Company. Any Company or the Partnership, respectively, unless such counsel knows or in the exercise of reasonable care should know that the certificate or opinion or representations with respect to such matters are erroneous. Any Opinion of counsel may be Counsel stated to be based on the certificates or opinions opinion of other counsel, in which event it counsel shall be accompanied by a copy of such other certificates or opinionsopinion. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Trust Indenture (Dynegy Inc /Il/)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer of the Company an Officer may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer Officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer Officer or officers Officers of the Company or MCN, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Company or MCN, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (MCN Corp)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion opinion of Counsel counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or the Guarantor stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer or the Guarantor, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Deutsche Telekom Ag)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer an Officer of the Company Issuer or the Guarantors, or both, as the case may be, may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, Officer knows that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's Officer’s certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer Officer or officers Officers of the Company Issuer or the Guarantors, or both, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer or any of the Guarantors, or both, as the case may be, unless such counsel knows that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Form of Documents Delivered to Trustee. In any case -------------------------------------- where several matters are required to be certified by, by or covered by an opinion of, of any specified Person, it is not necessary that all such matters be certified by, by or covered by the opinion of, of only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters matter in one or several documents. Any certificate or opinion of any an officer of the Company Issuer may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, knows or in the exercise of reasonable care should know, has reason to believe that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate certificate, opinion or an Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer stating that the information with respect to such each factual matters is in the possession of the Company. Any Issuer unless such counsel knows or in the exercise of reasonable care (without independent investigation) should know that the certificate or opinion or representations with respect to such matters are erroneous. Any Opinion of counsel may be Counsel stated to be based on the certificates or opinions opinion of other counsel, in which event it counsel shall be accompanied by a copy of such other certificates or opinionsopinion. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or of any of the Guarantors may be based, insofar as it relates to legal matters, upon an Opinion of Counsel, or a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificateopinion, opinion certificate or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel or certificate or representations may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or any of the Guarantors (or the entity that is the managing member thereof), as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer or any of the Guarantors, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or the Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Company or the Guarantor, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Subordinated Indenture (Keystone Financial Mid Atlantic Funding Corp)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer of the Company a Responsible Officer may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer Responsible Officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's Officer’s certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer a Responsible Officer or officers of the Company Responsible Officers stating that the information with respect to such factual matters is in the possession of the Company. Any Company or a Guarantor, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (EnerSys)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any a manager of the general partner of the Company or of an officer of the Company Guarantor, as the case may be, may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such manager or officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his or her certificate or opinion is based are erroneous. Any such certificate or Opinion opinion of Counsel counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, a manager or managers of the general partner of the Company or of an officer or officers of the Company Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Company or the Guarantor, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Procter & Gamble International Funding SCA)
Form of Documents Delivered to Trustee. In any case -------------------------------------- where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer Officer's Certificate of the Company Issuer or Opinion of Counsel may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, knows or in the exercise of reasonable care should know, has reason to believe that the certificate, certificate or opinion or representations with respect to the matters upon which such officerOfficer's certificate or opinion Certificate is based are erroneous. Any such certificate Officer's Certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers Authorized Representative of the Company Issuer, stating that the information with respect to such factual matters is in the possession of the CompanyIssuer, unless such counsel knows that the certificate or representations with respect to such matters are erroneous. Any certificate or opinion Opinion of counsel may be Counsel stated to be based on the certificates or opinions opinion of other counsel, in which event it counsel shall be accompanied by a copy of such other certificates or opinionsopinion. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Form of Documents Delivered to Trustee. (a) In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. .
(b) Any certificate Officers' Certificate or opinion Opinion of any officer Counsel of an Issuer or the Company Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of such Issuer or the Company Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of such certifying entity unless such counsel knows, or in the Company. Any exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinions. matters is erroneous.
(c) Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or the Guarantor, including any Officer's Certificate, may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or opinion, and any Opinion of Counsel Counsel, may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or the Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer or the Guarantor, as the case may be, unless such officer or counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Mobile Telesystems Ojsc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer two directors of the Company or of any two executive officers of the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knowsdirectors or officers, as the case may be, know, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's the certificate or opinion is based are erroneous. Any such certificate or Opinion opinion of Counsel counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or the Guarantor stating that the information with respect to such factual matters is in the possession of the Company. Any Company or the Guarantor, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Vale S.A.)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company or the Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company or the Guarantor stating that the information with respect to such factual matters is in the possession of the Company. Any Company or the Guarantor, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Atlantic Coast Entertainment Holdings Inc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any an officer of the Company Issuer or the Guarantor, including any Officer’s Certificate, may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to the matters upon which such officer's his certificate or opinion is based are erroneous. Any such certificate or opinion, and any Opinion of Counsel Counsel, may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer or officers of the Company Issuer or the Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of the Company. Any Issuer or the Guarantor, as the case may be, unless such officer or counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (Mobile Telesystems Ojsc)
Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of, any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of any officer an Officer of the Company Issuer or any Guarantor may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counselan Opinion of Counsel, unless such officer Officer knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations Opinion of Counsel with respect to the matters upon which such officer's his certificate or opinion is based are is erroneous. Any such certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an officer Officer or Officers of the Issuer or any Guarantor, a governmental official or officers of the Company or any other Person or Persons, stating that the information with respect to such factual matters is in the possession of the Company. Any certificate Issuer or any Guarantor, as applicable, unless counsel rendering the Opinion of Counsel knows, or in the exercise of reasonable care should know, that the certificate, opinion of counsel may be stated or representations with respect to be based on the certificates or opinions of other counsel, in which event it shall be accompanied by a copy of such other certificates or opinionsmatters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureIndenture or any Security, they may, but need not, be consolidated and form one instrument. All applications, requests, certificates, statements or other instruments given under this Indenture shall be without personal recourse to any individual giving the same and may include an express statement to such effect.
Appears in 1 contract
Samples: Indenture (VICI Properties L.P.)
