Common use of Form of Evidence Clause in Contracts

Form of Evidence. Evidence furnished to the Trustee, which relates to a matter other than the issue, certification and delivery of Subordinate Secured Notes or the satisfaction and discharge of this Indenture or the compliance with a particular term of the Indenture which specifies more particularly the nature of evidence required for compliance, may consist of or otherwise be in accordance with a report or opinion of any solicitor, auditor, accountant, engineer or appraiser or any other Person whose qualifications give authority to a statement made by such Person, but if such report or opinion is furnished by a Director, officer or employee of the Corporation it shall be in the form of a statutory declaration or a certificate. Evidence furnished to the Trustee pursuant to Section 13.12 or this Section 13.13 shall include: (a) a statement by the Person giving the evidence declaring that such Person has read and understands the provisions hereof relating to the conditions precedent with respect to compliance with which such evidence is being given; (b) a statement describing the nature and scope of the examination or investigation upon which the statements or opinions contained in the evidence are based; (c) a statement declaring that, in the belief of the Person giving the evidence, such Person has made such examination or investigation as is necessary to enable such Person to make the statements or give the opinions contained or expressed therein; and (d) a statement permitting and acknowledging reliance thereon by Holders.

Form of Evidence. Evidence furnished to the Trustee, which relates to a matter other than the issue, certification and delivery of Subordinate Secured Notes Debentures or the satisfaction and discharge of this Indenture or the compliance with a particular term of the Indenture which specifies more particularly the nature of evidence required for compliance, may consist of or otherwise be in accordance with a report or opinion of any solicitor, auditor, accountant, engineer or appraiser or any other Person whose qualifications give authority to a statement made by such Person, but if such report or opinion is furnished by a Director, officer or employee of the Corporation it shall be in the form of a statutory declaration or a certificate. Evidence furnished to the Trustee pursuant to Section 13.12 15.12 or this Section 13.13 15.13 shall include: (a) a statement by the Person giving the evidence declaring that such Person has read and understands the provisions hereof relating to the conditions precedent with respect to compliance with which such evidence is being given; (b) a statement describing the nature and scope of the examination or investigation upon which the statements or opinions contained in the evidence are based; (c) a statement declaring that, in the belief of the Person giving the evidence, such Person has made such examination or investigation as is necessary to enable such Person to make the statements or give the opinions contained or expressed therein; and (d) a statement permitting and acknowledging reliance thereon by Holders.

Form of Evidence. Evidence furnished to the Trustee, which relates to a matter other than the issue, certification and delivery of Subordinate Secured Notes or the satisfaction and discharge of this Indenture or the compliance with a particular term of the Indenture which specifies more particularly the nature of evidence required for compliance, may consist of or otherwise be in accordance with a report or opinion of any solicitor, auditor, accountant, engineer or appraiser or any other Person whose qualifications give authority to a statement made by such Person, but if such report or opinion is furnished by a Directordirector, officer or employee of the Corporation it shall be in the form of a statutory declaration or a certificate. Evidence furnished to the Trustee pursuant to Section 13.12 11.12 or this Section 13.13 11.13 shall include: : (a) a statement by the Person giving the evidence declaring that such Person has read and understands the provisions hereof relating to the conditions precedent with respect to compliance with which such evidence is being given; ; (b) a statement describing the nature and scope of the examination or investigation upon which the statements or opinions contained in the evidence are based; ; (c) a statement declaring that, in the belief of the Person giving the evidence, such Person has made such examination or investigation as is necessary to enable such Person to make the statements or give the opinions contained or expressed therein; and and 61 (d) a statement permitting and acknowledging reliance thereon by Holders.