Common use of Forms of Documents Delivered to Trustee Clause in Contracts

Forms 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 may certify or give an opinion as to other matters, and any of such Persons may certify or give an opinion as to such matters contained in one or several documents. Any certificate or opinion of an officer of the Corporation 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 matters upon which his or her 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, one or more officers of the Corporation stating that the information with respect to such factual matters is in the possession of the Corporation, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate, opinion or representations with respect to matters upon which his or her certificate 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.

Appears in 5 contracts

Samples: Junior Subordinated Indenture (Colonial Bancgroup Inc), Junior Subordinated Indenture (Southern States Capital Trust I), Junior Subordinated Indenture (Centura Banks Inc)

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Forms 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 may certify or give an opinion as to other matters, and any of such Persons Person may certify or give an opinion as to such matters contained in one or several documents. Any certificate or opinion of an officer of the Corporation 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 matters upon which his or her 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, one an officer or more officers of the Corporation or the Guarantor, as the case may be, stating that the information with respect to such factual matters is in the possession of the CorporationCorporation or the Guarantor, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to such matters upon which his or her certificate 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.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Popular North America Capital Trust Iii), Junior Subordinated Indenture (Popular North America Capital Trust I), Junior Subordinated Indenture (Banponce Trust Ii)

Forms 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 may certify or give an opinion as to other matters, and any of such Persons Person may certify or give an opinion as to such matters contained in one or several documents. Any certificate or opinion of an officer of the Corporation 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, actually knows that the certificate, certificate or opinion or representations with respect to the matters upon which his or her 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, one an officer or more officers of the Corporation Company stating that the information with respect to such factual matters is in the possession of the CorporationCompany, unless such counsel knows, or in the exercise of reasonable care (but without having made an investigation specifically for the purpose of rendering such opinion) should know, that the certificate, certificate or opinion or representations with respect to such matters upon which his or her certificate 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, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument.

Appears in 3 contracts

Samples: Indenture (Wells Fargo & Co/Mn), Indenture (American Express Co), Indenture (American Express Co)

Forms 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 may certify or give an opinion as to other matters, and any of such Persons Person may certify or give an opinion as to such matters contained in one or several documents. Any certificate or opinion of an officer of the Corporation Company 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 his or her 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, one an officer or more officers of the Corporation Company stating that the information with respect to such factual matters is in the possession of the CorporationCompany, unless such counsel rendering such Opinion of Counsel knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to such matters upon which his or her certificate 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.

Appears in 3 contracts

Samples: Indenture (Comerica Capital Trust Ii), Indenture (Provident Capital Trust Iv), Indenture (Provident Capital Trust Iii)

Forms 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 may certify or give an opinion as to other matters, and any of such Persons Person may certify or give an opinion as to such matters contained in one or several documents. Any certificate or opinion of an officer of the Corporation Company 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 his or her 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, one an officer or more officers of the Corporation Company stating that the information with respect to such factual matters is in the possession of the CorporationCompany, unless such counsel rendering such Opinion of Counsel knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to such matters upon which his or her certificate 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, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument.

Appears in 3 contracts

Samples: Indenture (Gentiva Health Services Inc), Indenture (Txi Capital Trust I), Indenture (Caremark Rx Inc)

Forms 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 may certify or give an opinion as to other matters, and any of such Persons Person may certify or give an opinion as to such matters contained in one or several documents. Any certificate or opinion of an officer of the Corporation 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, actually knows that the certificate, certificate or opinion or representations with respect to the matters upon which his or her 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, one an officer or more officers of the Corporation Issuer stating that the information with respect to such factual matters is in the possession of the CorporationIssuer, unless such counsel knows, or in the exercise of reasonable care (but without having made an investigation specifically for the purpose of rendering such opinion) should know, that the certificate, certificate or opinion or representations with respect to such matters upon which his or her certificate 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, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument.

Appears in 2 contracts

Samples: Indenture (Getty Images Inc), Indenture (Lin Television Corp)

Forms 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 may certify or give an opinion as to other matters, and any of such Persons Person may certify or give an opinion as to such matters contained in one or several documents. Any certificate or opinion of an officer of the Corporation Company may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, counsel, an 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 matters upon which his or her 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, one an officer or more officers of the Corporation Company stating that the information with respect to such factual matters is in the possession of the CorporationCompany, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to such matters upon which his or her certificate 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, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument.

Appears in 2 contracts

Samples: Indenture (Western Wireless Corp), Indenture (Western Wireless Corp)

Forms 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 may certify or give an opinion as to other matters, and any of such Persons Person may certify or give an opinion as to such matters contained in one or several documents. Any certificate or opinion of an officer of the Corporation Corporate 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 his or her 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, one an officer or more officers of the Corporation Corporate stating that the information with respect to such factual matters is in the possession of the CorporationCorporate, unless such counsel rendering such Opinion of Counsel knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to such matters upon which his or her certificate 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.

Appears in 1 contract

Samples: Indenture (Savyon Trust Group,inc)

Forms 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 may certify or give an opinion as to other matters, and any of such Persons Person may certify or give an opinion as to such matters contained in one or several documents. Any certificate or opinion of an officer of the Corporation Company 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 his or her 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, one an officer or more officers of the Corporation Company stating that the information with respect to such factual matters is in the possession of the CorporationCompany, unless such counsel knows, or in the exercise rendering such Opinion of reasonable care should know, Counsel knows that the certificate, certificate or opinion or representations with respect to such matters upon which his or her certificate 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.

Appears in 1 contract

Samples: Junior Subordinated Indenture (National Commerce Financial Corp)

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Forms 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 may certify or give an opinion as to other matters, and any of such Persons Person may certify or give an opinion as to such matters contained in one or several documents. Any certificate or opinion of an officer of the Corporation 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, actually knows that the certificate, certificate or opinion or representations with respect to the matters upon which his or her 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, one an officer or more officers of the Corporation stating that the information with respect to such factual matters is in the possession of the CorporationCompany, unless such counsel knows, or in the exercise of reasonable care should know, actually knows that the certificate, certificate or opinion or representations with respect to such matters upon which his or her certificate 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, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument.

Appears in 1 contract

Samples: Indenture (Lockheed Martin Corp)

Forms 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 may certify or give an opinion as to other matters, and any of such Persons Person may certify or give an opinion as to such matters contained in one or several documents. . (b) Any certificate or opinion of an officer of the Corporation 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 matters upon which his or her 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, one an officer or more officers of the Corporation Company stating that the information with respect to such factual matters is in the possession of the CorporationCompany, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to such matters upon which his or her certificate or opinion is based are erroneous. . (c) Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Allegiant Capital Trust Ii)

Forms 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 may certify or give an opinion as to other matters, and any of such Persons Person may certify or give an opinion as to such matters contained in one or several documents. Any certificate or opinion of an officer Officer of the Corporation 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, actually knows that the certificate, certificate or opinion or representations with respect to the matters upon which his or her 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, one an Officer or more officers Officers of the Corporation Company stating that the information with respect to such factual matters is in the possession of the CorporationCompany, unless such counsel knows, or in the exercise of reasonable care (but without having made an investigation specifically for the purpose of rendering such opinion) should know, that the certificate, certificate or opinion or representations with respect to such matters upon which his or her certificate 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, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument.

Appears in 1 contract

Samples: Indenture (DST Systems Inc)

Forms 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 may certify or give an opinion as to other matters, and any of such Persons Person may certify or give an opinion as to such matters contained in one or several documents. Any certificate or opinion of an officer of the Corporation 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 matters upon which his or her 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, one an officer or more officers of the Corporation 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 CorporationCompany or the Guarantor, as the case may be, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to such matters upon which his or her certificate 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, opinions or other instruments under this Indenture, they may, but need not, be consolidated and form one instrument.

Appears in 1 contract

Samples: Junior Subordinated Indenture (FPC Capital Ii)

Forms 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 may certify or give an opinion as to other matters, and any of such Persons Person may certify or give an opinion as to such matters contained in one or several documents. . (b) Any certificate or opinion of an officer of the Corporation 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 matters upon which his or her 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, one an officer or more officers of the Corporation Company or the Guarantor stating that the information with respect to such factual matters is in the possession of the CorporationCompany or the Guarantor, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate, certificate or opinion or representations with respect to such matters upon which his or her certificate or opinion is based 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.

Appears in 1 contract

Samples: Junior Subordinated Indenture (American Safety Insurance Group LTD)

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