Common use of GENERAL PROVISIONS AS TO CERTIFICATES Clause in Contracts

GENERAL PROVISIONS AS TO CERTIFICATES. Each Certificate of the Company, and opinion of counsel ("Document") required under or referred to in this Indenture or furnished in connection with any application, written order or written request made to the Trustee or a Special Warrantholder pursuant to any provisions of this Indenture shall specify the section under which such Document, application, written order or written request is being made and shall include: (a) a statement that the person signing such Document has read and understands the conditions precedent with respect to compliance with which such evidence is being given; (b) a description of the nature and scope of the examination or investigation upon which the Document is based; and (c) a statement that the person providing the Document has made such examination or investigation as he believes is necessary to enable him to make the statements or give the opinions contained or expressed therein. Any application, written demand, statement, request, notice, designation, direction, nomination or other instrument to be made by the Company under any of the provisions of this Indenture shall, unless otherwise provided, be deemed sufficiently made and executed if executed by any one of the President, any Vice-President, the Secretary or the Chief Financial Officer of the Company and need not be under the corporate seal of the Company. The Trustee shall accept a certificate signed by the Secretary of the Company as sufficient evidence of the passage of any resolution by the directors. Any Document may be based, insofar as it relates to factual matters, upon information with respect to the Company which is in the possession of the Company or upon the certificate or opinion of or representations by an officer or officers of the Company, unless such counsel knows that the certificate or opinion or representations with respect to the matters upon which the certificate or opinion may be based as aforesaid are erroneous, or in the exercise of reasonable care should have known that the same were erroneous. Counsel in giving any opinion under this Indenture may rely in whole or in part upon the opinion of other counsel provided that counsel shall consider such other counsel as one upon whom he may properly rely. Any certificate of any expert, insofar as it relates to matters outside of such expert's competence or responsibility, may be based upon a certificate or opinion of or upon representations by counsel or some other qualified expert, unless such first-mentioned expert knows that the certificate or opinion or representations with respect to the matters upon which his certificate may be based as aforesaid are erroneous, or in the exercise of reasonable care should have known that the same were erroneous.

Appears in 3 contracts

Samples: Special Warrant Indenture (Ivanhoe Mines LTD), Special Warrant Indenture (Ivanhoe Mines LTD), Special Warrant Indenture (Ivanhoe Mines LTD)

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GENERAL PROVISIONS AS TO CERTIFICATES. Each Certificate of the Company, and opinion of counsel ("Document") required under or referred to in this Indenture or furnished in connection with any application, written order or written request made to the Trustee or a Special Warrantholder pursuant to any provisions of this Indenture shall specify the section under which such Document, application, written order or written request is being made and shall include: (a) a statement that the person signing such Document has read and understands the conditions precedent with respect to compliance with which such evidence is being given; (b) a description of the nature and scope of the examination or investigation upon which the Document is based; and (c) a statement that the person providing the Document has made such examination or investigation as he believes is necessary to enable him to make the statements or give the opinions contained or expressed therein. Any application, written demand, statement, request, notice, designation, direction, nomination or other instrument to be made by the Company under any of the provisions of this Indenture shall, unless otherwise provided, be deemed sufficiently made and executed if executed by any one of the President, any Vice-President, the Secretary or the Chief Financial Officer of the Company and need not be under the corporate seal of the Company. The Trustee shall accept a certificate signed by the Secretary of the Company as sufficient evidence of the passage of any resolution by the directors. Any Document may be based, insofar as it relates to factual matters, upon information with respect to the Company which is in the possession of the Company or upon the certificate or opinion of or representations by an officer or officers of the Company, unless such counsel knows that the certificate or opinion or representations with respect to the matters upon which the certificate or opinion may be based as aforesaid are erroneous, or in the exercise of reasonable care should have known that the same were erroneous. Counsel in giving any opinion under this Indenture may rely in whole or in part upon the opinion of other counsel provided that counsel shall consider such other counsel as one upon whom he may properly rely. Any certificate of any expert, insofar as it relates to matters outside of such expert's ’s competence or responsibility, may be based upon a certificate or opinion of or upon representations by counsel or some other qualified expert, unless such first-mentioned expert knows that the certificate or opinion or representations with respect to the matters upon which his certificate may be based as aforesaid are erroneous, or in the exercise of reasonable care should have known that the same were erroneous.

Appears in 1 contract

Samples: Special Warrant Indenture (Ivanhoe Energy Inc)

GENERAL PROVISIONS AS TO CERTIFICATES. Each Certificate of the CompanyCorporation, and opinion of counsel ("Document") required under or referred to in this Indenture or furnished in connection with any application, written order or written request made to the Trustee or a Special Warrantholder pursuant to any provisions of this Indenture shall specify the section under which such Document, application, written order or written request is being made and shall include: (a) a statement that the person signing such Document has read and understands the conditions precedent with respect to compliance with which such evidence is being given; (b) a description of the nature and scope of the examination or investigation upon which the Document is based; and (c) a statement that the person providing the Document has made such examination or investigation as he believes is necessary to enable him to make the statements or give the opinions contained or expressed therein. Any application, written demand, statement, request, notice, designation, direction, nomination or other instrument to be made by the Company Corporation under any of the provisions of this Indenture shall, unless otherwise provided, be deemed sufficiently made and executed if executed by any one of the President, any Vice-President, the Secretary, the Assistant Secretary or the Chief Financial Officer of the Company Corporation and need not be under the corporate seal of the CompanyCorporation. The Trustee shall accept a certificate signed by the Secretary or the Assistant Secretary of the Company Corporation as sufficient evidence of the passage of any resolution by the directors. Any Document may be based, insofar as it relates to factual matters, upon information with respect to the Company Corporation which is in the possession of the Company Corporation or upon the certificate or opinion of or representations by an officer or officers of the CompanyCorporation, unless such counsel knows that the certificate or opinion or representations with respect to the matters upon which the certificate or opinion may be based as aforesaid are erroneous, or in the exercise of reasonable care should have known that the same were erroneous. Counsel in giving any opinion under this Indenture may rely in whole or in part upon the opinion of other counsel provided that counsel shall consider such other counsel as one upon whom he may properly rely. Any certificate of any expert, insofar as it relates to matters outside of such expert's competence or responsibility, may be based upon a certificate or opinion of or upon representations by counsel or some other qualified expert, unless such first-mentioned expert knows that the certificate or opinion or representations with respect to the matters upon which his certificate may be based as aforesaid are erroneous, or in the exercise of reasonable care should have known that the same were erroneous.

Appears in 1 contract

Samples: Special Warrant Indenture (Global Gold Corp)

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GENERAL PROVISIONS AS TO CERTIFICATES. Each Certificate of the Company, Company and opinion of counsel ("DocumentDOCUMENT") required under or referred to in this Indenture or furnished in connection with any application, written order or written request made to the Trustee or a Special Warrantholder pursuant to any provisions of this Indenture shall specify the section under which such Document, application, written order or written request is being made and shall include: (a) a statement that the person signing such Document has read and understands the conditions precedent with respect to compliance with which such evidence is being given; (b) a description of the nature and scope of the examination or investigation upon which the Document is based; and (c) a statement that the person providing the Document has made such examination or investigation as he believes is necessary to enable him to make the statements or give the opinions contained or expressed therein. Any application, written demand, statement, request, notice, designation, direction, nomination or other instrument to be made by the Company under any of the provisions of this Indenture shall, unless otherwise provided, be deemed sufficiently made and executed if executed by any one of the President, any Vice-President, the Secretary officer or the Chief Financial Officer director of the Company and need not be under the corporate seal of the Company. The Trustee shall accept a certificate signed by the Secretary any officer or director of the Company as sufficient evidence of the passage of any resolution by the directors. Any Document opinion of counsel may be based, insofar as it relates to factual matters, upon information with respect to the Company which is in the possession of the Company or upon the certificate or opinion of or representations by an officer or officers of the Company, unless such counsel knows that the certificate or opinion or representations with respect to the matters upon which the certificate or opinion may be based as aforesaid are erroneouserroneous or, or in the exercise of reasonable care care, should have known that the same were are erroneous. Counsel Counsel, in giving any opinion under this Indenture Indenture, may rely in whole or in part upon the opinion of other counsel counsel, provided that counsel shall consider such other counsel as one upon whom he may properly rely. Any certificate of any expert, insofar as it relates to matters outside of such expert's competence or responsibility, may be based upon a certificate or opinion of or upon representations by counsel or some other qualified expert, unless such first-mentioned expert knows that the certificate or opinion or representations with respect to the matters upon which his certificate may be based as aforesaid are erroneouserroneous or, or in the exercise of reasonable care care, should have known that the same were are erroneous.

Appears in 1 contract

Samples: Warrant Indenture (Softquad Software LTD)

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