Common use of Officers' Certificate and Opinion of Counsel Clause in Contracts

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entity, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE

Appears in 15 contracts

Samples: Subordinated Indenture (Liberty Property Limited Partnership), Indenture (Mindspring Enterprises Inc), Indenture (JDN Realty Corp)

AutoNDA by SimpleDocs

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, conveyance, assignment, transfer or lease or conveyance permitted under Section 801 is also subject to the condition that the Trustee receive shall have received an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease conveyance, transfer, assignment or conveyancelease, and the assumption by any successor entityPerson and any such supplemental indenture, complies comply with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE.

Appears in 15 contracts

Samples: Indenture (FedNat Holding Co), Indenture (FEDNAT HOLDING Co), Indenture (FEDNAT HOLDING Co)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entitycorporation, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE.

Appears in 12 contracts

Samples: Indenture (Evans Withycombe Residential Lp), Indenture (Bay Apartment Communities Inc), Indenture (Trinet Corporate Realty Trust Inc)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entity, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINENINE SUPPLEMENTAL INDENTURES

Appears in 10 contracts

Samples: Indenture (Unumprovident Financing Trust Iii), Indenture (Union Planters Corp), Indenture (Bugaboo Creek Holdings Inc)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entitycorporation, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINENINE - SUPPLEMENTAL INDENTURES

Appears in 10 contracts

Samples: Indenture (Bay Apartment Communities Inc), Indenture (Western Investment Real Estate Trust), Indenture (Wyman Gordon Co)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entitycorporation, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE

Appears in 10 contracts

Samples: Indenture Agreement (Price Development Co Lp), Indenture (Developers Diversified Realty Corp), Indenture (Duke Realty Investments Inc)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 is also subject to the condition that the Trustee receive from the Company with respect to Section 801 an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entity, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE.

Appears in 9 contracts

Samples: Indenture (Carramerica Realty Corp), Indenture (Capitalsource Inc), Indenture (Carramerica Realty Corp)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entity, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE.

Appears in 9 contracts

Samples: Indenture (Prologis Yen Finance LLC), Indenture (Prologis, L.P.), Indenture (Prologis Yen Finance LLC)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entitycorporation, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINENINE SUPPLEMENTAL INDENTURES

Appears in 7 contracts

Samples: Indenture (Bre Properties Inc /Md/), Indenture (Equity Office Properties Trust), Indenture (Bre Properties Inc /Md/)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 8.01 is also subject to the condition that the Indenture Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entitycorporation, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE.

Appears in 5 contracts

Samples: Indenture (Lexington Corporate Properties Inc), Indenture (Chartermac), Indenture (Beazer Homes Usa Inc)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 8.01 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entitycorporation, complies with the provisions of this Article VIII and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE.

Appears in 5 contracts

Samples: Indenture (Franchise Finance Corp of America), Indenture (Franchise Finance Corp of America), Indenture (Metropolitan Mortgage & Securities Co Inc)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entitycorporation, complies with the provisions of this Article Eight and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE

Appears in 5 contracts

Samples: Indenture (Shurgard Storage Centers Inc), Indenture (Shurgard Storage Centers Inc), Indenture (Realty Income Corp)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 8.1 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entitycorporation, complies with the provisions of this Article VIII and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE.

Appears in 4 contracts

Samples: Indenture (Commercial Net Lease Realty Inc), Indenture (Commercial Net Lease Realty Inc), Indenture (Commercial Net Lease Realty Inc)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 8.1 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entitycorporation, complies with the provisions of this Article Eight and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE.

Appears in 4 contracts

Samples: Indenture (Leap Wireless International Inc), Indenture (Neurocrine Biosciences Inc), Indenture (Viasat Inc)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entity, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINENINE - SUPPLEMENTAL INDENTURES

Appears in 2 contracts

Samples: Indenture (Summit Properties Partnership L P), Indenture (Gables Realty Limited Partnership)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entityCorporation, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE

Appears in 2 contracts

Samples: Indenture (Crescent Real Estate Equities LTD Partnership), Indenture (Criimi Mae Inc)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease lease, assignment, transfer or conveyance permitted under Section 801 is also subject to the condition precedent that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease lease, assignment, transfer or conveyance, and the assumption by any successor entitycorporation, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINENINE SUPPLEMENTAL INDENTURES

Appears in 2 contracts

Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entity, complies with the provisions of this Article and that all conditions precedent herein in this Indenture provided for relating to such transaction have been complied with. ARTICLE NINE

Appears in 2 contracts

Samples: Indenture (Friedmans Management Corp), Indenture (Friedmans Management Corp)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease lease, assignment, transfer, conveyance or conveyance merger permitted under Section 801 is also subject to the condition precedent that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease lease, assignment, transfer, conveyance or conveyancemerger, and the assumption by any successor entityPerson, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE.

Appears in 1 contract

Samples: Indenture (Amb Property Corp)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entityCorporation, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINENINE SUPPLEMENTAL INDENTURES

Appears in 1 contract

Samples: Indenture (Arden Realty LTD)

AutoNDA by SimpleDocs

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 8.01 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entitycorporation, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINENINE - SUPPLEMENTAL INDENTURES

Appears in 1 contract

Samples: Indenture (Boston Properties LTD Partnership)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease lease, assignment, transfer, conveyance or conveyance merger permitted under Section 801 is also subject to the condition precedent that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease lease, assignment, transfer, conveyance or conveyancemerger, and the assumption by any successor entityPerson, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE.

Appears in 1 contract

Samples: Indenture (Amb Property Corp)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entitycorporation, complies with the provisions of this Article Eight and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE50

Appears in 1 contract

Samples: Indenture (Pan Pacific Retail Properties Inc)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 subsection (a) above is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entitycorporation, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINESIX

Appears in 1 contract

Samples: Indenture (Beazer Homes Usa Inc)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 is also subject to - 53 - the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entity, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINENINE SUPPLEMENTAL INDENTURES

Appears in 1 contract

Samples: Indenture (Centerpoint Properties Trust)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease lease, assignment, transfer, conveyance or conveyance merger permitted under Section 801 is also subject to the condition precedent that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease lease, assignment, transfer or conveyance, and the assumption by any successor entity, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINEcorporation,

Appears in 1 contract

Samples: Indenture (Amb Property Ii Lp)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entity, complies with the provisions of this Article Eight and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE.

Appears in 1 contract

Samples: Indenture (Kilroy Realty, L.P.)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 or a transaction contemplated by Section 804 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entitycorporation, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE.

Appears in 1 contract

Samples: Indenture (Simon Property Group Lp)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 is also subject to the condition that the Trustee receive an Officers' Certificate or a Guarantor’s Officers’ Certificate, as applicable, and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entitycorporation, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE.”

Appears in 1 contract

Samples: First Supplemental Indenture (Eop Operating LTD Partnership)

Officers' Certificate and Opinion of Counsel. Any -------------------------------------------- consolidation, merger, sale, lease lease, assignment, transfer or conveyance permitted under Section 801 is also subject to the condition precedent that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease lease, assignment, transfer or conveyance, and the assumption by any successor entitycorporation, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE.

Appears in 1 contract

Samples: Indenture (Bre Properties Inc /Md/)

Officers' Certificate and Opinion of Counsel. Any consolidation, merger, sale, lease or conveyance permitted under Section 801 8.1 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entity, complies with the provisions of this Article and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINEsuccessor

Appears in 1 contract

Samples: Indenture (Excel Legacy Corp)

Officers' Certificate and Opinion of Counsel. 48 Any consolidation, merger, sale, lease or conveyance permitted under Section 801 8.1 is also subject to the condition that the Trustee receive an Officers' Certificate and an Opinion of Counsel to the effect that any such consolidation, merger, sale, lease or conveyance, and the assumption by any successor entitycorporation, complies with the provisions of this Article Eight and that all conditions precedent herein provided for relating to such transaction have been complied with. ARTICLE NINE.

Appears in 1 contract

Samples: Indenture (Price Legacy Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!