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)
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)
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
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
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
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)