Common use of Officer’s Certificate as Evidence Clause in Contracts

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 27 contracts

Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp)

AutoNDA by SimpleDocs

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness or willful misconduct on the part of the Trustee, may be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee, and such Officers’ Certificate shall be full warrant to the Trustee for any action taken or omitted by it under the provisions of this Indenture upon the faith thereof.

Appears in 22 contracts

Samples: Indenture (Bilibili Inc.), Indenture (NIO Inc.), Indenture (Trip.com Group LTD)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.017.01 hereof, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 20 contracts

Samples: Subordinated Indenture (Healthcare Realty Holdings, L.P.), Subordinated Indenture (Healthcare Realty Holdings, L.P.), Senior Indenture (Healthcare Realty Holdings, L.P.)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness faith or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 16 contracts

Samples: Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.0110.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 14 contracts

Samples: First Supplemental Indenture (Digital Turbine Usa, Inc.), Indenture (Digital Turbine, Inc.), Indenture (Amyris, Inc.)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness or willful misconduct on the part of the Trustee, may be deemed to be conclusively proved and established by an Officers’ Officer’s Certificate delivered to the Trustee, and such Officer’s Certificate shall be full warrant to the Trustee for any action taken or omitted by it under the provisions of this Indenture upon the faith thereof.

Appears in 14 contracts

Samples: Indenture (Global Payments Inc), Indenture (iQIYI, Inc.), Indenture (iQIYI, Inc.)

Officer’s Certificate as Evidence. Except as otherwise provided in Subject to Section 7.0111.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness or willful misconduct faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Officer’s Certificate delivered to the Trustee.

Appears in 13 contracts

Samples: Indenture (Teligent, Inc.), Indenture (Teligent, Inc.), Indenture (Teligent, Inc.)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.017.01 hereof, whenever in the administration of the provisions of this Supplemental Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 11 contracts

Samples: Supplemental Indenture, Supplemental Indenture, Supplemental Indenture

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.0111.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Officer’s Certificate delivered to the Trustee.

Appears in 11 contracts

Samples: Indenture (Hc2 Holdings, Inc.), Indenture (Jazz Pharmaceuticals PLC), Indenture (Jazz Pharmaceuticals PLC)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.018.1, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 10 contracts

Samples: Indenture (Conexant Systems Inc), Indenture (International Rectifier Corp /De/), Indenture (Imclone Systems Inc/De)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.018.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness faith or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 9 contracts

Samples: Indenture (IMH Financial Corp), Indenture (IMH Financial Corp), Indenture (IMH Financial Corp)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.018.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness faith or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 9 contracts

Samples: Indenture (Walter Industries Inc /New/), Indenture (Wild Oats Markets Inc), Indenture (Amdocs LTD)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.019.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness faith or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 8 contracts

Samples: Indenture (Commscope Inc), Indenture (Commscope Inc), Indenture (Celgene Corp /De/)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.0111.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 7 contracts

Samples: Indenture (Gevo, Inc.), Indenture (Gevo, Inc.), Exchange and Purchase Agreement (Gevo, Inc.)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.0110.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Officer’s Certificate delivered to the Trustee.

Appears in 7 contracts

Samples: Indenture (Herbalife Nutrition Ltd.), Indenture (Lumentum Holdings Inc.), Indenture (Herbalife Ltd.)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.018.1, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, willful misconduct, recklessness, or bad faith, recklessness or willful misconduct faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 7 contracts

Samples: Indenture (Cymer Inc), Indenture (National Semiconductor Corp), Indenture (Telxon Corp)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.019.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 5 contracts

Samples: Indenture (Power One Inc), Indenture (Borland Software Corp), Indenture (Macrovision Corp)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.018.1, whenever wherever in the administration of the provisions of this Indenture Indenture, the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, willful misconduct, recklessness, or bad faith, recklessness or willful misconduct faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 5 contracts

Samples: Indenture (Atlantic Coast Airlines Inc), Indenture (Kellstrom Industries Inc), Indenture (Atlantic Coast Airlines Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.017.01 hereof, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Officer’s Certificate delivered to the Trustee.

Appears in 4 contracts

Samples: Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness faith or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 4 contracts

Samples: Indenture (Triarc Companies Inc), Indenture (CSK Auto Corp), Indenture (Town & Country Trust)

Officer’s Certificate as Evidence. Except as otherwise --------------------------------- provided in Section 7.018.1, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 3 contracts

Samples: Indenture (Semtech Corp), Indenture (At Home Corp), Indenture (Viropharma Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.01, whenever in the administration of the provisions of this Indenture the Trustee Trustees shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness faith or willful misconduct on the part of the TrusteeTrustees, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the TrusteeTrustees.

Appears in 3 contracts

Samples: Indenture (Tower Semiconductor LTD), Indenture (Tower Semiconductor LTD), Indenture (Tower Semiconductor LTD)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness faith or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 3 contracts

Samples: Indenture (Airtran Airways Inc), Indenture (O Reilly Automotive Inc), Indenture (CSK Auto Corp)

Officer’s Certificate as Evidence. Except as otherwise provided in Section ‎Section 7.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness or willful misconduct on the part of the Trustee, may be deemed to be conclusively proved and established by an Officers’ Officer’s Certificate delivered to the Trustee, and such Officer’s Certificate shall be full warrant to the Trustee for any action taken or omitted by it under the provisions of this Indenture upon the faith thereof.

Appears in 3 contracts

Samples: Indenture (Kosmos Energy Ltd.), Indenture (Advanced Energy Industries Inc), Indenture (LendingTree, Inc.)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.016.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness faith or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 3 contracts

Samples: Indenture (Commscope Inc), Indenture (Canadian Solar Inc.), Indenture (Andrew Corp)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.018.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 3 contracts

Samples: Indenture (GMX Resources Inc), Indenture (Mentor Graphics Corp), Indenture (Mentor Graphics Corp)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.017.1, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, willful misconduct, recklessness, or bad faith, recklessness or willful misconduct faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 2 contracts

Samples: Indenture (Flowers Industries Inc /Ga), Indenture (Flowers Industries Inc /Ga)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.018.1, whenever wherever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, willful misconduct, recklessness, or bad faith, recklessness or willful misconduct faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 2 contracts

Samples: Indenture (System Software Associates Inc), Securities Purchase Agreement (System Software Associates Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.019.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness faith or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Officer's Certificate delivered to the Trustee.

Appears in 2 contracts

Samples: Indenture (Williams Companies Inc), Indenture (Williams Companies Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.0112.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 2 contracts

Samples: Indenture (Evergreen Solar Inc), Indenture (Evergreen Solar Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.018.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, the Trustee may request the delivery of an Officers' Certificate and such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 2 contracts

Samples: Indenture (LTX Corp), Indenture (Globespan Inc/De)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.019.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 2 contracts

Samples: Indenture (Advanced Medical Optics Inc), Indenture (Advanced Medical Optics Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.017.01 hereof, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Officer’s Certificate or Opinion of Counsel, or both, delivered to the Trustee.

Appears in 2 contracts

Samples: Indenture (Sabra Health Care REIT, Inc.), Indenture (Care Capital Properties, Inc.)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.019.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness faith or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 2 contracts

Samples: Indenture (Wilson Greatbatch Technologies Inc), Indenture (Durect Corp)

Officer’s Certificate as Evidence. Except as otherwise provided in Subject to Section 7.0111.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness or willful misconduct on the part of the Trustee, may be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 2 contracts

Samples: Indenture, Indenture (Immunogen Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.01Sections 6.1 and 6.2, whenever in the administration of the provisions of this Indenture the Debenture Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking taking, suffering or omitting any action hereunder, such matter the Trustee (unless other evidence in respect thereof be is herein specifically prescribed) may, in the absence of gross negligence, negligence or bad faith, recklessness or willful misconduct faith on the part of the Debenture Trustee, be deemed to be conclusively proved and established by rely upon an Officers’ Certificate delivered to the Trustee' Certificate.

Appears in 1 contract

Samples: Indenture (CNBF Capital Trust I)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Ventas Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.017.1, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Luminent Mortgage Capital Inc)

AutoNDA by SimpleDocs

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Digital Realty Trust, L.P.)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.018.1, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Officer's Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Spectrasite Holdings Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.018.01 hereof, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness faith or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Kulicke & Soffa Industries Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.018.1, whenever in the administration of the provisions of this Indenture the Trustee shall 47 55 deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Burr Brown Corp)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.0112.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Officer’s Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Rovi Corp)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.01Sections 6.01 and 6.02, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be is herein specifically prescribed) may, in the absence of gross negligence, negligence or bad faith, recklessness or willful misconduct faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.' Certifi-

Appears in 1 contract

Samples: Indenture (Amcore Capital Trust I)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.0111.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Officer's Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Seacor Holdings Inc /New/)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.017.01 hereof, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Innovative Industrial Properties Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.018.01, whenever in the administration of the provisions of ---- this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness faith or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Axcelis Technologies Inc)

Officer’s Certificate as Evidence. Except as otherwise --------------------------------- provided in Section 7.018.1, whenever wherever in the administration of the provisions of ----------- this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct or bad faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (System Software Associates Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.019.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, the Trustee may request the delivery of an Officers' Certificate and such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Lucent Technologies Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.016.01 and 6.02, whenever in the administration of the provisions of this Indenture the Trustee Trustees shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness faith or willful misconduct on the part of the TrusteeTrustees, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the TrusteeTrustees.

Appears in 1 contract

Samples: Indenture (Topspin Medical Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.018.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness faith or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Officer's Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Headwaters Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Subject to the provisions of Section 7.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting suffering any action to be taken hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, negligence or bad faith, recklessness or willful misconduct faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to or an Officers’ Certificate of the Trustee.Guarantor, as

Appears in 1 contract

Samples: Indenture

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.018.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness faith or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Officer’s Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Headwaters Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness faith or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Officer’s Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Headwaters Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.018.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Mentor Graphics Corp)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.01Sections 6.01 and 6.02, whenever in the administration of the provisions of this Indenture Indenture, the Debenture Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be is herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (BFD Preferred Capital Trust Ii)

Officer’s Certificate as Evidence. Except as otherwise provided --------------------------------- in Section 7.018.1, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Riverstone Networks Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.017.01 hereof, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Lexington Realty Trust)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.01Sections 6.01 and 6.02, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be is herein specifically prescribed) may, in the absence of gross negligence, negligence or bad faith, recklessness or willful misconduct faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.to

Appears in 1 contract

Samples: Indenture (Ml Bancorp Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.0111.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (Inverness Medical Innovations Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.0110.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness or willful misconduct faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee; provided that the Trustee shall examine such Officers’ Certificate to determine whether or not it conforms to the requirements of this Indenture.

Appears in 1 contract

Samples: Indenture (Cash America International Inc)

Officer’s Certificate as Evidence. Except as otherwise provided in Section 7.018.01, whenever in the administration of the provisions of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or omitting any action hereunder, the Trustee may request the delivery of an Officers’ Certificate and such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence, bad faith, recklessness negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.

Appears in 1 contract

Samples: Indenture (LTX Corp)

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