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)
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
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
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
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
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
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
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
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
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
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
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)