Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 and 6.2, 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 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, and such certificate, in the absence of negligence or willful misconduct on the part of the Trustee, 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 68 contracts
Samples: Indenture (Tib Financial Corp.), Indenture (Southern Heritage Bancorp Inc), Indenture (James River Group, INC)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 6.01 and 6.26.02, 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 negligence or willful misconduct bad faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee, and such certificate, in the absence of negligence or willful misconduct bad faith on the part of the Trustee, 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 57 contracts
Samples: Indenture (East West Bancorp Capital Trust I), Indenture (Trenwick Capital Trust I), Indenture (Life Re Capital Trust Ii)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 6.01 and 6.26.02, 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 herein specifically prescribed) may, in the absence of negligence or willful misconduct bad faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee, and such certificate, in the absence of negligence or willful misconduct bad faith on the part of the Trustee, 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 27 contracts
Samples: Indenture (Countrywide Financial Corp), Indenture (James River Group, INC), Indenture (James River Group, INC)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 and 6.2Section 8.1, 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 negligence or negligence, willful misconduct misconduct, recklessness and bad faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee, and such certificateOfficers' Certificate, in the absence of negligence or negligence, willful misconduct misconduct, recklessness and bad faith on the part of the Trustee, 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 11 contracts
Samples: Indenture (Sepracor Inc /De/), Indenture (S3 Inc), Indenture (Cephalon Inc)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 and 6.2Section 8.01, 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 negligence or negligence, willful misconduct misconduct, recklessness and bad faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' ’ Certificate delivered to the Trustee, and such certificateOfficers’ Certificate, in the absence of negligence or negligence, willful misconduct misconduct, recklessness and bad faith on the part of the Trustee, 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 10 contracts
Samples: Indenture (Alaska Communications Systems Group Inc), Indenture (Blackrock Inc /Ny), Indenture (Teradyne, Inc)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 and 6.2Section 7.1, 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 negligence or willful misconduct bad faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee, and such certificateOfficers' Certificate, in the absence of negligence or willful misconduct bad faith on the part of the Trustee, 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 9 contracts
Samples: Indenture (Rac Financial Group Inc), Indenture (Penn Treaty American Corp), Indenture (Royal Aloha Development Co)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 and 6.2Section 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 negligence or negligence, willful misconduct misconduct, recklessness and bad faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' ’ Certificate delivered to the Trustee, and such certificateOfficers’ Certificate, in the absence of negligence or negligence, willful misconduct misconduct, recklessness and bad faith on the part of the Trustee, 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 9 contracts
Samples: Indenture (Unisys Corp), Indenture (Whiting Petroleum Corp), Indenture (LGI Homes, Inc.)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 6.01 and 6.26.02, 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 or omitting any action hereunder, such matter (unless other evidence in respect thereof be is herein specifically prescribed) may, in the absence of negligence or willful misconduct bad faith on the part of the Debenture Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Debenture Trustee, and such certificate, in the absence of negligence or willful misconduct bad faith on the part of the Debenture Trustee, shall be full warrant to the Debenture Trustee for any action taken or omitted by it under the provisions of this Indenture upon the faith thereof.
Appears in 5 contracts
Samples: Indenture (Commerce Capital Trust Ii), Indenture (Mainstreet Bankgroup Inc), Indenture (American Home Mortgage Investment Corp)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 and 6.2Section 8.01, 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 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, and such certificate, in the absence of negligence or willful misconduct on the part of the Trustee, 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 5 contracts
Samples: Indenture (Equistar Funding Corp), Indenture (Betzdearborn Inc), Indenture (Lyondell Petrochemical Co)
Officer’s Certificate as Evidence. Except as otherwise ------------------------------------ provided in Sections 6.1 and 6.2, 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 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, and such certificate, in the absence of negligence or willful misconduct on the part of the Trustee, 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 5 contracts
Samples: Indenture (Intervest Bancshares Corp), Indenture (Gateway Bancshares Inc /Ga/), Indenture (Florida Banks Inc)
Officer’s Certificate as Evidence. Except as otherwise --------------------------------- provided in Sections 6.1 and 6.2, 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 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, and such certificate, in the absence of negligence or willful misconduct on the part of the Trustee, 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 4 contracts
Samples: Indenture (Alabama National Bancorporation), Indenture (Prosperity Bancshares Inc), Indenture (First Banks, Inc)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 6.01 and 6.26.02, 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 herein specifically prescribed) may, in the absence of negligence or negligence, 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, and such certificate, in the absence of negligence or negligence, willful misconduct or bad faith on the part of the Trustee, 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 4 contracts
Samples: Indenture (Hf Financial Corp), Indenture (Tib Financial Corp.), Indenture (Kingsway Financial Services Inc)
Officer’s Certificate as Evidence. Except as otherwise ---------------------------------- provided in Sections 6.1 and 6.2, 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 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, and such certificate, in the absence of negligence or willful misconduct on the part of the Trustee, 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 4 contracts
Samples: Indenture (First Banks Inc), Indenture (First Banks, Inc), Indenture (First Banks, Inc)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 and 6.2Section 8.01, 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 negligence or negligence, willful misconduct misconduct, recklessness and bad faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee, and such certificateOfficers' Certificate, in the absence of negligence or negligence, willful misconduct misconduct, recklessness and bad faith on the part of the Trustee, 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 (Albany International Corp /De/), Indenture (Lifepoint Hospitals, Inc.), Indenture (Lifepoint Hospitals, Inc.)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 6.01 and 6.26.02, 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 negligence negligence, bad 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, and such certificateOfficers’ Certificate, in the absence of negligence negligence, bad faith or willful misconduct on the part of the Trustee, shall be full warrant to the Trustee for any action taken or omitted by it under the provisions of this Indenture upon the faith thereofin reliance thereon.
Appears in 3 contracts
Samples: Indenture (Flushing Financial Corp), Indenture (Flushing Financial Corp), Indenture for Subordinated Notes (State Bancorp Inc)
Officer’s Certificate as Evidence. Except as otherwise ----------------------------------- provided in Sections 6.1 and 6.2, 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 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, and such certificate, in the absence of negligence or willful misconduct on the part of the Trustee, 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 (Intervest Bancshares Corp), Indenture (Parke Bancorp, Inc.), Indenture (Intervest Bancshares Corp)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 SECTIONS 6.01 and 6.26.02, 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 negligence or willful misconduct bad faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee, and such certificate, in the absence of negligence or willful misconduct bad faith on the part of the Trustee, 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 2 contracts
Samples: Indenture (Illinois Power Co), Indenture (Illinois Power Co)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 6.01 and 6.26.02, 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 herein specifically prescribed) may, in the absence of negligence or negligence, 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, and such certificate, in the absence of negligence or negligence, willful misconduct or bad faith on the part of the Trustee, 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 2 contracts
Samples: Indenture (Flagstar Bancorp Inc), Indenture (American Safety Insurance Group LTD)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 and 6.2, whenever in the administration of the provisions of this Indenture the Debt 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 negligence or willful misconduct bad faith on the part of the Debt Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Debt Trustee, and such certificate, in the absence of negligence or willful misconduct bad faith on the part of the Debt Trustee, shall be full warrant to the Debt Trustee for any action taken or omitted by it under the provisions of this Indenture upon the faith thereof.
Appears in 2 contracts
Samples: Indenture (General Motors Capital Trust D), Indenture (General Motors Corp)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 and 6.2Section 8.1 or Section 8.2, 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 negligence or negligence, willful misconduct misconduct, recklessness and bad faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' ’ Certificate delivered to the Trustee, and such certificateOfficers’ Certificate, in the absence of negligence or negligence, willful misconduct misconduct, recklessness and bad faith on the part of the Trustee, 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 2 contracts
Samples: Indenture (Xcyte Therapies Inc), Indenture (Xcyte Therapies Inc)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 6.01 and 6.26.02, 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, the Trustee shall be entitled to receive, and such matter (unless other evidence in respect thereof be is herein specifically prescribed) may, in the absence of negligence or willful misconduct bad faith on the part of the Trustee, be deemed to be conclusively proved and established by by, an Officers' Certificate delivered to the Trustee, and such certificate, in the absence of negligence or willful misconduct bad faith on the part of the Trustee, shall be full warrant to the Trustee for any action taken or omitted by it under the provisions of this Indenture upon the faith thereofin reliance thereon.
Appears in 2 contracts
Samples: Indenture (Allmerica Financial Corp), Indenture (Equitable of Iowa Companies)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 and 6.2, 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 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, and such certificate, in the absence of negligence or willful misconduct on the part of the Trustee, 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 1 contract
Samples: Indenture (ACA Capital Holdings Inc)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 and 6.2Section 8.1, 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 negligence or negligence, willful misconduct misconduct, recklessness and bad faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' ’ Certificate delivered to the Trustee, and such certificateOfficers’ Certificate, in the absence of negligence or negligence, willful misconduct misconduct, recklessness and bad faith on the part of the Trustee, 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 1 contract
Samples: Indenture (Sepracor Inc /De/)
Officer’s Certificate as Evidence. Except as otherwise provided in Subject to the provisions of Sections 6.1 7.01 and 6.27.02, 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 taking, omitting 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 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, and such certificate, in the absence of negligence or willful misconduct on the part of the Trustee, shall be full warrant to the Trustee for any action taken taken, omitted or omitted suffered by it under the provisions of this Indenture upon the faith thereof.
Appears in 1 contract
Samples: Indenture (Pico Holdings Inc /New)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 and 6.2, . 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 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, and such certificate, in the absence of negligence or willful misconduct on the part of the Trustee, 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 1 contract
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 and 6.2Section 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 negligence or negligence, willful misconduct and recklessness on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' ’ Certificate delivered to the Trustee, and such certificateOfficers’ Certificate, in the absence of negligence or negligence, willful misconduct and recklessness on the part of the Trustee, 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 1 contract
Samples: Indenture (On Semiconductor Corp)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 and 6.2Section 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 negligence or and 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, and such certificateOfficer’s Certificate, in the absence of negligence or and willful misconduct on the part of the Trustee, 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.on
Appears in 1 contract
Samples: Indenture (Scorpio Tankers Inc.)
Officer’s Certificate as Evidence. Except as otherwise provided in Sections 6.1 6.01 and 6.26.02, whenever 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 negligence or negligence, 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, and such certificate, in the absence of negligence or negligence, willful misconduct or bad faith on the part of the Trustee, 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 1 contract
Samples: Indenture (Service 1st Bancorp)
Officer’s Certificate as Evidence. Except as otherwise ------------------------------------- provided in Sections 6.1 and 6.2, 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 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, and such certificate, in the absence of negligence or willful misconduct on the part of the Trustee, 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 1 contract
