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 19 contracts
Samples: Indenture (Healthcare Realty Holdings, L.P.), Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, 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 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.), Paying Agent (Digital Realty Trust, L.P.), Paying Agent (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: Indenture (Digital Turbine Usa, Inc.), Indenture (Digital Turbine, Inc.), Indenture (Digital Turbine, 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 (Baidu, 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.), The Agreement and Plan of Merger (Sunedison, 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’ Officer’s Certificate delivered to the Trustee.
Appears in 11 contracts
Samples: Indenture (Jazz Pharmaceuticals PLC), Indenture (Jazz Pharmaceuticals PLC), Hc2 Holdings, 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 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 (Imclone Systems Inc/De), Lease (Getty Images Inc), Indenture (Conexant Systems 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 9 contracts
Samples: Registration Rights Agreement (Walter Industries Inc /New/), Indenture (Compudyne Corp), Indenture (Kellwood Co)
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: IMH Financial Corp, IMH Financial Corp, Indenture (IMH Financial 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 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 7.017.01 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 8 contracts
Samples: Satisfaction and Discharge of Indenture (Healthcare Realty Holdings, L.P.), Satisfaction and Discharge of Indenture (Healthcare Realty Holdings, L.P.), Healthcare Realty Holdings, 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’ Officer’s Certificate delivered to the Trustee.
Appears in 7 contracts
Samples: Indenture (Herbalife Nutrition Ltd.), Indenture (Herbalife Ltd.), Lumentum Holdings 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 7 contracts
Samples: Warrant Agreement (Gevo, Inc.), Indenture (Gevo, Inc.), Registration Rights Agreement (Gevo, 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 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 (Telxon Corp), Indenture (National Semiconductor Corp), Indenture (Telxon 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: Purchase Agreement (Alterra Healthcare Corp), Kellstrom Industries Inc, Whole Foods Market 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 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 (Patriot Coal CORP), Indenture (Borland Software Corp)
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 (Town & Country Trust), Indenture (CSK Auto Corp), Indenture (Triarc Companies 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.), 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), Mentor Graphics Corp, Mentor Graphics Corp
Officer’s Certificate as Evidence. Except as otherwise specifically provided in Section 7.01or prescribed by this Indenture, 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 if acting in good faith, may rely upon an Officers’ Certificate delivered to the TrusteeOfficer’s Certificate.
Appears in 3 contracts
Samples: Trust Indenture, Kirkland Lake Gold Ltd., Trust Indenture (Endeavour Silver Corp)
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: Tower Semiconductor LTD, Tower Semiconductor LTD, Tower Semiconductor 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, 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: At Home Corp, Semtech Corp, Viropharma Inc
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 7.01, 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 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: Sabra Health Care REIT, Inc., Care Capital Properties, 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, 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 7.019.01, 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: Wilson Greatbatch (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: document.epiq11.com, Immunogen 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), Williams Companies 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: Globespan Inc/De, LTX 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 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: Securities Purchase Agreement (System Software Associates Inc), System Software (System Software Associates 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), Supplemental Indenture (Evergreen Solar 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 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), Advanced Medical Optics (Advanced Medical Optics Inc)
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: BFD Preferred Capital Trust Ii
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 7.018.01, 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 7.017.01 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 7.016.01 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, 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)
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: Burr Brown Corp
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 negligence 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 Officer’s Certificate, in the absence of negligence and willful misconduct on
Appears in 1 contract
Samples: Indenture (Scorpio Tankers 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. Section 7.08.
Appears in 1 contract
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 7.01, whenever 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) , the Trustee may, in the absence of gross negligence, bad faith, recklessness or faith and willful misconduct on the part of the Trustee, be deemed to be request and conclusively proved and established by rely on an Officers’ Certificate delivered to the TrusteeCertificate.
Appears in 1 contract
Samples: Indenture (Realpage 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, be deemed to be conclusively proved and established by an Officers’ Certificate delivered to the Trustee.
Appears in 1 contract
Samples: 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 7.0112.01, 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: 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: Amcore Capital Trust I
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 7.018.01, 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.
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Samples: Indenture (Mentor Graphics Corp)
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.
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Samples: Seacor Holdings Inc /New/
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.
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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.
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Samples: Riverstone Networks 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.
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Samples: Lucent 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.
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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.
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Samples: Cash America International 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 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.
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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.
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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.
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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 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.
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