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

Officer’s Certificate as Evidence. Whenever in the administration of this Indenture, the Trustee shall deem it necessary or desirable that a matter be proved or established prior to the taking, suffering or omitting of any action hereunder, such matter (unless other evidence in respect thereof is herein specifically prescribed) may, in the absence of negligence 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 Officers' Certificate, in the absence of negligence or bad faith on the part of the Trustee, shall be full warrant to the Trustee for any action taken, suffered or omitted by it under this Indenture in reliance thereon.

Appears in 27 contracts

Samples: Indenture for Senior Debt Securities (KCPL Financing Ii), Indenture for Subordinated Debt Securities (Kansas City Power & Light Co), Indenture for Subordinated Debt Securities (Great Plains Energy Inc)

AutoNDA by SimpleDocs

Officer’s Certificate as Evidence. Whenever Subject to the provisions of Section 7.01, 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 the taking, taking or suffering or omitting of any action to be taken hereunder, such matter (unless other evidence in respect thereof is be herein specifically prescribed) may, in the absence of negligence 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 Officers' Certificate, in the absence of negligence or bad faith on the part of the Trustee, shall be full warrant to the Trustee for any action taken, suffered or omitted by it under the provisions of this Indenture in reliance thereonupon the faith thereof.

Appears in 9 contracts

Samples: Indenture (Gmac Residential Holding Corp.), Subordinated Indenture (Residential Capital Corp), Indenture (Aon Corp)

Officer’s Certificate as Evidence. Whenever Subject to the provisions of Section 7.01, 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 the taking, taking or suffering or omitting of any action to be taken hereunder, such matter (unless other evidence in respect thereof is be herein specifically prescribed) may, in the absence of negligence 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 Officers' Certificatecertificate, in the absence of negligence or bad faith on the part of the Trustee, shall be full warrant to the Trustee for any action taken, suffered or omitted by it under the provisions of this Indenture in reliance thereonupon the faith thereof.

Appears in 8 contracts

Samples: Subordinated Indenture (Howard Bancorp Inc), Subordinated Indenture (Howard Bancorp Inc), Senior Indenture (Howard Bancorp Inc)

Officer’s Certificate as Evidence. Whenever Subject to the provisions of Section 7.01, 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 the taking, taking or suffering or omitting of any action to be taken hereunder, such matter (unless other evidence in respect thereof is be herein specifically prescribed) may, in the absence of negligence 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 Officers' Certificatecertificate, in the absence of negligence or bad faith on the part of the Trustee, shall be full warrant to the Trustee for any action taken, suffered or omitted by it under the provisions of this Indenture in reliance thereonupon the faith thereof.

Appears in 6 contracts

Samples: Subordinated Indenture (BCB Bancorp Inc), Subordinated Indenture (BCB Bancorp Inc), Indenture (Biomimetic Therapeutics, Inc.)

Officer’s Certificate as Evidence. Whenever Except as otherwise provided in Sections 6.1 and 6.2, 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 the taking, suffering taking or omitting of any action hereunder, such matter (unless other evidence in respect thereof is herein specifically prescribed) may, in the absence of negligence 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 Officers' Certificatecertificate, in the absence of negligence or bad faith on the part of the Trustee, shall be full warrant to the Trustee for any action taken, suffered taken or omitted by it under the provisions of this Indenture in reliance thereonupon the faith thereof.

Appears in 5 contracts

Samples: Indenture (Bancfirst Corp /Ok/), Indenture (Safeco Corp), Indenture (Continucare Corp)

Officer’s Certificate as Evidence. Whenever in the administration of this Indenture, the Trustee shall deem it necessary or desirable that a matter be proved or established prior to the taking, suffering or omitting of any action hereunder, such matter (unless other evidence in respect thereof is herein specifically prescribed) may, in the absence of negligence 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 Officers' Certificate, in the absence of negligence or bad faith on the part of the Trustee, shall be full warrant to the Trustee for any action taken, suffered or omitted by it under this Indenture in reliance thereon.

Appears in 4 contracts

Samples: Subordinated Indenture (Xcel Energy Inc), Subordinated Indenture (Great Plains Energy Inc), Subordinated Indenture (Great Plains Energy Inc)

Officer’s Certificate as Evidence. 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 the taking, suffering taking or omitting of any action hereunder, such matter (unless other evidence in respect thereof is be herein specifically prescribed) may, in the absence of negligence or bad 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, and such Officers' Officer’s Certificate, in the absence of negligence or bad faith on the part of the Trustee, shall be full warrant to the Trustee for any action taken, suffered taken or omitted by it under the provisions of this Indenture in reliance thereonupon the faith thereof.

Appears in 4 contracts

Samples: Indenture (Inotek Pharmaceuticals Corp), Indenture (Inotek Pharmaceuticals Corp), Indenture (Inotek Pharmaceuticals Corp)

Officer’s Certificate as Evidence. Whenever Subject to the provisions of Section 7.01, 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 the taking, taking or suffering or omitting of any action to be taken hereunder, such matter (unless other evidence in respect thereof is be herein specifically prescribed) may, in the absence of negligence or bad 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, and such Officers' Certificatecertificate, in the absence of negligence or bad faith on the part of the Trustee, shall be full warrant to the Trustee for any action taken, suffered or omitted by it under the provisions of this Indenture in reliance thereonupon the faith thereof.

Appears in 3 contracts

Samples: Subordinated Indenture (Simmons First National Corp), Subordinated Indenture (Simmons First National Corp), Senior Indenture (Simmons First National Corp)

AutoNDA by SimpleDocs

Officer’s Certificate as Evidence. Whenever Except as otherwise provided in Section 7.01, 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 the taking, suffering taking or omitting of any action hereunder, such matter (unless other evidence in respect thereof is be herein specifically prescribed) may, in the absence of gross negligence or bad faith and 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 Officers' Certificate, in the absence of negligence or bad faith on the part of the Trustee, ’ Certificate shall be full warrant to the Trustee for any action taken, suffered taken or omitted by it under the provisions of this Indenture in reliance thereonupon the faith thereof.

Appears in 1 contract

Samples: Indenture (Veeco Instruments Inc)

Officer’s Certificate as Evidence. Whenever in the administration of this Indenture, the Trustee shall deem it necessary or desirable that a matter be proved or established prior to the taking, suffering or omitting of any action hereunder, such matter (unless other evidence in respect thereof is herein specifically prescribed) may, in the absence of negligence 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 Officers' Certificate, in the absence of negligence or bad faith on the part of the Trustee, shall be full warrant warranty to the Trustee for any action taken, suffered or omitted by it under this Indenture in reliance thereon.

Appears in 1 contract

Samples: Indenture Agreement (Oge Energy Corp)

Officer’s Certificate as Evidence. Whenever in the administration of this Indenture, the Trustee shall deem it necessary or desirable that a matter be proved or established prior to the taking, suffering or omitting of any action hereunder, such matter (unless other evidence in respect thereof is herein specifically prescribed) may, and the Trustee shall be entitled to receive, in the absence of negligence or bad faith on the part of the Trustee, be deemed to be conclusively proved and established by by, an Officers' Officer's Certificate delivered to the Trustee, and such Officers' Certificate, in the absence of negligence or bad faith on the part of the Trustee, shall be full warrant to the Trustee for any action taken, suffered or omitted by it under this Indenture in reliance thereon.

Appears in 1 contract

Samples: Senior Unsecured Note Indenture (Nevada Power Co)

Officer’s Certificate as Evidence. Whenever Except as otherwise provided in Section 7.01, 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 the taking, suffering taking or omitting of any action hereunder, such matter (unless other evidence in respect thereof is be herein specifically prescribed) may, in the absence of gross negligence or bad faith and 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 Officers' Certificate, in the absence of negligence or bad faith on the part of the Trustee, shall be full warrant to the Trustee for any action taken, suffered taken or omitted by it under the provisions of this Indenture in reliance thereonupon the faith thereof.

Appears in 1 contract

Samples: Indenture (Veeco Instruments Inc)

Officer’s Certificate as Evidence. 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 the taking, suffering taking or omitting of any action hereunder, such matter (unless other evidence in respect thereof is be herein specifically prescribed) may, in the absence of negligence 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 Officers' Certificate, in the absence of negligence or bad faith on the part of the Trustee, shall be full warrant to the Trustee for any action taken, suffered taken or omitted by it under the provisions of this Indenture in reliance thereonupon the faith thereof.

Appears in 1 contract

Samples: Indenture (Magna International Inc)

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