Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 and 6.2, shall receive, in addition to the Opinion of Counsel required by Section 9.5, an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or other disposition, and any assumption, permitted or required by the terms of this Article XI complies with the provisions of this Article XI.
Appears in 69 contracts
Samples: Indenture (Southern Heritage Bancorp Inc), Indenture (ACA Capital Holdings Inc), Indenture (MortgageIT Holdings, Inc.)
Opinion of Counsel to Be Given to Trustee. The Trustee, ----------------------------------------- subject to the provisions of Sections 6.1 and 6.2, shall receive, in addition to the Opinion of Counsel required by Section 9.5, an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or other disposition, and any assumption, permitted or required by the terms of this Article XI complies with the provisions of this Article XI.
Appears in 10 contracts
Samples: Indenture (Intervest Bancshares Corp), Indenture (Prosperity Bancshares Inc), Indenture (New South Bancshares Inc)
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 6.01 and 6.26.02, shall receive, in addition to the Opinion of Counsel required by Section 9.5, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer conveyance or other dispositiontransfer, and any assumption, permitted or required by the terms of this Article XI X complies with the provisions of this Article XI.X.
Appears in 6 contracts
Samples: State National Companies, Inc., Indenture (First Mercury Financial Corp), Indenture (First Mercury Financial Corp)
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 6.01 and 6.26.02, shall receive, in addition to the Opinion of Counsel required by Section 9.59.05, an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or other disposition, and any assumption, permitted or required by the terms of this Article XI complies with the provisions of this Article XI.
Appears in 6 contracts
Samples: Indenture (Tib Financial Corp.), Indenture (Flagstar Bancorp Inc), Hf Financial Corp
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 8.01 and 6.28.02, shall receive, in addition to the Opinion of Counsel required by Section 9.5, receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer sale or other disposition, conveyance and any assumption, permitted or required by the terms of this Article XI such assumption complies with the provisions of this Article XIArticle.
Appears in 4 contracts
Samples: Indenture (Baltimore Gas & Electric Co), Consolidation, Merger and Sale (Baltimore Gas & Electric Co), Baltimore Gas & Electric Co
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 6.01 and 6.26.02, shall receive, in addition to the Opinion of Counsel required by Section 9.59.05, an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or other disposition, and any assumption, permitted or required by the terms of this Article XI X complies with the provisions of this Article XI.X.
Appears in 4 contracts
Samples: Indenture (National Commerce Capital Trust I), Indenture (Mercantile Bancorporation Inc), Indenture (Summit Capital Trust I)
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 and 6.2Section 7.1, shall receive, in addition to the Opinion of Counsel required by Section 9.5, may receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, merger or sale, conveyance, transfer or other disposition, and any such assumption, permitted or required by the terms of this Article XI complies with the provisions of this Article XIEleven.
Appears in 4 contracts
Samples: Itt Corp /Nv/, Itt Corp /Nv/, Itt Corp /Nv/
Opinion of Counsel to Be Given to Trustee. The Trustee, ------------------------------------------- subject to the provisions of Sections 6.1 and 6.2, shall receive, in addition to the Opinion of Counsel required by Section 9.5, an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or other disposition, and any assumption, permitted or required by the terms of this Article XI complies with the provisions of this Article XI.
Appears in 3 contracts
Samples: Indenture (Intervest Bancshares Corp), Indenture (Florida Banks Inc), Indenture (Florida Banks Inc)
Opinion of Counsel to Be Given to Trustee. The Trustee, Trustee subject to the provisions of Sections 6.1 7.1 and 6.27.2, shall receive, in addition to the Opinion of Counsel required by Section 9.5, receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or other disposition, lease and any assumption, permitted or required by the terms of this Article XI such assumption complies with the provisions of this Article XI.
Appears in 2 contracts
Samples: Indenture (Rac Financial Group Inc), Indenture (Adaptec Inc)
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections Section 6.1 and 6.2, shall receive, in addition to the Opinion of Counsel required by Section 9.5, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or other dispositionlease, and any assumption, permitted or required by the terms of this Article XI VIII, complies with the provisions of this Article XIVIII.
Appears in 2 contracts
Samples: Wachovia Capital Trust Iv, Wachovia Capital Trust Viii
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 and 6.2Section 8.1, shall receive, in addition to the Opinion of Counsel required by Section 9.5, may receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, merger or sale, conveyance, transfer or other disposition, and any such assumption, permitted or required by the terms of this Article XI complies with the provisions of this Article XITwelve.
Appears in 1 contract
Samples: Itt Corp
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 and 6.2, shall receive, in addition to the Opinion of Counsel required required. by Section 9.5, an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or other disposition, and any assumption, permitted or required by the terms of this Article XI complies with the provisions of this Article XI.
Appears in 1 contract
Samples: Tib Financial Corp.
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 and 6.2, shall receive, in addition to the Opinion of Counsel required by Section 9.5, be provided with an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, sale or conveyance, transfer or other disposition, and any such assumption, permitted or required by the terms of this Article XI complies with the provisions of this Article XIIX.
Appears in 1 contract
Samples: Health Net Inc
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 6.01 and 6.26.02, shall receive, in addition to the Opinion of Counsel required by Section 9.5, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or other disposition, and any assumption, permitted or required by the terms of this Article XI X complies with the provisions of this Article XI.X.
Appears in 1 contract
Samples: Indenture (Pxre Corp)
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 6.01 and 6.26.02, shall receive, in addition to the Opinion of Counsel required by Section 9.59.05, an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or other disposition, and any assumption, permitted or required by the terms of this Article XI complies with the provisions of this Article XI.XL
Appears in 1 contract
Samples: Indenture (Service 1st Bancorp)
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 8.01 and 6.28.02, shall receive, in addition to the Opinion of Counsel required by Section 9.5, receive an Opinion of Counsel as conclusive evidence that any 38 such consolidation, merger, sale, conveyance, transfer sale or other disposition, conveyance and any assumption, permitted or required by the terms of this Article XI such assumption complies with the provisions of this Article XIArticle.
Appears in 1 contract
Samples: Baltimore Gas and Electric Company (Atlantic City Electric Co)
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 and 6.2, shall receive, in addition to the Opinion of Counsel required by Section 9.5, be provided with an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer lease or other dispositiontransfer, and any such assumption, permitted or required by the terms of this Article XI complies with the provisions of this Article XIIX.
Appears in 1 contract
Samples: Indenture (PayPal Holdings, Inc.)
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 6.01 and 6.26.02, shall receive, in addition to the Opinion of Counsel required by Section 9.59.05, an Opinion of Counsel of the Company or the Guarantor, as the case may be, as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or other disposition, and any assumption, permitted or required by the terms of this Article XI complies with the provisions of this Article XI.
Appears in 1 contract
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 6.01 and 6.26.02, shall receive, in addition to the Opinion of Counsel required by Section 9.5, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, saleConversion, conveyance, transfer conveyance or other dispositiontransfer, and any assumption, permitted or required by the terms of this Article XI X complies with the provisions of this Article XI.X.
Appears in 1 contract
Samples: Pma Capital Corp
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 6.01 and 6.26.02, shall may receive, in addition to the Opinion of Counsel required by Section 9.59.05, an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or other disposition, and any assumption, permitted or required by the terms of this Article XI X complies with the provisions of this Article XI.X.
Appears in 1 contract
Samples: Indenture (Leucadia Capital Trust I)
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 6.01 and 6.26 02, shall receive, in addition to the Opinion of Counsel required by Section 9.59.05, an Opinion of Counsel of the Company or the Guarantor, as the case may be, as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or other disposition, and any assumption, permitted or required by the terms of this Article XI complies with the provisions of this Article XI.
Appears in 1 contract
Samples: Kingsway Financial Services Inc
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 8.01 and 6.28.02, shall receive, in addition to the Opinion of Counsel required by Section 9.5, receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer sale conveyance or other disposition, lease and any assumption, permitted or required by the terms of this Article XI such assumption complies with the provisions of this Article XITwelve and that all conditions precedent herein provided relating to such transactions have been complied with.
Appears in 1 contract
Samples: Indenture (Hennessy Advisors Inc)
Opinion of Counsel to Be Given to Trustee. The Trustee, subject to the provisions of Sections 6.1 and 6.2, shall receive, in addition to the Opinion of Counsel required by Section 9.5, an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or other disposition, and any assumption, permitted or required by the terms of this Article XI complies with the provisions of this Article XI.. Center Bancorp, Inc./Indenture/Floating Rate
Appears in 1 contract
Samples: Indenture (Center Bancorp Inc)