Common use of Opinion of Counsel to be Given Trustee Clause in Contracts

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 and 6.02, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or lease, and any assumption, permitted or required by the terms of this Article X complies with the provisions of this Article X.

Appears in 45 contracts

Samples: Indenture (Flushing Financial Corp), Indenture (Flushing Financial Corp), Indenture for Subordinated Notes (State Bancorp Inc)

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Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 6.1 and 6.026.2, may shall receive an Officers' Certificate and Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or lease, exchange or other disposition and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.Nine.

Appears in 19 contracts

Samples: Senior Indenture (Citizens Communications Co), Indenture (Hovnanian Enterprises Inc), Senior Indenture (Triton Energy Corp)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 6.1 and 6.026.2, may receive an Officers' Certificate and Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or lease, exchange or other disposition and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.Nine.

Appears in 11 contracts

Samples: Senior Indenture (Belco Oil & Gas Corp), Senior Subordinated Indenture (Ocean Energy Inc /La/), Senior Subordinated Indenture (Belco Oil & Gas Corp)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 and 6.02, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or lease, and any assumption, permitted or required by the terms of this Article X Ten complies with the provisions of this Article X.Ten.

Appears in 7 contracts

Samples: Indenture (Albank Capital Trust I), Indenture (Community Bank System Inc), Indenture (Bank of Boston Corp)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 8.1 and 6.028.2, may shall receive an Officer's Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer conveyance or lease, lease and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.XII.

Appears in 6 contracts

Samples: Indenture (Electroglas Inc), Indenture (General Electric Co), Securities Purchase Agreement (Rockford Corp)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 and 6.02, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or lease, and any assumption, permitted or required by the terms of this Article X X, complies with the provisions of this Article X.

Appears in 6 contracts

Samples: Indenture (Trenwick Capital Trust I), Indenture (Berkley W R Capital Trust), Indenture (Orion Capital Trust I)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 and 6.02, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer conveyance or leasetransfer, and any assumption, permitted or required by the terms of this Article X Ten complies with the provisions of this Article X.Ten.

Appears in 5 contracts

Samples: Indenture (Citicorp), Indenture (Nb Capital Trust I), Indenture (Chevron Phillips Chemical Co LLC)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 7.01 and 6.027.02, may shall receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, sale or conveyance, transfer or lease, and any such assumption, permitted or required by the terms of this Article X complies with the provisions of this Article X.Eleven and that all conditions precedent herein provided for relating to such transaction have been complied with.

Appears in 5 contracts

Samples: Indenture (Bank of America Corp /De/), Restated Indenture (Bank of America Corp /De/), Restated Indenture (Bank of America Corp /De/)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 601 and 6.02603, may receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer sale or lease, conveyance and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.Article. ARTICLE NINE

Appears in 5 contracts

Samples: Indenture (Raytheon Co/), Indenture (Raytheon Co/), Indenture (Wellman Inc)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 7.01 and 6.027.02, may shall receive an Officers’ Certificate and Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or lease, exchange or other disposition and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.5.

Appears in 4 contracts

Samples: Indenture (Eastman Chemical Co), Indenture (Eastman Chemical Co), Indenture (Citizens Communications Co)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 and 6.02, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or lease, and any assumption, permitted or required by the terms of this Article X VIII complies with the provisions of this Article X.VIII.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Spinnaker Exploration Co), Junior Subordinated Indenture (Continental Airlines Finance Trust Iii), Junior Subordinated Indenture (Newfield Exploration Co /De/)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 8.01 and 6.028.02, may shall receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer sale or lease, conveyance and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.Twelve and that all conditions precedent herein provided relating to such transactions have been complied with.

Appears in 3 contracts

Samples: Indenture (Johnson Controls Inc), Indenture (Morton International Inc /In/), Indenture (Cincinnati Financial Corp)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 Section 6.1 and 6.02, Section 6.2 may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or lease, and any assumption, permitted or required by the terms of this Article X complies with the provisions of this Article X.

Appears in 3 contracts

Samples: Indenture (Sterling Bancshares Capital Trust Ii), Indenture (Sterling Bancshares Capital Trust Ii), Indenture (Sterling Bancshares Inc)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 and 6.02, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or leaseother disposition, and any assumption, permitted or required by the terms of this Article X complies with the provisions of this Article X.

Appears in 3 contracts

Samples: Indenture (Union Planters Corp), Indenture (Transamerica Capital Iii), Indenture (Marshall & Ilsley Corp/Wi/)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 and 6.02, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or lease, and any assumption, permitted or required by the terms of this Article X complies with the provisions of this Article X.X. The Trustee is not obligated to receive such an opinion of counsel in any case.

Appears in 3 contracts

Samples: Indenture (United National Bancorp), Indenture (Hubco Inc), Indenture (Hubco Inc)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 and 6.02, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or leaseother disposition, and any assumption, permitted or required by the terms of this Article X Ten complies with the provisions of this Article X.Ten.

Appears in 3 contracts

Samples: Indenture (Countrywide Financial Corp), Indenture (Countrywide Capital Ii), Indenture (Countrywide Capital Ii)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 and 6.02Section 6.1, may shall be entitled to receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer conveyance or lease, lease and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.Article.

Appears in 3 contracts

Samples: Indenture (Ingersoll Rand Co), Indenture (Ingersoll Rand Co), Indenture (Ingersoll Rand Co)

Opinion of Counsel to be Given Trustee. The Trustee, Trustee subject to the provisions of Sections 6.01 8.1 and 6.028.2, may shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or lease, lease and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.XII.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Tribune Co), Securities Purchase Agreement (Softkey International Inc)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 6.1 and 6.026.2, may receive an Officer's Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or lease, exchange or other disposition and any assumption, permitted or required by the terms of this Article X complies such assumption comply with the provisions of this Article X.Nine.

Appears in 2 contracts

Samples: Senior Indenture (Service Corporation International), Senior Indenture (Service Corporation International)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 7.01 and 6.027.02, may receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, sale or conveyance, transfer or lease, and any such assumption, permitted or required by the terms of this Article X complies with the provisions of this Article X.Eleven.

Appears in 2 contracts

Samples: Indenture (Aeroquip-Vickers Inc), Indenture (Hancock John Life Insurance Co)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 and 6.02, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer conveyance or leasetransfer, and any assumption, permitted or required by the terms of this Article X 10 complies with the provisions of this Article X.10.

Appears in 2 contracts

Samples: Indenture (Bank of America Corp /De/), Indenture (Bank of America Corp /De/)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 and 6.026.03 of the Base Indenture, may receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer sale or lease, conveyance and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.Article.

Appears in 2 contracts

Samples: First Supplemental Indenture (Goodyear Tire & Rubber Co /Oh/), First Supplemental Indenture (Goodyear Export Inc.)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 and 6.026.03, may receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer sale or lease, conveyance and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.Article.

Appears in 2 contracts

Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 8.01 and 6.028.02, may shall be entitled to receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer sale or lease, conveyance and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.Twelve and that all conditions precedent herein provided relating to such transactions have been complied with.

Appears in 2 contracts

Samples: Indenture (Perma-Pipe International Holdings, Inc.), Indenture (Perma-Pipe International Holdings, Inc.)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 6.1 and 6.026.2, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or lease, and any assumption, permitted or required by the terms of this Article X complies with the provisions of this Article X.

Appears in 2 contracts

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

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 7.1 and 6.027.2, may shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer conveyance or lease, lease and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.XI.

Appears in 2 contracts

Samples: Indenture (Flowers Industries Inc /Ga), Indenture (Flowers Industries Inc /Ga)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 8.1 and 6.028.2, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or leaseother disposition, and any assumption, permitted or required by the terms of this Article X complies with the provisions of this Article X.

Appears in 1 contract

Samples: Indenture (Countrywide Home Loans Inc)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 8.01 and 6.028.02, may shall receive an Opinion of Counsel as conclusive evidence that any such consolidation, amalgamation, merger, sale, conveyancelease, transfer or lease, conveyance and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.Twelve and that all conditions precedent herein provided relating to such transactions have been complied with.

Appears in 1 contract

Samples: Indenture (Magna International Inc)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 and 6.02, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer conveyance or leasetransfer, and any assumption, permitted or required by the terms of this Article X complies with the provisions of this Article X.

Appears in 1 contract

Samples: Indenture (James River Group, INC)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 601 and 6.02602, may receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer sale or lease, conveyance and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.Eight.

Appears in 1 contract

Samples: Indenture (Potomac Electric Power Co)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 and 6.02, may receive shall be furnished an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or lease, and any assumption, permitted or required by the terms of this Article X complies with the provisions of this Article X.

Appears in 1 contract

Samples: Indenture (First Commonwealth Financial Corp /Pa/)

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Opinion of Counsel to be Given Trustee. The Trustee, Trustee subject to the provisions of Sections 6.01 6.1 and 6.02, 6.2 may receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, sale or conveyance, transfer or lease, and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.9.

Appears in 1 contract

Samples: Indenture (Healthsouth Corp)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 and 6.02, may request and shall receive an Opinion of Counsel and/or an Officer's Certificate as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or lease, and any assumption, permitted or required by the terms of this Article X complies with the provisions of this Article X.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Fw Preferred Capital Trust I)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 6.1 and 6.026.2, may receive an Officer's Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or lease, and exchange or other disposition, and. any assumption, permitted or required by the terms of this Article X complies such assumption comply with the provisions of this Article X.Nine.

Appears in 1 contract

Samples: Senior Indenture (Service Corporation International)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 6.1 and 6.026.2, may receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer conveyance or lease, lease and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.Nine. ARTICLE

Appears in 1 contract

Samples: Indenture Agreement (Halliburton Co)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 7.01 and 6.027.02, may shall receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer sale or lease, conveyance and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.10 and that all conditions precedent herein provided relating to such transactions have been complied with.

Appears in 1 contract

Samples: Indenture (Cincinnati Financial Corp)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 6.1 and 6.026.2, may receive an Officer's Certificate and Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or lease, exchange or other disposition and any assumption, permitted or required by the terms of this Article X complies such assumption and any such provision for conversion rights comply with the provisions of this Article X.IX.

Appears in 1 contract

Samples: Senior Subordinated Indenture (Service Corporation International)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections Section 6.01 and 6.026.03, may receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer sale or lease, conveyance and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.Article.

Appears in 1 contract

Samples: Indenture (Sunoco Inc)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 Section 6.1 and 6.026.2, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or lease, and any assumption, permitted or required by the terms of this Article X complies with the provisions of this Article X.X. The Trustee is not obligated to receive such an Opinion of Counsel in any case.

Appears in 1 contract

Samples: Indenture (Valley National Bancorp)

Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 8.1 and 8.2, shall receive the provisions of Sections 6.01 Officer's Certificate and 6.02, may receive an Opinion of Counsel referenced in Section 12.1(c) as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer conveyance or lease, lease and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.XII.

Appears in 1 contract

Samples: Indenture (Ats Medical Inc)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 8.1 and 6.028.2, may receive shall be provided with an Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer conveyance or lease, lease and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.XII.

Appears in 1 contract

Samples: Indenture (Electroglas Inc)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 601 and 6.02603, may receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer sale or lease, conveyance and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.Eight. ARTICLE

Appears in 1 contract

Samples: Indenture (Amoco Corp)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 8.01 and 6.028.02, may receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, sale or conveyance, transfer or lease, and any such assumption, permitted or required by the terms of this Article X complies with the provisions of this Article X.Twelve.

Appears in 1 contract

Samples: Indenture (General Motors Corp)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 8.01 and 6.028.02, may receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer sale or lease, conveyance and any assumption, permitted or required by the terms of this Article X such assumption complies with the provisions of this Article X.Article. 61 54

Appears in 1 contract

Samples: Indenture (J P Morgan Chase & Co)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 7.01 and 6.027.02, may receive an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, sale or conveyance, transfer or lease, and any such assumption, permitted or required by the terms of this Article X complies with the provisions of this Article X.Eleven. ARTICLE

Appears in 1 contract

Samples: Indenture (Trinova Corp)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 6.1 and 6.026.2, may receive an Opinion of Counsel as conclusive evidence that any consolidation, merger, sale, conveyance, transfer or lease, and any assumption, permitted or required by the terms of this Article X complies with the provisions of this Article X.X. The Trustee is not obligated to receive such an opinion of counsel in any case.

Appears in 1 contract

Samples: Indenture (Imperial Capital Trust I)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 6.1 and 6.026.2, may receive an Officer's Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or lease, exchange or other disposition and any assumption, permitted or required by the terms of this Article X complies such assumption and any such provision for conversion rights comply with the provisions of this Article X.Nine.

Appears in 1 contract

Samples: Subordinated Indenture (Service Corporation International)

Opinion of Counsel to be Given Trustee. The TrusteePrior to entering into any consolidation, subject to merger, sale, conveyance, transfer or lease, the provisions of Sections 6.01 and 6.02, may receive Company shall deliver an Opinion of Counsel to the Trustee as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or lease, and any assumption, permitted or required by the terms of this Article X X, complies with the provisions of this Article X.

Appears in 1 contract

Samples: Indenture (Mmi Companies Inc)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 and 6.02, may receive an Opinion of Counsel as conclusive evidence evi- dence that any consolidation, merger, sale, conveyance, transfer or lease, and any assumption, permitted or required by the terms of this Article X complies with the provisions of this Article X.

Appears in 1 contract

Samples: Indenture (Sovereign Bancorp Inc)

Opinion of Counsel to be Given Trustee. The Trustee, subject to the provisions of Sections 6.01 6.1 and 6.026.2, may receive an Officer's Certificate and Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, conveyance, transfer or lease, exchange or other disposition and any assumption, permitted or required by the terms of this Article X complies such assumption and any such provision for conversion rights comply with the provisions of this Article X.Nine.

Appears in 1 contract

Samples: Subordinated Indenture (Service Corporation International)

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