Reliance by Trustee. (a) Whenever in the administration of this Agreement, the Trustee shall deem it necessary or desirable that a factual matter be proved or established in connection with the Trustee taking, suffering or omitting any action hereunder, such matter (unless other evidence in respect thereof is herein specifically prescribed) may be deemed to be conclusively proved or established by a certificate of a Responsible Officer delivered to the Trustee and not challenged by any Secured Party and such certificate shall be full warrant to the Trustee for any action taken, suffered or omitted in reliance thereon, subject, however, to the provisions of Section 7.05.
Appears in 5 contracts
Samples: Security, Pledge and Trust Agreement (Navistar International Corp), Security Agreement (Navistar International Corp), Servicing Agreement (Navistar Financial Corp)
Reliance by Trustee. (a) Whenever in the administration of the trusts of this Agreement, Agreement the Trustee shall deem it necessary or desirable that a factual matter be proved or established in connection with the Trustee taking, suffering or omitting any action hereunderhereunder by the Trustee, such matter (unless other evidence in respect thereof is be herein specifically prescribed) may be deemed to be conclusively proved provided or established by a certificate of a Responsible Officer of any Trustor delivered to the Trustee and not challenged by any Secured Party Trustee, and such certificate shall be full warrant warranty to the Trustee for any action taken, suffered or omitted in reliance thereon, subject, however, to the provisions of Section 7.055.5.
Appears in 2 contracts
Samples: Trust Agreement (Caremark Rx Inc), Trust Agreement (Caremark Rx Inc)
Reliance by Trustee. (a) Whenever in the administration of this Agreement, Trust Agreement or the Pledge Agreement the Trustee shall deem it necessary or desirable that a factual matter be proved or established in connection with the Trustee taking, suffering or omitting any action hereunderhereunder or thereunder, such matter (unless other evidence in respect thereof is herein specifically prescribed) may be deemed to be conclusively proved or established by a certificate of a Responsible Officer delivered to the Trustee and not challenged by any Secured Party Trustee, and such certificate shall be full warrant to the Trustee for any action taken, suffered or omitted in reliance thereon, subject, however, to the provisions of Section 7.05subsection 5.5.
Appears in 1 contract
Reliance by Trustee. (a) Whenever in the administration of the trusts of this Agreement, Agreement the Trustee shall deem it necessary or desirable that a factual matter be proved or established in connection with the Trustee taking, suffering or omitting any action hereunderhereunder by the Trustee, such matter (unless other evidence in respect thereof is be herein specifically prescribed) may be deemed to be conclusively proved provided or established by a certificate of a Responsible Officer of the Company delivered to the Trustee and not challenged by any Secured Party Trustee, and such certificate shall be full warrant warranty to the Trustee for any action taken, suffered or omitted in reliance thereon, subject, however, to the provisions of Section 7.055.5.
Appears in 1 contract
Samples: Trust Agreement (Caremark Rx Inc)