Common use of Right of Trustee to Rely on Officers' Certificate, etc Clause in Contracts

Right of Trustee to Rely on Officers' Certificate, etc. Subject to Sections 6.1 and 6.2, whenever in the administration of the trusts of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officer’s Certificate and Opinion of Counsel delivered to the Trustee, and such certificate and opinion, in the absence of negligence or willful misconduct 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 upon the faith thereof.

Appears in 1 contract

Samples: Indenture (Con-Way Inc.)

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Right of Trustee to Rely on Officers' Certificate, etc. Subject to Sections 6.1 7.01 and 6.27.02, whenever in the administration of the trusts of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of negligence or negligence, willful misconduct misconduct, and bad faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officer’s Certificate and and/or Opinion of Counsel Counsel, delivered to the Trustee, and such certificate and opinionOfficer’s Certificate and/or Opinion of Counsel, in the absence of negligence or negligence, willful misconduct misconduct, and 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 upon the faith thereof.

Appears in 1 contract

Samples: Indenture (Regal Rexnord Corp)

Right of Trustee to Rely on Officers' Certificate, etc. Subject to Sections 6.1 5.01 and 6.25.02, whenever in the administration of the trusts of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of negligence negligence, bad faith or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officer’s Certificate and and/or an Opinion of Counsel delivered to the Trustee, and such certificate and opinioncertificate, in the absence of negligence negligence, bad faith or willful misconduct 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 upon to the faith thereofextent of the Trustee’s reliance thereupon.

Appears in 1 contract

Samples: Perpetual Subordinated Indenture (Nomura Holdings Inc)

Right of Trustee to Rely on Officers' Certificate, etc. Subject to Sections 6.1 5.01 and 6.25.02, whenever in the administration of the trusts of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of willful misconduct, negligence or willful misconduct bad faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officer’s Certificate and and/or an Opinion of Counsel delivered to the Trustee, and such certificate and opinioncertificate, in the absence of willful misconduct, negligence or willful misconduct 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 upon to the faith thereofextent of the Trustee’s reliance thereupon.

Appears in 1 contract

Samples: Senior Debt Indenture (Nomura Holdings Inc)

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Right of Trustee to Rely on Officers' Certificate, etc. Subject to Sections 6.1 5.01 and 6.25.02, whenever in the administration of the trusts of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or taking, suffering or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of negligence negligence, bad faith or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officer’s Certificate and and/or an Opinion of Counsel delivered to the Trustee, and such certificate and opinioncertificate, in the absence of negligence negligence, bad faith or willful misconduct 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 upon to the faith thereofextent of the Trustee’s reliance thereupon.

Appears in 1 contract

Samples: Perpetual Subordinated Indenture (Mizuho Financial Group Inc)

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