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 5.01 and 5.02, 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, suffering or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of 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/or an Opinion of Counsel delivered to the Trustee, and such certificate, in the absence of 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 to the extent of the Trustee’s reliance thereupon.

Appears in 1 contract

Samples: Perpetual Subordinated Indenture (Mizuho Financial Group Inc)

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Right of Trustee to Rely on Officers' Certificate, etc. Subject to Sections 5.01 6.1 and 5.026.2, 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, 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, bad faith negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officer’s Certificate and/or an and Opinion of Counsel delivered to the Trustee, and such certificatecertificate and opinion, in the absence of negligence, bad faith 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 to upon the extent of the Trustee’s reliance thereuponfaith thereof.

Appears in 1 contract

Samples: Indenture (Con-Way Inc.)

Right of Trustee to Rely on Officers' Certificate, etc. Subject to Sections 5.01 and 5.02, 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, 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, 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/or an Opinion of Counsel delivered to the Trustee, and such certificate, in the absence of 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 to the extent 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 5.01 7.01 and 5.027.02, 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, 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, willful misconduct, and 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/or an Opinion of Counsel Counsel, delivered to the Trustee, and such certificateOfficer’s Certificate and/or Opinion of Counsel, in the absence of negligence, willful misconduct, and 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 to upon the extent of the Trustee’s reliance thereuponfaith thereof.

Appears in 1 contract

Samples: Indenture (Regal Rexnord Corp)

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Right of Trustee to Rely on Officers' Certificate, etc. Subject to Sections 5.01 and 5.025.04, 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, 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, bad faith gross negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by an Officer’s Officers’ Certificate and/or an and Opinion of Counsel delivered to the Trustee, and such certificate, in the absence of negligence, bad faith gross 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 to upon the extent of the Trustee’s reliance thereuponfaith thereof.

Appears in 1 contract

Samples: Indenture (Lightning eMotors, Inc.)

Right of Trustee to Rely on Officers' Certificate, etc. Subject to Sections 5.01 and 5.02, 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, 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 negligencewillful misconduct, negligence or 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/or an Opinion of Counsel delivered to the Trustee, and such certificate, in the absence of negligencewillful misconduct, negligence or 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 to the extent of the Trustee’s reliance thereupon.

Appears in 1 contract

Samples: Senior Debt Indenture (Nomura Holdings Inc)

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