Common use of Statements Required in Certificate and Opinion Clause in Contracts

Statements Required in Certificate and Opinion. Each certificate (other than certificates provided pursuant to Section 4.06) and opinion with respect to compliance by or on behalf of the Issuer with a condition or covenant provided for in the Indenture shall include: (a) a statement that the Person delivering such certificate or opinion has read such covenant or condition; (b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (c) a statement that, in the opinion of such Person, it or he has made such examination or investigation as is necessary to enable it or him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (d) a statement as to whether or not, in the opinion of such Person, such covenant or condition has been complied with.

Appears in 3 contracts

Samples: Indenture (Spansion Inc.), Indenture (Spansion Inc.), Indenture (Spansion Inc.)

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Statements Required in Certificate and Opinion. Each certificate (other than certificates provided pursuant to Section 4.06) and opinion with respect to compliance by or on behalf of the Issuer Company with a condition or covenant provided for in the this Indenture shall include: : (aA) a statement that the Person delivering making such certificate or opinion has read such covenant or condition; ; (bB) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ; (cC) a statement that, in the opinion of such Person, it it, he or he she has made such examination or investigation as is necessary to enable it it, him or him her to express an informed opinion as to whether or not such covenant or condition has been complied with; and and (dD) a statement as to whether or not, in the opinion of such Person, such covenant or condition has been complied with.

Appears in 2 contracts

Samples: Indenture (R H Donnelley Corp), Indenture (Donnelley R H Inc)

Statements Required in Certificate and Opinion. Each certificate (other than certificates provided pursuant to Section 4.06) and opinion with respect to compliance by or on behalf of the Issuer Company or any Guarantor with a condition or covenant provided for in the this Indenture shall include: : (a1) a statement that the Person delivering making such certificate or opinion has read such covenant or condition; ; (b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ; (c3) a statement that, in the opinion of such Person, it or he has made such examination or investigation as is necessary to enable it or him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and (d4) a statement as to whether or not, in the opinion of such Person, such covenant or condition has been complied with.

Appears in 2 contracts

Samples: Indenture (Laidlaw International Inc), Indenture (Donnelley R H Inc)

Statements Required in Certificate and Opinion. Each certificate (other than certificates provided pursuant to Section 4.06) and opinion with respect to compliance by or on behalf of the Issuer or any Guarantor with a condition or covenant provided for in the this Indenture shall include: : (ai) a statement that the Person delivering making such certificate or opinion has read such covenant or condition; ; (bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ; (ciii) a statement that, in the opinion of such Person, it or he has made such examination or investigation as is necessary to enable it or him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and (div) a statement as to whether or not, in the opinion of such Person, such covenant or condition has been complied with.

Appears in 2 contracts

Samples: Indenture (TRI Pointe Homes, Inc.), Indenture (TRI Pointe Homes, Inc.)

Statements Required in Certificate and Opinion. Each certificate (other than certificates provided pursuant to Section 4.06) and opinion with respect to compliance by or on behalf of the Issuer Company or any Guarantor with a condition or covenant provided for in the this Indenture shall include: : (a1) a statement that the Person delivering making such certificate or opinion has read such covenant or condition; ; (b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ; (c3) a statement that, in the opinion of such Person, it or he has made such examination or investigation as is necessary to enable it or him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and (d4) a statement as to whether or not, in the opinion of such Person, such covenant or condition has been complied with.

Appears in 2 contracts

Samples: Indenture (Moore Wallace Inc), Indenture (Moore Corporation LTD)

Statements Required in Certificate and Opinion. Each certificate (other than certificates provided pursuant to Section 4.06) and opinion with respect to compliance by or on behalf of the Issuer Company or any Guarantor with a condition or covenant provided for in the this Indenture shall include: : (a) a statement that the Person delivering such certificate or opinion has read such covenant or condition; ; (b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ; (c) a statement that, in the opinion of such Person, it or he has made such examination or investigation as is necessary to enable it or him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and (d) a statement as to whether or not, in the opinion of such Person, such covenant or condition has been complied with.

Appears in 1 contract

Samples: Indenture (Intertape Woven Products Services S.A. De C.V.)

Statements Required in Certificate and Opinion. Each certificate (other than certificates provided pursuant to Section 4.06) and opinion with respect to compliance by or on behalf of the Issuer Company or any Guarantor with a condition or covenant provided for in the this Indenture shall include: : (aA) a statement that the Person delivering making such certificate or opinion has read such covenant or condition; ; (bB) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ; (cC) a statement that, in the opinion of such Person, it it, he or he she has made such examination or investigation as is necessary to enable it it, him or him her to express an informed opinion as to whether or not such covenant or condition has been complied with; and and (dD) a statement as to whether or not, in the opinion of such Person, such covenant or condition has been complied with.

Appears in 1 contract

Samples: Indenture (R H Donnelley Corp)

Statements Required in Certificate and Opinion. Each certificate (other than certificates provided pursuant to Section 4.06) and opinion with respect to compliance by or on behalf of the Issuer or any Guarantor with a condition or covenant provided for in the this Indenture shall include: : (a) a statement that the Person delivering making such certificate or opinion has read such covenant or condition; ; (b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ; (c) a statement that, in the opinion of such Person, it or he has made such examination or investigation as is necessary to enable it or him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and (d) a statement as to whether or not, in the opinion of such Person, such covenant or condition has been complied with.

Appears in 1 contract

Samples: Indenture (LYON EAST GARRISON Co I, LLC)

Statements Required in Certificate and Opinion. Each certificate (other than certificates provided pursuant to Section 4.06) and opinion with respect to compliance by or on behalf of the Issuer or any Subsidiary Guarantor with a condition or covenant provided for in the this Indenture shall include: : (a1) a statement that the Person delivering such certificate or opinion has read such covenant or condition; ; (b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ; (c3) a statement that, in the opinion of such Person, it or he has made such examination or investigation as is necessary to enable it or him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and (d4) a statement as to whether or not, in the opinion of such Person, such covenant or condition has been complied with.

Appears in 1 contract

Samples: Indenture (Pharma Services Intermediate Holding Corp)

Statements Required in Certificate and Opinion. Each certificate (other than certificates provided pursuant to Section 4.06) and opinion with respect to compliance by or on behalf of the Issuer with a condition or covenant provided for in the this Indenture shall include: (a) a statement that the Person delivering such certificate or opinion has read such covenant or condition; (b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (c) a statement that, in the opinion of such Person, it or he has made such examination or investigation as is necessary to enable it or him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (d) a statement as to whether or not, in the opinion of such Person, such covenant or condition has been complied with.

Appears in 1 contract

Samples: Indenture (Spansion Inc.)

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Statements Required in Certificate and Opinion. Each certificate (other than certificates provided pursuant to Section 4.06) and opinion with respect to compliance by or on behalf of the Issuer or any Guarantor with a condition or covenant provided for in the this Indenture shall include: : (a1) a statement that the Person delivering making such certificate or opinion is familiar with this Indenture and has read such covenant all covenants or condition; conditions precedent provided for in this Indenture relating to the proposed action; (b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ; (c3) a statement that, in the opinion of such Person, it or he has made such examination or investigation as is necessary to enable it or him to express an informed opinion as to whether or not such covenant or condition has conditions precedent have been complied with; and and (d4) a statement as to whether or not, in the opinion of such Person, such covenant all covenants or condition has conditions precedent provided for in this Indenture relating to the proposed action have been complied with.

Appears in 1 contract

Samples: Indenture (Meritage Homes CORP)

Statements Required in Certificate and Opinion. Each certificate (other than certificates provided pursuant to Section 4.06) and opinion with respect to compliance by or on behalf of the Issuer Company or any Subsidiary Guarantor with a condition or covenant provided for in the this Indenture shall include: : (a1) a statement that the Person delivering such certificate or opinion has read such covenant or condition; ; (b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ; (c3) a statement that, in the opinion of such Person, it or he has made such examination or investigation as is necessary to enable it or him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and (d4) a statement as to whether or not, in the opinion of such Person, such covenant or condition has been complied with.

Appears in 1 contract

Samples: Indenture (Quintiles Transnational Corp)

Statements Required in Certificate and Opinion. Each certificate (other than certificates provided pursuant to Section 4.06) and opinion with respect to compliance by or on behalf of the Issuer or any Guarantor with a condition or covenant provided for in the this Indenture shall includein- clude: (a1) a statement that the Person delivering making such certificate or opinion has read such covenant or condition; (b2) a brief statement as to the nature and scope of the examination or investigation inves- tigation upon which the statements or opinions contained in such certificate or opinion are based; (c3) a statement that, in the opinion of such Person, it or he has made such examination or investigation as is necessary to enable it or him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (d4) a statement as to whether or not, in the opinion of such Person, such covenant or condition has been complied with.

Appears in 1 contract

Samples: Indenture (Wesco International Inc)

Statements Required in Certificate and Opinion. Each certificate (other than certificates provided pursuant to Section 4.06) and opinion with respect to compliance by or on behalf of the Issuer Issuers or any Guarantor with a condition or covenant provided for in this Indenture and the Indenture Collateral Agreements shall include: : (a1) a statement that the Person delivering making such certificate or opinion has read such covenant or condition; ; (b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ; (c3) a statement that, in the opinion of such Person, it or he has made such examination or investigation as is necessary to enable it or him to express an informed opinion as to whether or not such covenant or condition has been complied with; and and (d4) a statement as to whether or not, in the opinion of such Person, such covenant or condition has been complied with.

Appears in 1 contract

Samples: Indenture (Portrait Corp of America, Inc.)

Statements Required in Certificate and Opinion. Each certificate (other than certificates provided pursuant to Section 4.06) and opinion with respect to compliance by or on behalf of the Issuer with a condition or covenant provided for in this Indenture other than a certificate provided pursuant to TIA Section 314(a)(4) shall comply with the Indenture shall provisions of TIA Section 314(c) and include: : (a1) a statement that the Person delivering making such certificate or opinion has read such covenant or condition; ; (b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ; (c3) a statement that, in the opinion of such Person, it he or he she has made such examination or investigation as is necessary to enable it him or him her to express an informed opinion as to whether or not such covenant or condition has been complied with; and and (d4) a statement as to whether or not, in the opinion of such Person, such covenant or condition has been complied with.

Appears in 1 contract

Samples: Indenture (Cityscape Corp)

Statements Required in Certificate and Opinion. Each certificate (other than certificates provided pursuant to Section 4.06) Certificate and opinion Opinion with respect to compliance by or on behalf of the Issuer with a condition or covenant provided for in this Indenture or the Indenture Security Documents (except where provision is made otherwise for delivery of a Certificate or an Opinion) shall include: : (a1) a statement that the Person delivering person making such certificate or opinion has read such covenant or condition; ; (b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ; (c3) a statement that, in the opinion of such Personperson, it or he has made such examination or investigation as is necessary to enable it or him to express an informed opinion as to whether or not such covenant or condition has been complied with; and ; (d4) a statement as to whether or not, in the opinion of such Personperson, such covenant or condition has been complied with; and (5) such other statements as the Trustee may reasonably request.

Appears in 1 contract

Samples: Indenture (Lexington Corporate Properties Inc)

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