Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include: (a) a statement that the individual 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 individual, he has made such examination or investigation as is necessary to enable 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 individual, such covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 150 contracts
Samples: Indenture (Berry Global Group, Inc.), Indenture (Talos Energy Inc.), Indenture (Talos Energy Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual 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 individual, he has made such examination or investigation as is necessary to enable 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 individual, such covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 74 contracts
Samples: Indenture (Coronado Global Resources Inc.), Indenture (Exela Technologies, Inc.), Restructuring Support Agreement (Exela Technologies, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(ai) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(ciii) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 65 contracts
Samples: Indenture (FelCor Lodging LP), Indenture (FelCor Lodging Trust Inc), Indenture (Jsce Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to the certificate required by Section 4.094.04) shall include:
(a) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable 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 each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 60 contracts
Samples: Indenture (Tapestry, Inc.), Subordinated Indenture (60 Degrees Pharmaceuticals, Inc.), Senior Indenture (VCI Global LTD)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers’ Certificate required by Section 4.09) 4.06, shall include:
(a1) a statement that the individual 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 individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 26 contracts
Samples: Indenture (Davita Healthcare Partners Inc.), Indenture (Physicians Choice Dialysis, LLC), Indenture (Davita Healthcare Partners Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall must include:
(a) a statement that each person signing the individual making such certificate or opinion has read such the covenant or conditioncondition and the related definitions;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such the certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he that person has made such examination or investigation as is necessary to enable him the person 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 each such individualperson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 26 contracts
Samples: Indenture (Cosan S.A.), Supplemental Indenture, Indenture (Cosan Ltd.)
Statements Required in Certificate or Opinion. Each certificate (other than certificates provided pursuant to Section 4.04) or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
: (ai) a statement that the individual person 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 individualperson, he or she has made such examination or investigation as is necessary to enable 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 individualperson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates certificate of public officials.
Appears in 21 contracts
Samples: Indenture (China Pharma Holdings, Inc.), Indenture (Reborn Coffee, Inc.), Indenture (ProMIS Neurosciences Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(aA) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(dD) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 20 contracts
Samples: Indenture (Magnolia Oil & Gas Corp), Indenture (Crescent Energy Co), Indenture (Alliant Energy Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officer’s Certificate required by Section 4.09) 4.06, shall include:
(a1) a statement that the individual 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 individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 19 contracts
Samples: Indenture (Davita Inc.), Indenture (PGT Innovations, Inc.), Indenture (Davita Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.094.14) shall include:
(a) a statement that the individual Person 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 individualPerson, he such Person has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 18 contracts
Samples: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)
Statements Required in Certificate or Opinion. Each certificate (other than certificates provided pursuant to Section 4.04 hereof) or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(ai) a statement that the each individual making signing 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 each such individualperson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates certificate of public officials.
Appears in 17 contracts
Samples: Senior Indenture (Northwest Biotherapeutics Inc), Senior Indenture (Kingold Jewelry, Inc.), Senior Indenture (ZST Digital Networks, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers’ Certificate required by Section 4.09) 4.03, shall include:
(a1) a statement that the individual 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officialsofficials and may be subject to other customary exceptions, limitations and qualifications.
Appears in 17 contracts
Samples: Indenture (Blackstone Mortgage Trust, Inc.), Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers’ Certificate required by Section 4.09) 4.06, shall include:
(a1) a statement that the individual 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 individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 17 contracts
Samples: Indenture (Seitel Inc), Indenture (Omega Healthcare Investors Inc), Indenture (CPI International, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(ai) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(ciii) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 16 contracts
Samples: Indenture (FelCor Lodging Trust Inc), Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable 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 each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 16 contracts
Samples: Senior Indenture (Credit Suisse First Boston Usa Inc), Senior Notes Indenture (Loral Space & Communications LTD), Senior Notes Indenture (RSL Communications PLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or conditioncondition and the related definitions;
(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 individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 16 contracts
Samples: Indenture (Alliance Resource Partners Lp), Indenture (Five Point Holdings, LLC), Indenture (Ero Copper Corp.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04 hereof) shall include:
(a) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 16 contracts
Samples: Indenture (Hilton Worldwide Holdings Inc.), Indenture (Hilton Worldwide Holdings Inc.), Indenture (Summit Materials, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04 hereof) shall include:
(a) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (which examination or investigation, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 15 contracts
Samples: Indenture (Beasley Broadcast Group Inc), Indenture (Beasley Broadcast Group Inc), Indenture (Cumulus Media Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officer’s Certificate required by Section 4.09) 5.05, shall include:
(a1) a statement that the individual 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 individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 15 contracts
Samples: Nineteenth Supplemental Indenture (MPT Operating Partnership, L.P.), Eighteenth Supplemental Indenture (MPT Operating Partnership, L.P.), Seventeenth Supplemental Indenture (MPT Operating Partnership, L.P.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to the certificate provided for in Section 4.094.04) shall include:
(a1) a statement that the individual 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him or her 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 individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate officer’s certificate or certificates of public officials.
Appears in 14 contracts
Samples: Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04 hereof) shall include:
(a) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 14 contracts
Samples: Indenture (Finance of America Companies Inc.), Indenture (Finance of America Companies Inc.), Indenture (Clarios International Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to TIA Section 4.09314(a)(4)) shall include:
(a1) a statement that the individual 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 individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(d4) a statement as to whether or not, in the opinion of such individualperson, such condition or covenant or condition has been complied withsatisfied; providedPROVIDED, howeverHOWEVER, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 14 contracts
Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(ai) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(ciii) a statement that, in the opinion of each such individualperson, he the person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 13 contracts
Samples: Guaranty Agreement (Steel Dynamics Inc), Indenture (Steel Dynamics Inc), Indenture (SPX FLOW, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers’ Certificate required by Section 4.09) 4.8, shall include:
(ai) a statement that the individual Person 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 individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 12 contracts
Samples: Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc)
Statements Required in Certificate or Opinion. Each certificate (other than certificates provided pursuant to Section 4.04 hereof) or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the each individual making signing 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 each such individualperson, he or she has made such examination or investigation as is necessary to enable 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 each such individualperson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates certificate of public officials.
Appears in 12 contracts
Samples: Subordinated Indenture (Precipio, Inc.), Subordinated Indenture (Northwest Biotherapeutics Inc), Subordinated Indenture (Kingold Jewelry, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(ai) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(ciii) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; providedPROVIDED, howeverHOWEVER, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 11 contracts
Samples: Indenture (Stone Container Corp), Indenture (Stone Container Finance CO of Canada II), Indenture (Jsce Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than the Officers’ Certificate required by Section 4.04 or a certificate provided pursuant to Section 4.09Trust Indenture Act § 314(a)(4)) shall comply with the provisions of Trust Indenture Act § 314(e) and shall include:
(a1) a statement that the individual 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 individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 11 contracts
Samples: Indenture (Vantage Drilling CO), Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a1) a statement that the individual 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 individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withmet; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied withmet; providedPROVIDED, howeverHOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 11 contracts
Samples: Indenture (Compass Aerospace LTD), Indenture (Sun Healthcare Group Inc), Indenture (Efm Programming Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers’ Certificate required by Section 4.09) 4.05, shall include:
(a1) a statement that the individual 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 individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 11 contracts
Samples: Indenture (Omega Healthcare Investors Inc), Indenture (OHI Healthcare Properties Limited Partnership), Indenture (OHI Healthcare Properties Limited Partnership)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to the certificate required by Section 4.094.3) shall include:
(a) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable 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 each such individualperson, such condition or covenant or condition has been complied with; provided, howeverhowever , that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 11 contracts
Samples: Subordinated Indenture (MULTI COLOR Corp), Senior Indenture (MULTI COLOR Corp), Senior Indenture (Meridian Bioscience Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers' Certificate required by Section 4.09) 4.06, shall include:
(a1) a statement that the individual 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 individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 10 contracts
Samples: Indenture (Nortek Inc), Indenture (Nortek Inc), Indenture (Nortek Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04 hereof) shall include:
(aA) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(dD) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 10 contracts
Samples: Indenture (Iqvia Holdings Inc.), Indenture (Iqvia Holdings Inc.), Indenture (Iqvia Holdings Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officer’s Certificate required by Section 4.09) 4.05, shall include:
(a1) a statement that the individual 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 individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 10 contracts
Samples: Indenture (Ryman Hospitality Properties, Inc.), Indenture (ESH Hospitality, Inc.), Indenture (Ryman Hospitality Properties, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a1) a statement that the individual 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officers’ Certificate as to matters of fact); and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 10 contracts
Samples: Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Corp /Cn/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers’ Certificate required by Section 4.09) 4.06, shall include:
(a) a statement that the individual Person 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 individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 9 contracts
Samples: Indenture (Warner Chilcott PLC), Indenture (Asap Software Express Inc), Indenture (Asap Software Express Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual 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 individual, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an officer’s certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individual, such covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 9 contracts
Samples: Indenture (Kronos Worldwide Inc), Supplemental Indenture (Kronos Worldwide Inc), Indenture (Tenneco Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this the Indenture (other than pursuant to Section 4.09) shall must include:
(ai) a statement that each person signing the individual making such certificate or opinion has read such the covenant or conditioncondition and the related definitions;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such the certificate or opinion are is based;
(ciii) a statement that, in the opinion of each such individualperson, he that person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 9 contracts
Samples: Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion Officer's Certificate and Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a1) a statement that the individual each Person making such certificate Officer's Certificate or opinion Opinion of Counsel 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 Officer's Certificate or opinion Opinion of Counsel are based;
(c3) a statement that, in the opinion of each such individualPerson, he such Person has made such examination or investigation as is necessary to enable him such Person 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 notthat, in the opinion of such individualPerson, such covenant or condition has been complied with; provided, however, that with respect to matters of fact not involving any legal conclusion, an Opinion of Counsel may rely on an Officers’ Officer's Certificate or certificates of public officials.
Appears in 9 contracts
Samples: Indenture (Public Service Enterprise Group Inc), Indenture (Public Service Electric & Gas Co), Indenture (Public Service Electric & Gas Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall must include:
(ai) a statement that each person signing the individual making such certificate or opinion has read such the covenant or conditioncondition and the related definitions;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such the certificate or opinion are is based;
(ciii) a statement that, in the opinion of each such individualperson, he that person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 9 contracts
Samples: Indenture (DPL Inc), Indenture (DPL Inc), Indenture (DPL Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual 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 individual, he has made such examination or investigation as is necessary to enable 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 individual, such covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 8 contracts
Samples: Indenture (Nalco Energy Services Equatorial Guinea LLC), Indenture (Nalco Energy Services Equatorial Guinea LLC), Indenture (Nalco Energy Services Equatorial Guinea LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers' Certificate required by Section 4.09) 8.4, shall include:
(a1) a statement that the individual 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 individualperson, he has made such examination or investigation as is necessary to enable 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 each such individualperson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 8 contracts
Samples: Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this the Indenture (other than pursuant to Section 4.09) shall must include:
(a) a statement that each person signing the individual making such certificate or opinion has read such the covenant or conditioncondition and the related definitions;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such the certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he that person has made such examination or investigation as is necessary to enable him the person 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 each such individualperson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 8 contracts
Samples: Indenture (GeoPark LTD), Indenture (GeoPark Holdings LTD), Indenture (PHH Corp)
Statements Required in Certificate or Opinion. Each certificate Officer's Certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a1) a statement that the individual 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 individualPerson, he has made such examination or investigation as is necessary to enable 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 each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer's Certificate or certificates of public officials. At the request of the Trustee, any Officer's Certificate or Opinion of Counsel shall address any particular condition precedent to such action.
Appears in 7 contracts
Samples: Indenture (Toyota Auto Lease Trust 1997-A), Indenture (Toyota Motor Credit Corp), Indenture (Toyota Motor Credit Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.094.14 hereof) shall include:
(a) a statement that the individual Person 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 individualPerson, he such Person has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 7 contracts
Samples: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Trust Indenture Act Section 4.09314(a)(4)) shall comply with the provisions of Trust Indenture Act Section 314(e) and shall include:
(a) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 7 contracts
Samples: Indenture (Cogent Communications Holdings, Inc.), Indenture (Cogent Communications Group Inc), Indenture (Tops Markets Ii Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers' Certificate required by Section 4.09) 4.08, shall include:
(a1) a statement that the individual 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 individualPerson, he has made such examination or investigation as is necessary to enable 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 each such individualPerson, such condition or covenant or condition has been complied with; provided, -------- however, that with respect to matters of fact an Opinion of Counsel may ------- rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 7 contracts
Samples: Indenture (Alliance Imaging of Central Georgia Inc), Indenture (MTL Inc), Indenture (Building One Services Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a1) a statement that the individual 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (which examination or investigation, in the case of an Opinion of Counsel, may be limited to reliance on an Officers’ Certificate as to matters of fact or certificates of public officials); and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 7 contracts
Samples: Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Officers’ Certificates provided for in Section 4.094.03) shall include:
(a) a statement that the individual 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 individual, he has made such examination or investigation as is necessary to enable 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 individual, such covenant or condition has been complied with; provided, however, that with respect to matters of fact . In giving an Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ Certificate or such other certificates of officer(s) of the Company as it may deem appropriate and on certificates of public officials.
Appears in 7 contracts
Samples: Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp), Indenture (TICC Capital Corp.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to TIA Section 4.09314(a)(4)) shall comply with the provisions of TIA Section 314(e) and shall include:
(a) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him such Person 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 individualPerson, such condition or covenant or condition has been complied with; provided, however, that with . With respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or ' Certificate, certificates of public officialsofficials or reports or opinions of experts.
Appears in 7 contracts
Samples: Indenture (Hayes Lemmerz International Inc), Indenture (Psychiatric Solutions Inc), Indenture (Prestige Brands Holdings, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than the Officers’ Certificate required by Section 4.04 or a certificate provided pursuant to Section 4.09Trust Indenture Act § 314(a)(4), shall comply with the provisions of Trust Indenture Act § 314(e) and shall include:
(a1) a statement that the individual 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 individualPerson, he has made such examination or investigation as is necessary to enable 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 each such individualPerson, such condition or covenant or condition has been complied withwith or satisfied; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 7 contracts
Samples: Supplemental Indenture (Alere Inc.), Sixteenth Supplemental Indenture (Alere Inc.), Fifteenth Supplemental Indenture (Alere Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.07) shall include:
(a) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is he or she deems necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be subject to customary exceptions and qualifications and limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 6 contracts
Samples: Senior Notes Indenture (Hanesbrands Inc.), Senior Notes Indenture (IHS Markit Ltd.), Senior Notes Indenture (IHS Markit Ltd.)
Statements Required in Certificate or Opinion. Each --------------------------------------------- certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(ai) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(ciii) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 6 contracts
Samples: Indenture (Ipc Information Systems Inc), Indenture (Marvel Enterprises Inc), Indenture (Urs Corp /New/)
Statements Required in Certificate or Opinion. Each certificate or opinion opinion, including each Officers’ Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a1) a statement that the individual 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 individual, he has made such examination or investigation as is necessary to enable 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 individual, such covenant or condition has been complied with; provided, however, that with respect to matters of fact . In giving an Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ Certificate or on certificates of public officials.
Appears in 6 contracts
Samples: Indenture (Homex Development Corp.), Indenture, Indenture (Elan Corp PLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable 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 each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 6 contracts
Samples: Senior Indenture (Credit Suisse (Usa) Inc), Subordinated Indenture (Credit Suisse Group), Senior Indenture (Aes Corporation)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual Person 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 statement or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her 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 individualPerson, such condition or covenant or condition has been complied with; providedPROVIDED, howeverHOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 6 contracts
Samples: Indenture (Loewen Group International Inc), Indenture (Alderwoods Group Inc), Indenture (Loewen Group International Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable 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 each such individualperson, such condition or covenant or condition has been complied with; providedPROVIDED, howeverHOWEVER, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 6 contracts
Samples: Senior Dollar Notes Indenture (Viatel Inc), Subordinated Indenture (Credit Suisse Group), Subordinated Indenture (Credit Suisse Group)
Statements Required in Certificate or Opinion. Each certificate (other than the certificates provided pursuant to Section 4.07) or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a1) a statement that the individual 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 individualperson, he has made such examination or investigation as is necessary to enable 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 notwhether, in the opinion of such individualperson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 6 contracts
Samples: Indenture (Global Telesystems Group Inc), Indenture (Hermes Europe Railtel B V), Indenture (Global Telesystems Europe B V)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04 hereof) shall include:
(a) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 5 contracts
Samples: Indenture (Viasat Inc), Indenture (Viasat Inc), Indenture (Diamond Offshore Drilling, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 5 contracts
Samples: Indenture (SS&C Technologies Holdings Inc), Indenture (Black Knight, Inc.), Indenture (Hill-Rom Holdings, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) Indenture, the Notes or the Security Documents shall include:
(a) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 5 contracts
Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (RR Donnelley & Sons Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 5 contracts
Samples: Indenture (Life Time Group Holdings, Inc.), Indenture (Life Time Group Holdings, Inc.), Indenture (Life Time Group Holdings, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers’ Certificate required by Section 4.09) 6.06, shall include:
(ai) a A statement that the individual Person making such certificate or opinion has read such covenant or condition;
(bii) a 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 A statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(div) a A statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 5 contracts
Samples: Indenture (Us Concrete Inc), Indenture (Bode Concrete LLC), Indenture (Bode Concrete LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual person 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 statement or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualperson, he has made such examination or investigation as is necessary to enable 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 individualperson, such condition or covenant or condition has been complied with; providedPROVIDED, howeverHOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 5 contracts
Samples: Indenture (Cai Wireless Systems Inc), Indenture (Loewen Group Inc), Indenture (Cai Wireless Systems Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.09) 4.04 hereof and shall include:
(a) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 5 contracts
Samples: Indenture (Sotera Health Co), Indenture (Sotera Health Co), Indenture (JELD-WEN Holding, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.07) shall include:
(a1) a statement that the individual 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officers’ Certificate as to matters of fact); and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 5 contracts
Samples: Senior Notes Indenture (TTM Technologies Inc), Senior Notes Indenture (TTM Technologies Inc), Senior Notes Indenture (Brinker International Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a1) a statement that the individual 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (which examination or investigation, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact or certificates of public officials); and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 5 contracts
Samples: Indenture (FTAI Infrastructure LLC), Indenture (Fortress Transportation & Infrastructure Investors LLC), Indenture (Fortress Transportation & Infrastructure Investors LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall must include:
(a) a statement that each person signing the individual making such certificate or opinion has read such the covenant or conditioncondition and the related definitions;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such the certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he that person has made such examination or investigation as is necessary to enable him the person 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 each such individualperson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 5 contracts
Samples: Indenture (Natura &Co Holding S.A.), Indenture (Telecom Argentina Sa), Indenture (Telecom Argentina Sa)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable 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 each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 5 contracts
Samples: Indenture (Alcon Inc), Indenture (Kansas City Southern), Indenture (KCS Holdings I, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04 hereof) shall include:
(a1) a statement that each person signing the individual 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 statement or opinions opinion contained in such the certificate or opinion are is based;
(c3) a statement that, in the opinion of each such individualperson, he that person has made such examination or investigation as is necessary to enable him the person 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 each such individualperson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 4 contracts
Samples: Indenture (Viasat Inc), Indenture (Maxar Technologies Inc.), Indenture (Maxar Technologies Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers' Certificate required by Section 4.09) 4.08, shall include:
(a1) a statement that the individual 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 individualperson, he has made such examination or investigation as is necessary to enable 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 each such individualperson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 4 contracts
Samples: Indenture (Vs Holdings Inc), Indenture (Aearo CO I), Indenture (Sheffield Steel Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to the certificate provided for in Section 4.094.03) shall include:
(a1) a statement that the individual 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him or her 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 individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate officer's certificate or certificates of public officials.
Appears in 4 contracts
Samples: Indenture (Thiokol Corp /De/), Indenture (Advanced Micro Devices Inc), Indenture (Getchell Gold Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall must include:
(a) a statement that each person signing the individual making such certificate or opinion has read such the covenant or conditioncondition and the related definitions;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such the certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he that person has made such examination or investigation as is necessary to enable him the person 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 each such individualperson, such condition or covenant or condition has been complied with; , provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 4 contracts
Samples: Indenture (Enduro SpA), Indenture (Emeco Parts Pty LTD), Indenture (Emeco Parts Pty LTD)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officer’s Certificate required by Section 4.09) 4.04, shall include:
(a1) a statement that the individual 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 4 contracts
Samples: Second Supplemental Indenture (CoreCivic, Inc.), First Supplemental Indenture (Corrections Corp of America), Indenture (Corrections Corp of America)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) and shall include:
(a) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 4 contracts
Samples: Indenture (Avantor, Inc.), Indenture (Avantor, Inc.), Indenture (Avantor, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall must include:
(a) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him or her 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 individualPerson, such condition or covenant or condition has been complied with; , provided, however, that with respect to matters an issuer of fact an Opinion of Counsel may reasonably rely as to any matter of fact on an Officers’ Certificate or certificates a certificate of a public officialsofficial.
Appears in 4 contracts
Samples: Indenture (Six Flags Entertainment Corp), Indenture (Six Flags Entertainment Corp), Indenture (Six Flags Entertainment Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, however that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 4 contracts
Samples: Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall must include:
(a1) a statement that the individual 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied withsatisfied; provided, however, provided that with respect to matters an issuer of fact an Opinion of Counsel may rely as to matters of fact on an Officers’ Officer’s Certificate or certificates a certificate of a public officialsofficial and an Officer executing an Officer’s Certificate may rely as to legal conclusions on an Opinion of Counsel.
Appears in 4 contracts
Samples: Indenture (Adient PLC), Indenture (Specialty Building Products, Inc.), Indenture (Forterra, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (which examination or investigation, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact or certificates of public officials); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 4 contracts
Samples: Indenture (Meredith Corp), Indenture (Meredith Corp), Indenture (Time Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to the certificate provided for in Section 4.094.03 hereof) shall include:
(a1) a statement that the individual 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him or her 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 individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate officer's certificate or certificates of public officials.
Appears in 4 contracts
Samples: Indenture (Guitar Center Inc), Indenture (Libbey Inc), Indenture (Entercom Radio LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than an Officer’s Certificate provided pursuant to Section 4.094.04) shall include:
(a1) a statement that the individual 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 4 contracts
Samples: Indenture (Block, Inc.), Indenture (Coinbase Global, Inc.), Indenture (Square, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual 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 individual, he has made such examination or investigation as is necessary to enable 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 individual, such covenant or condition has been complied with; providedPROVIDED, howeverHOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 4 contracts
Samples: Indenture (Intelsat LTD), Indenture (PanAmSat Holding CORP), Indenture (Intelsat LTD)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 4 contracts
Samples: Indenture (Amentum Holdings, Inc.), Indenture (Covanta Holding Corp), Indenture (New Fortress Energy Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officer’s Certificate required by Section 4.09) 4.06, shall include:
(a1) a statement that the individual 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 individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 4 contracts
Samples: Indenture (Quality Care Properties, Inc.), Indenture (CareTrust REIT, Inc.), Indenture (Ply Gem Holdings Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable 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 each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer's Certificate or certificates of public officials.
Appears in 4 contracts
Samples: Indenture (Glaxosmithkline PLC), Indenture (Glaxosmithkline Capital Inc), Indenture (Glaxosmithkline Capital Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.094.05(b)) shall include:
(a1) a statement that the individual 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 statement or opinions contained in such certificate or opinion are based;
(c3) a brief statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable 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 individualPerson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 4 contracts
Samples: Indenture (Isp Holdings Inc), Indenture (Building Materials Corp of America), Indenture (Building Materials Corp of America)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall includeIndenture:
(a1) a statement that the individual making such certificate or opinion has read such covenant covenants or conditionconditions 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 individual, he has made such examination or investigation as is necessary to enable him such individual to express an informed opinion as to whether or not such covenant covenants or condition has conditions precedent have been complied with; and
(d4) a statement as to whether or not, in the opinion of such individual, such covenant all covenants or condition has conditions precedent as provided for in this Indenture relating to the proposed action have been complied with; provided, however, that with respect to matters of fact an . In giving such Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ Officer’s Certificate or on certificates of public officials.
Appears in 4 contracts
Samples: Indenture (Owens & Minor Inc/Va/), Indenture (Option Care Health, Inc.), Indenture (Thor Industries Inc)
Statements Required in Certificate or Opinion. Each certificate (other than certificates provided pursuant to Section 4.4 hereof) or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the each individual making signing 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 each such individualperson, he or she has made such examination or investigation as is necessary to enable 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 each such individualperson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates certificate of public officials.
Appears in 3 contracts
Samples: Subordinated Indenture (Fuelcell Energy Inc), Subordinated Indenture (Fuelcell Energy Inc), Subordinated Indenture (Fuelcell Energy Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than except Officer’s Certificates delivered pursuant to Section 4.093.12) shall include:
(a1) a statement that the individual 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 individual, he has made such examination or investigation as is necessary to enable him such individual 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 individual, such covenant or condition has been complied with; provided, however, that with respect to matters of fact an . In giving such Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ Officer’s Certificate or on certificates of public officials.
Appears in 3 contracts
Samples: Indenture (Frontier Communications Parent, Inc.), Indenture (Frontier Communications Parent, Inc.), Indenture (Frontier Communications Parent, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall must include:
(a) a statement that each person signing the individual making such certificate or opinion has read such the covenant or conditioncondition and the related definitions;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such the certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he that person has made such examination or investigation as is necessary to enable him the person 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 each such individualperson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 3 contracts
Samples: Indenture (Life Partners IRA Holder Partnership, LLC), Indenture (Rex Energy Corp), Indenture (China XD Plastics Co LTD)
Statements Required in Certificate or Opinion. Each certificate Officers’ Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition (except for such Officers’ Certificate required to be delivered pursuant to Section 4.05 hereof) provided for in this Indenture (other than pursuant to Section 4.09) shall will include:
(a) a statement that the individual each Person making such certificate Officers’ Certificate or opinion Opinion of Counsel 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 statements, judgments or opinions contained in such certificate Officers’ Certificate or opinion Opinion of Counsel are based;
(c) a statement that, in the judgment or opinion of each such individualPerson, he has made such examination or investigation as is necessary to enable him such Person to express an informed judgment or opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or notthat, in the judgment or opinion of such individualPerson, such covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 3 contracts
Samples: Indenture (Medicine Man Technologies, Inc.), Indenture (Protalix BioTherapeutics, Inc.), Indenture (Layne Christensen Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officer’s Certificate required by Section 4.09) 4.06, shall include:
(a1) a statement that the individual 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 individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been satisfied or complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 3 contracts
Samples: Indenture (Navios South American Logistics Inc.), Indenture (Navios Maritime Holdings Inc.), Indenture (Navios South American Logistics Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a1) a statement that the individual 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 3 contracts
Samples: Indenture (Concordia Healthcare Corp.), Indenture (Concordia Healthcare Corp.), Indenture (Banro Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers' Certificate required by Section 4.09) 5.7, shall include:
(a1) a statement that the individual 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 individualperson, he or she has made such examination or investigation as is necessary to enable him or her 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 each such individualperson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 3 contracts
Samples: Indenture (Color Spot Nurseries Inc), Indenture (Color Spot Nurseries Inc), Indenture (Color Spot Nurseries Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a1) a statement that the individual making each Person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(c3) a statement that, in the opinion of each such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her 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 notwhether, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 3 contracts
Samples: Indenture (Nii Holdings Inc), Indenture (Nii Holdings Cayman LTD), Indenture (Nii Holdings Cayman LTD)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04 hereof) shall include:
(aA) a statement that the individual Person 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 individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(dD) (D) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate officer’s certificate or certificates of public officials.
Appears in 3 contracts
Samples: Indenture (Organon & Co.), Indenture (Organon & Co.), Indenture (Organon & Co.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.093.18) shall include:
(a) a statement that the individual 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 individual, he has made such examination or investigation as is necessary to enable 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 individual, such covenant or condition has been complied with; provided, however, that with respect to matters of fact an . In giving such Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ Certificate or on certificates of public officials.
Appears in 3 contracts
Samples: Indenture (Deluxe Corp), Indenture (Deluxe Corp), Indenture (Deluxe Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers' Certificate required by Section 4.09) 4.06, shall include:
(a1) a statement that the individual 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 individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 3 contracts
Samples: Indenture (MAAX Holdings, Inc.), Indenture (Communications & Power Industries Inc), Indenture (MAAX Holding Co.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(ai) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(ciii) a statement that, in the opinion of each such individualperson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 3 contracts
Samples: Indenture (Wyndham Hotel Corp), Indenture (Jones Lang Lasalle Inc), Indenture (Pacificare Health Systems Inc /De/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Senior Notes Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual 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 individual, he has made such examination or investigation as is necessary to enable 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 individual, such covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 3 contracts
Samples: Senior Notes Indenture (Beverage Packaging Holdings (Luxembourg) IV S.a r.l.), Senior Notes Indenture (RenPac Holdings Inc.), Senior Notes Indenture (RenPac Holdings Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers' Certificate required by Section 4.09) 4.06, shall include:
(a1) a statement that the individual 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 individualPerson, he has made such examination or investigation as is reasonably necessary to enable 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 each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to such matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates certificate of public officials, and provided, further, that an Opinion of Counsel may have qualifications for opinions of the type required.
Appears in 3 contracts
Samples: Indenture (Philipp Brothers Chemicals Inc), Indenture (Pahc Holdings Corp), Indenture (Phibro Animal Health Corp)
