Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include: (1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based; (3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 52 contracts
Samples: Indenture (UWM Holdings Corp), Indenture (Mr. Cooper Group Inc.), Indenture (UWM Holdings Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this the Indenture must include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 47 contracts
Samples: Indenture (UWM Holdings Corp), Indenture (Huntington Ingalls Industries, Inc.), Indenture (Enova International, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 22 contracts
Samples: Indenture (Amo Holdings LLC), Indenture (United Auto Group Inc), Indenture (Aep Industries Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 16 contracts
Samples: Indenture (Price Communications Corp), Indenture (Price Communications Corp), Indenture (Montgomery Cellular Telephone Co Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must includeIndenture:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that 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 with respect to matters of factofficials.
Appears in 13 contracts
Samples: Indenture (Wayfair Inc.), Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials with respect to matters of fact.
Appears in 13 contracts
Samples: Indenture (SB/RH Holdings, LLC), Indenture (SB/RH Holdings, LLC), Indenture (SB/RH Holdings, LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must Indenture, the Notes or the Notes Collateral Documents shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that 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 with respect to matters of factofficials.
Appears in 13 contracts
Samples: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 12 contracts
Samples: Indenture (Jazz Casino Co LLC), Indenture (Ggri Inc), Indenture (Capital Gaming International Inc /Nj/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers' Certificate required by Section 4.07, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 12 contracts
Samples: Indenture (Huntsman Advanced Materials (UK) LTD), Indenture (Huntsman Polymers Corp), Indenture (Huntsman LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than a certificate provided pursuant to Section 4.07) shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person 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
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 11 contracts
Samples: Senior Notes Indenture (Equitrans Midstream Corp), Senior Secured Notes Indenture (WeWork Inc.), Senior Notes Indenture (Equitrans Midstream Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1A) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2B) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3C) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person 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
(4D) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 11 contracts
Samples: Indenture (NXP Semiconductors N.V.), Indenture (Freescale Semiconductor, Ltd.), Indenture (NXP Semiconductors N.V.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must includeIndenture:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person such individual to express an informed opinion as to whether or not such covenant or condition has been satisfied or complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been satisfied or complied with, provided that 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 with respect to matters of factofficials.
Appears in 10 contracts
Samples: Indenture (Carvana Co.), Indenture (Carvana Co.), Indenture (Carvana Co.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1a) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3c) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person 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
(4d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 9 contracts
Samples: Indenture (Anywhere Real Estate Group LLC), Indenture (PBF Holding Co LLC), Indenture (Realogy Holdings Corp.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers’ Certificate required by Section 4.4, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 9 contracts
Samples: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers’ Certificate required by Section 4.07, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 9 contracts
Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP), Indenture (Wickes Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must includeIndenture:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person such individual to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that 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 with respect to matters of factofficials.
Appears in 9 contracts
Samples: Indenture (Ryan Specialty Holdings, Inc.), Indenture (Windstream Parent, Inc.), Indenture (Ryan Specialty Group Holdings, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with. With respect to matters of fact, provided that an Opinion of Counsel may rely on an Officers’ Certificate or Certificate, certificates of public officials with respect to matters or reports or opinions of factexperts.
Appears in 9 contracts
Samples: Indenture (Videotron Ltee), Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to regardless of whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or notwhether, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 8 contracts
Samples: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this the Indenture must include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials with respect to matters of fact.
Appears in 8 contracts
Samples: Indenture (Enova International, Inc.), Indenture (Enova International, Inc.), Indenture
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must (other than pursuant to Section 3.18) shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that 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 with respect to matters of factofficials.
Appears in 7 contracts
Samples: Indenture (Libbey Inc), Indenture (Libbey Inc), Indenture (Gibraltar Industries, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1a) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3c) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person 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 Officers’ Certificate as to matters of fact); and
(4d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 7 contracts
Samples: Indenture (United States Steel Corp), Indenture (Community Choice Financial Inc.), Indenture (Community Choice Financial Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied withmet; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withmet; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 6 contracts
Samples: Indenture (Doskocil Manufacturing Co Inc), Indenture (Community Distributors Inc), Indenture (Waterford Gaming LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withsatisfied; provided, provided however, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates a certificate of a public officials with respect to matters of factofficial.
Appears in 6 contracts
Samples: Indenture (Patrick Industries Inc), Indenture (Emergent BioSolutions Inc.), Indenture (Patrick Industries Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this the Indenture must include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of fact.
Appears in 6 contracts
Samples: Indenture (Vitro Sa De Cv), Indenture (Vitro Sa De Cv), Indenture (Compaq Computer Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must and shall include:
(1a) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3c) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person 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
(4d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 5 contracts
Samples: Indenture (Cogent Communications Holdings, Inc.), Indenture (Cogent Communications Holdings, Inc.), Indenture (Cogent Communications Holdings, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied (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
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, satisfied; provided that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 5 contracts
Samples: Indenture (Sabre Corp), Indenture (Sabre Corp), Indenture (Sabre Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than a certificate provided pursuant to Section 4.04 hereof) must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factsatisfied.
Appears in 5 contracts
Samples: Indenture (Tronox Holdings PLC), Indenture (Tronox LTD), Indenture (Tronox LTD)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person such Person has made such examination or investigation as is necessary to enable the person such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided provided, however, that an issuer of an Opinion of Counsel may reasonably rely as to any matter of fact on an Officers’ Certificate or certificates a certificate of a public officials with respect to matters of factofficial.
Appears in 5 contracts
Samples: Indenture (Smurfit Westrock PLC), Indenture (Smurfit WestRock PLC), Indenture (Smurfit WestRock PLC)
Statements Required in Certificate or Opinion. Each certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 5 contracts
Samples: Indenture (Fine Host Corp), Indenture (Cellular Communications International Inc), Indenture (Cellular Communications International Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person such Person has made such examination or investigation as is necessary to enable the person such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 5 contracts
Samples: Indenture (Versatel Telecom International N V), Indenture (Versatel Telecom International N V), Indenture (Versatel Telecom International N V)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withsatisfied; provided, provided that an issuer of an Opinion of Counsel may can rely as to matters of fact on an Officers’ Certificate or certificates a certificate of a public officials with respect to matters of factofficial.
Appears in 5 contracts
Samples: Indenture (Niska Gas Storage Partners LLC), Indenture (Radio One, Inc.), Indenture (Radio One, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion opinion, including any Opinion of Counsel, with respect to compliance with a covenant or condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that 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 with respect to matters of factofficials.
Appears in 5 contracts
Samples: Indenture (Baron Wire & Cable Corp.), Indenture (CCI International, Inc.), Indenture (Movie Gallery Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than statements delivered pursuant to Section 4.04) shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 5 contracts
Samples: Indenture (At&t Capital Corp /De/), Indenture (At&t Capital Corp /De/), Indenture (At&t Capital Corp /De/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; PROVIDED, provided HOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 4 contracts
Samples: Indenture (Jazz Casino Co LLC), Indenture (Ggri Inc), Indenture (Jazz Casino Co LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than pursuant to Section 5.03) shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 4 contracts
Samples: Indenture (Citadel Broadcasting Corp), Indenture (Citadel Broadcasting Corp), Indenture (Sina Corp)
Statements Required in Certificate or Opinion. Each --------------------------------------------- certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person such Person has made such examination or investigation as is necessary to enable the person such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 4 contracts
Samples: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this the Indenture must include:
(1) a statement that each person Person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such personPerson, that person Person has made such examination or investigation as is necessary to enable the person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of fact.
Appears in 4 contracts
Samples: Indenture (State Auto Financial Corp), Indenture (Roadway Corp), Indenture (Roadway Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the such certificate or opinion has read the such covenant or condition and the related definitionsdefinitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the such certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, provided that however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 4 contracts
Samples: Indenture (Earthlink Inc), Indenture (Earthlink Inc), Indenture (PAETEC Holding Corp.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must Indenture, the Notes or Collateral Documents shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that 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 with respect to matters of factofficials.
Appears in 4 contracts
Samples: Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, satisfied; provided that an issuer of an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect as to matters of factfact on an Officer’s Certificate or a certificate of a public official.
Appears in 4 contracts
Samples: Indenture (Ingram Micro Holding Corp), Indenture (Ingram Micro Holding Corp), Indenture (Custom Truck One Source, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than a certificate provided pursuant to Section 4.07) shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person 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
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 4 contracts
Samples: Senior Notes Indenture (Kosmos Energy Ltd.), Senior Notes Indenture (Kosmos Energy Ltd.), Senior Notes Indenture (Kosmos Energy Ltd.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, ; provided that an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials with respect to matters of fact.
Appears in 4 contracts
Samples: Indenture (Consensus Cloud Solutions, Inc.), Indenture (Consensus Cloud Solutions, Inc.), Indenture (J2 Global, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance by the Company with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person Person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such personPerson, that person Person has made such examination or investigation as is necessary to enable the person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 3 contracts
Samples: Indenture (Foster Wheeler Inc), Indenture (Foster Wheeler Inc), Indenture (Foster Wheeler LTD)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than the Officers’ Certificate required by Section 4.03) shall include:
(1) a statement that each person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such covenant or condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 3 contracts
Samples: Indenture (Leucadia National Corp), Indenture (Leucadia National Corp), Indenture (Leucadia National Corp)
Statements Required in Certificate or Opinion. Each --------------------------------------------- certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that 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 with respect to matters of factofficials.
Appears in 3 contracts
Samples: Indenture (Global Imaging Systems Inc), Indenture (Advanced Glassfiber Yarus LLC), Indenture (BGF Industries Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied withmet; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withmet; provided, provided that however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 3 contracts
Samples: Indenture (MTR Gaming Group Inc), Senior Indenture (Cross Equipment Company, Inc.), Subordinated Indenture (Cross Equipment Company, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each the Company, such person, that person has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personthe Company, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact' Certificate.
Appears in 3 contracts
Samples: Indenture (Del Webb Corp), Indenture (Del Webb Corp), Indenture (Del Webb Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers' Certificate required by Section 4.6, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 3 contracts
Samples: Indenture (Everest One Ipa Inc), Indenture (Hanger Orthopedic Group Inc), Indenture (PSS Holding Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; PROVIDED, provided HOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 3 contracts
Samples: Indenture (Tower Automotive Inc), Indenture (Petsmart Inc), Indenture (Pride Petroleum Services Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must includeIndenture:
(13) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(24) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(35) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(46) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that 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 with respect to matters of factofficials.
Appears in 2 contracts
Samples: Indenture (GCP Applied Technologies Inc.), Indenture (W R Grace & Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than a certificate provided pursuant to Section 4.04) shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person 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
(4) a statement as to whether or not, in the opinion of each such personPerson, such covenant or condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Samples: Indenture (Hudbay Minerals Inc.), Indenture (Hudbay Minerals Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officer's Certificate required by Section 4.06, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Samples: Indenture (3003969 Nova Scotia LTD), Indenture (Universal Compression Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this First Priority Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied withmet; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withmet; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Samples: Indenture (Satelites Mexicanos Sa De Cv), Indenture (Satelites Mexicanos Sa De Cv)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers’ Certificate required by Section 4.06, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Samples: Indenture (Global Crossing Uk Telecommunications LTD), Indenture (Global Crossing LTD)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers' Certificate required by Section 4.04, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Samples: Indenture (Mobile Field Office Co), Indenture (Williams Scotsman of Canada Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than a certificate provided pursuant to Section 4.04) shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person 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
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or notthat, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Samples: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than the Officers' Certificate required by Section 4.03) shall include:
(1) a statement that each person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such covenant or condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Samples: Indenture (Leucadia National Corp), Indenture (Leucadia National Corp)
Statements Required in Certificate or Opinion. Each certificate Certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a A statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; PROVIDED, provided HOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Samples: Indenture (Platinum Technology Inc), Indenture (Platinum Technology Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Samples: Indenture (Euramax International PLC), Indenture (Carrols Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than pursuant to Section 4.11) shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Samples: Indenture (General Chemical Group Inc), Indenture (Gentek Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with; provided, provided that an Opinion of Counsel may can rely as to matters of fact on an Officers’ ' Certificate or certificates a certificate of a public officials with respect to matters of fact.official..
Appears in 2 contracts
Samples: Indenture (Chief Auto Parts Inc), Indenture (Chief Auto Parts Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than a certificate pursuant to Section 4.04) must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person such Person has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Samples: Indenture (Herbalife Ltd.), Indenture (Herbalife Nutrition Ltd.)
Statements Required in Certificate or Opinion. Each certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, -------- ------- that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Samples: Indenture (Halter Marine Group Inc), Indenture (Data Processing Resources Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied withmet; andand 102
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withmet; provided, provided that however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Samples: Indenture (Radiologix Inc), Indenture (Radiologix Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers’ Certificate required by Section 4.06, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Samples: Indenture (Standard Commercial Corp), Indenture (Kinetic Concepts Inc /Tx/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture and must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, satisfied. provided that an issuer of an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect as to matters of factfact on an Officer’s Certificate or a certificate of a public official.
Appears in 2 contracts
Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Samples: Indenture (Millennium Pharmaceuticals Inc), Indenture (Keystone Marketing Services Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; PROVIDED, provided HOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Samples: Subordinated Indenture (Forest Oil Corp), Indenture (Timber Tech Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers' Certificate required by Section 4.06, shall include:
: (1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitions;
condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
; (3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
and (4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Samples: Indenture (Ameristar Casinos Inc), Indenture (Sitel Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must may include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Samples: Indenture (Cadiz Inc), Indenture (Cadiz Inc)
Statements Required in Certificate or Opinion. Each certificate Officers' Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that . In giving an Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ ' Certificate or on certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Samples: Indenture (Constar International Inc), Indenture (Constar Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withmet; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withmet; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers' Certificate required by Section 4.6, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Samples: Indenture (LNR Property Corp), Indenture (Lennar Corp /New/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied withmet; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withmet; provided, provided that however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Samples: Indenture (Penton Media Inc), Indenture (Penton Media Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Samples: Indenture (Gamco Investors, Inc. Et Al), Indenture (Gamco Investors, Inc. Et Al)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers' Certificate required by Section 4.07, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an 103 104 informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this the Indenture must include:
(1) a statement that each person Person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such personPerson, that person Person has made such examination or investigation as is necessary to enable the person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that 90 an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of fact.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondi tion;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion opin ion of each such personindividual, such covenant or condition or covenant has been complied with, provided ; PROVIDED that an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of fact.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion CP Certificate and Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the certificate Person making such CP Certificate or opinion Opinion of Counsel has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the certificate such CP Certificate or opinion is Opinion of Counsel are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or notthat, in the opinion of each such personPerson, such covenant or condition or covenant has been complied with; provided, provided however, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ a CP Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 1 contract
Samples: Indenture (WESTMORELAND COAL Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this the Indenture must include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person 90 97 to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of fact.
Appears in 1 contract
Samples: Indenture (Century Aluminum Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the certificate Person making such cer- tificate or opinion has read the such covenant or condition and the related definitionscon- dition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, ; provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factoffi- cials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this the Indenture must include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;; Table of Contents
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion of a Person with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person such Person has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factCertificate.
Appears in 1 contract
Samples: Indenture (Eldorado Resorts LLC)
Statements Required in Certificate or Opinion. Each --------------------------------------------- certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, ; provided -------- that an Opinion of Counsel may can rely as to matters of fact on an Officers’ ' Certificate or certificates a certificate of a public officials with respect to matters of factofficial.
Appears in 1 contract
Samples: Indenture (Terra Industries Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers’ Certificate required by Section 4.04, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 1 contract
Samples: Indenture (Williams Scotsman Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person Person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such personPerson, that person Person has made such examination or investigation as is necessary to enable the person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 1 contract
Samples: Indenture (Barnes Group Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with; provided, 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 with respect to matters of factofficials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, ; provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
: (1) a statement that each person signing the Person1making such certificate or opinion has read the such covenant or condition and the related definitions;
condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
; (3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
and (4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 1 contract
Samples: Indenture (Arris Group Inc)
Statements Required in Certificate or Opinion. (a) Each certificate Officer’s Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this the Indenture must shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 1 contract
Samples: Indenture (Advance Auto Parts Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must (except for certificates provided for in Section 8.6) shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that . In giving an Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ ' Certificate or on certificates of public officials with respect to matters of factofficials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with; PROVIDED that with respect to matters of fact, provided that an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates on a certificate of an appropriate public officials with respect to matters of factofficial.
Appears in 1 contract
Samples: Indenture (Enodis PLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withmet; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withmet; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers' Certificate required by Section 4.06, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.. 103
Appears in 1 contract
Samples: Indenture (Penn National Gaming Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided -------- however, that with respect to matters of fact an Opinion of Counsel may rely on ------- an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance compli- ance with a covenant or condition or covenant provided for in this Indenture must Inden- ture shall include:
(1) a statement that each person signing the certificate individual making such cer- tificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindi- vidual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that an Opinion of Counsel with and such other opinions as the Trustee may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factreasonably request.
Appears in 1 contract
Samples: Indenture (Atlas Air Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionsdefinitions relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate Certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a A statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 1 contract
Samples: Indenture (Platinum Technology Inc)
