Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include: (1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based; (3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 53 contracts
Samples: Indenture (Best Buy Co Inc), Indenture (Best Buy Co Inc), Indenture (Laboratory Corp of America Holdings)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture Indenture, other than the Officers' Certificate required by Section 4.06, shall include:
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied with.
Appears in 37 contracts
Samples: Indenture (Altra Industrial Motion, Inc.), Indenture (Nationsrent Companies Inc), Credit Agreement (Golfsmith International Holdings Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making individual signing such Officers' Certificate certificate or Opinion opinion on behalf of Counsel the Company has read such covenant or conditioncondition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether, in the opinion of each such personindividual, such condition or covenant or condition has been complied with.
Appears in 23 contracts
Samples: Indenture (Lifetime Brands, Inc), Exchange and Redemption Agreement (Ciphergen Biosystems Inc), Indenture (Cv Therapeutics Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 19 contracts
Samples: Indenture (Gtech Holdings Corp), Indenture (PRG Schultz International Inc), Indenture (Pharmaceutical Resources Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.03) shall include:
(1a) a statement that each person making the Person signing such Officers' Certificate certificate or Opinion of Counsel rendering such opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he such Person has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 15 contracts
Samples: Indenture (NTL Delaware Inc), Bridge Loan Agreement (NTL Inc /De/), Securities Purchase Agreement (American Skiing Co /Me)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to TIA § 314(a)(4)) which shall comply with the provisions of TIA § 314(e) and shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 15 contracts
Samples: Indenture (NortonLifeLock Inc.), Investment Agreement, Investment Agreement (NortonLifeLock Inc.)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture Indenture, other than the Officers' Certificate required by Section 4.06, shall include:
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or conditioncondition and the definitions relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied with.
Appears in 14 contracts
Samples: Securities Purchase Agreement (Wilson Greatbatch Technologies Inc), Indenture (Management Solutins Inc/), Indenture (Perry-Judds Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.03) shall include:
(1a) a statement that each the person making signing such Officers' Certificate certificate or Opinion of Counsel rendering such opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such person, he such person has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 13 contracts
Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 11 contracts
Samples: Indenture (Walt Disney Co/), Indenture (Dc Holdco Inc), Indenture (Dc Holdco Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than the certificate required by Section 4.3) shall include:
(1a) a statement that each person making signing such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such Officers' Certificate certificate or Opinion of Counsel are opinion is based;
(3c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of each such person, such condition or covenant or condition has been complied with; provided, however , that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 11 contracts
Samples: Senior Indenture (MULTI COLOR Corp), Subordinated Indenture (MULTI COLOR Corp), Senior Indenture (Meridian Bioscience Inc)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1i) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3iii) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 10 contracts
Samples: Indenture (Fortuna Silver Mines Inc), Indenture (SSR Mining Inc.), Indenture (First Majestic Silver Corp)
Statements Required in Certificate or Opinion. Each Officers' Officer's Certificate or and Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person Person making such Officers' Officer's Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer's Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such personPerson, he such Person has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with; provided, however, that with respect to matters of fact not involving any legal conclusion, an Opinion of Counsel may rely on an Officer's Certificate or certificates of public officials.
Appears in 9 contracts
Samples: Indenture (Pseg Power Capital Trust V), Indenture (Public Service Enterprise Group Inc), Indenture (Public Service Enterprise Group Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.4) shall includeinclude substantially:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read and understands such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied withsatisfied.
Appears in 8 contracts
Samples: Indenture (Group 1 Automotive Inc), Indenture (Acushnet Holdings Corp.), Indenture (Brinker International, Inc)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1i) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3iii) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 7 contracts
Samples: Indenture (Accuray Inc), Indenture (Accuray Inc), Indenture (Accuray Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person the individual making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (which, 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 thatas to whether or not, in the opinion of such personindividual, such covenant or condition has been complied with.
Appears in 7 contracts
Samples: Indenture (Eclipse Resources Corp), Indenture (Eclipse Resources Corp), Indenture (Magnum Hunter Resources Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than certificates provided pursuant to Section 4.03) shall include:
(1) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 7 contracts
Samples: Indenture (Circus Finance Ii), Indenture (Tci Communications Financing Iv), Indenture (Xl Capital LTD)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture or any Collateral Agreement, other than the Officers’ Certificate required by Section 4.06, shall include:
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied with.
Appears in 6 contracts
Samples: Indenture (Verrazano,inc.), Indenture (Broadview Networks Holdings Inc), Indenture (Sand Springs Railway CO)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture or any Collateral Agreement, other than the Officers' Certificate required by Section 4.06, shall include:
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied with.
Appears in 6 contracts
Samples: Indenture (Eschelon Telecom Inc), Indenture (MRS Fields Financing Co Inc), Indenture (American Rock Salt Co LLC)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such 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 thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 6 contracts
Samples: Indenture (Scios Inc), Indenture (Gilead Sciences Inc), Indenture (Charming Shoppes Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person making individual signing such Officers' Certificate certificate or Opinion opinion on behalf of Counsel the Company has read such covenant or conditioncondition and the definitions herein relating thereto;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether, in the opinion of each such personindividual, such condition or covenant or condition has been complied with.
Appears in 6 contracts
Samples: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Nektar Therapeutics), Indenture (Nektar Therapeutics)
Statements Required in Certificate or Opinion. Each Officers' Certificate Every certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person making individual signing such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personindividual, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether, in the opinion of each such personindividual, such condition or covenant or condition has been complied with.
Appears in 6 contracts
Samples: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD)
Statements Required in Certificate or Opinion. Each Officers' Officer's Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1i) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3iii) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 6 contracts
Samples: Indenture (Equinox Gold Corp.), Indenture (Yingli Green Energy Holding Co LTD), Indenture (LDK Solar Co., Ltd.)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1a) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 5 contracts
Samples: Indenture (WebMD Health Corp.), Indenture (WebMD Health Corp.), Indenture (WebMD Health Corp.)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 5 contracts
Samples: Exchange Agreement (James River Coal CO), Indenture (Quantum Corp /De/), Indenture (Toll Brothers Inc)
Statements Required in Certificate or Opinion. Each --------------------------------------------- Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 5 contracts
Samples: Indenture (Reebok International LTD), Indenture (Resmed Inc), Indenture (Tyco International LTD /Ber/)
Statements Required in Certificate or Opinion. Each ------------------------------------------------------------ Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 5 contracts
Samples: Indenture (Marriott International Inc /Md/), Indenture (Danaher Corp /De/), Indenture (Lowes Companies Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than certificates provided pursuant to Section 4.03) shall include:
: (1) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
; (3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such 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 thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 5 contracts
Samples: Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a covenant or condition (except for such Officer’s Certificate required to be delivered pursuant to Section 5.03 or Section 7.01(b)) provided for in this Indenture shall include:
(1a) a statement that each person individual making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions judgments contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable such person individual to express an informed opinion judgment as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such personindividual, such covenant or condition has been complied with.
Appears in 5 contracts
Samples: Indenture (Nextera Energy Partners, Lp), Indenture (Nextera Energy Partners, Lp), Indenture (NextEra Energy Partners, LP)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture Indenture, other than the Officers' Certificate required by Section 4.6 shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied with.
Appears in 5 contracts
Samples: Indenture (Hawk Motors Inc), Indenture (Hutchinson Products Corp), Indenture (Hawk Brake Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making individual signing such Officers' Certificate certificate or Opinion opinion on behalf of Counsel the Company, has read such covenant or conditioncondition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether, in the opinion of each such personindividual, such condition or covenant or condition has been complied with.
Appears in 5 contracts
Samples: Indenture (Apogent Technologies Inc), Indenture (Networks Associates Inc/), Indenture (Alloy Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture shall must include:
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such 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 thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied withsatisfied; provided that an issuer of an Opinion of Counsel may rely as to matters of fact on an Officer’s Certificate or a certificate of a public official and an Officer executing an Officer’s Certificate may rely as to legal conclusions on an Opinion of Counsel.
Appears in 4 contracts
Samples: Indenture (Adient PLC), Indenture (Specialty Building Products, Inc.), Indenture (Forterra, Inc.)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1i) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3iii) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 4 contracts
Samples: Indenture (SFBC International Inc), Indenture (Terremark Worldwide Inc), Indenture (Medis Technologies LTD)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture or the Collateral Documents (other than a certificate provided pursuant to Section 4.04) shall include:
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such 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 thatas to whether or not, in the opinion of such personPerson, such covenant or condition has been complied with.
Appears in 4 contracts
Samples: Indenture (Concordia International Corp.), Indenture (Concordia Investment Holdings (Jersey) LTD), Indenture (Concordia International Corp.)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture shall must include:
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such 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 thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied withsatisfied. If giving an Opinion of Counsel, counsel may rely as to factual matters on an Officer’s Certificate or certificates of public officials.
Appears in 4 contracts
Samples: Indenture, Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.04 hereof) and shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he such Person has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied withsatisfied.
Appears in 4 contracts
Samples: Indenture (Gannett Co., Inc.), Indenture (Arconic Corp), Indenture (Arconic Rolled Products Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.3) shall include:
(1a) a statement that each the person making signing such Officers' Certificate certificate or Opinion of Counsel rendering such opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such person, he such person has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 4 contracts
Samples: Indenture (Komag Inc /De/), Indenture (Coeur D Alene Mines Corp), Indenture (Coeur D Alene Mines Corp)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 4 contracts
Samples: Trust Indenture and Security Agreement (Korth Direct Mortgage Inc.), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than the certificate required by Section 4.03) shall include:
(1a) a statement that each person making signing such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such Officers' Certificate certificate or Opinion of Counsel are opinion is based;
(3c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of each such person, such condition or covenant or condition has been complied with.
Appears in 3 contracts
Samples: Indenture (Calpine Corp), Indenture (First American Financial Corp), Indenture (Owens Corning)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a covenant or condition (except for such Officer’s Certificate required to be delivered pursuant to Section 4.03) provided for in this Indenture shall include:
(1a) a statement that each person Person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions judgments contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion judgment of each such personPerson, he has made such examination or investigation as is necessary to enable such person Person to express an informed opinion judgment as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion judgment of such personPerson, such covenant or condition has been complied with.
Appears in 3 contracts
Samples: Indenture (Rh), Indenture (Rh), Indenture (Restoration Hardware Holdings Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 3 contracts
Samples: Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion provided for in this Indenture and delivered to the Trustee with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
include (1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
; (2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
; (3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
and (4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 3 contracts
Samples: Indenture (Oshkosh Corp), Indenture (Oshkosh Corp), Indenture (Oshkosh Corp)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1i) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3iii) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 3 contracts
Samples: Indenture (Protein Design Labs Inc/De), Indenture (Five Star Quality Care Inc), Indenture (Terremark Worldwide Inc)
Statements Required in Certificate or Opinion. Each Officers' Officer's Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Officer's Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer's Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 3 contracts
Samples: Indenture (Labone Inc/), Indenture (Omi Corp/M I), Indenture (CBIZ, Inc.)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1) a statement that each the person making such Officers' ’ Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' ’ Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such 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 thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 3 contracts
Samples: Indenture (Cabot Corp), Indenture (Cabot Corp), Indenture (Cabot Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.03) shall include:
(1a) a statement that each person making the Persons signing such Officers' Certificate certificate or Opinion of Counsel rendering such opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he such Person has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 3 contracts
Samples: Indenture (Doubleclick Inc), Indenture (Benchmark Electronics Inc), Indenture (Young & Rubicam Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than Officers’ Certificates delivered pursuant to Section 4.03) shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied withsatisfied.
Appears in 3 contracts
Samples: Indenture (Cenveo, Inc), Indenture (Cenveo, Inc), Indenture (Cenveo, Inc)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' ’ Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' ’ Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 3 contracts
Samples: Indenture (Freeport McMoran Copper & Gold Inc), Indenture (McMoran Exploration Co /De/), Indenture (McMoran Exploration Co /De/)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture other than certificates provided pursuant to Section 4.07 shall include:
: (1) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
; (3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such 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 thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.. 57
Appears in 3 contracts
Samples: Indenture (Tci Communications Inc), Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making individual signing such Officers' Certificate certificate or Opinion opinion on behalf of Counsel the Company or relevant Guarantor, as applicable, has read such covenant or conditioncondition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether, in the opinion of each such personindividual, such condition or covenant or condition has been complied with.
Appears in 3 contracts
Samples: Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Emerald Oil, Inc.)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1) a statement that each person the Person making such Officers' ’ Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' ’ Certificate or of Opinion of Counsel are based;
(3) a statement that, in the opinion of each such personPerson, he such Person has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, as to whether or not in the opinion of such personPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate.
Appears in 2 contracts
Samples: Indenture (Mandalay Resort Group), Indenture (Mandalay Resort Group)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person Person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (Amerus Group Co/Ia), Indenture (Netease Com Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture Indenture, other than the Officers’ Certificate required by Section 4.6, shall include:
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (LNR Property Corp), Indenture (LNR Property Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture Indenture, other than the Officers' Certificate required by Section 4.06, shall include:
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or conditioncondition and the definitions relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (Therma Wave Inc), Indenture (Therma Wave Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture other than certificates provided pursuant to Section 4.03 shall include:
(1) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person making individual signing such Officers' Certificate certificate or Opinion opinion on behalf of Counsel the Company, has read such covenant or conditioncondition and the definitions herein relating thereto;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether, in the opinion of each such personindividual, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (Mindspeed Technologies, Inc), Indenture (Infocrossing Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.04 hereof) and shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied withsatisfied.
Appears in 2 contracts
Samples: Indenture (Resideo Technologies, Inc.), Indenture (Delphi Technologies PLC)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1) a statement that each the person making such Officers' Officer's Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer's Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (Southwest Water Co), Indenture (Southwest Water Co)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.07) shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such 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
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (Matthews International Corp), Indenture (Matthews International Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1) a statement that each person the Person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied withmet; and
(4) a statement thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied withmet; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers' Certificate or certificates of public officials.
Appears in 2 contracts
Samples: Indenture (HPSC Inc), Indenture (HPSC Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person making individual signing such Officers' Certificate certificate or Opinion opinion on behalf of Counsel the Issuer has read such covenant or conditioncondition and the definitions herein relating thereto;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether, in the opinion of each such personindividual, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (BMB Munai Inc), Indenture (BMB Munai Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture other than certificates provided pursuant to Section 4.07 shall include:
: (1) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
; (3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.and 54
Appears in 2 contracts
Samples: Indenture (Tci Communications Inc), Indenture (Tele Communications Inc /Co/)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person Person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (Artesyn Technologies Inc), Indenture (Memberworks Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.04) shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such 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
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (Sibanye Stillwater LTD), Indenture (Sibanye Gold LTD)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture other than certificates provided pursuant to Section 3.9 shall include:
(1a) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) with respect to each certificate, a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (All Star Gas Corp), Indenture (All Star Gas Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than the certificate required by Section 4.04) shall include:
(1a) a statement that each person making signing such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such Officers' Certificate certificate or Opinion of Counsel are opinion is based;
(3c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of each such person, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (Western Union CO), Indenture (Western Union CO)
Statements Required in Certificate or Opinion. Each Officers' Certificate --------------------------------------------- certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.03) shall include:
(1a) a statement that each the person making signing such Officers' Certificate certificate or Opinion of Counsel rendering such opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such person, he such person has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (Stillwater Mining Co /De/), Indenture (NTL Inc /De/)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a covenant or condition (except for such Officers’ Certificate required to be delivered pursuant to Section 4.04) provided for in this Indenture shall include:
(1a) a statement that each person individual making such Officers' ’ Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions judgments contained in such Officers' ’ Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable such person individual to express an informed opinion judgment as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such personindividual, such covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (Carriage Services Inc), Indenture (Carriage Services Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate, Guarantor's Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person making such Officers' Certificate, Guarantor's Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate, Guarantor's Officers' Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Financial Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person the individual making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (which, 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 thatas to whether or not, in the opinion of such personindividual, such covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than certificates provided pursuant to Section 4.03) shall include:
: (1) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;; 43
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
; (3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such 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 thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include, without limitation:
(1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (Vishay Intertechnology Inc), Indenture (Novellus Systems Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than the certificate required by Section 4.04(a)) shall include:
(1) a statement that each person making signing such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such Officers' Certificate certificate or Opinion of Counsel are opinion is based;
(3) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such 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 thatas to whether or not, in the opinion of each such person, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Samples: Indenture (CF Industries Holdings, Inc.), Indenture (CF Industries Holdings, Inc.)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture Indenture, other than the Officer's Certificate required by Section 4.06, shall include:
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or conditioncondition and the definitions relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a covenant or condition (except for such Officer’s Certificate required to be delivered pursuant to Section 5.03) provided for in this Indenture shall include:
(1a) a statement that each person Person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable such person Person to express an informed opinion judgment as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture Agreement shall include:
(1) a statement that each the person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such 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 thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 1 contract
Samples: Fiscal Agency Agreement (White Mountains Insurance Group LTD)
Statements Required in Certificate or Opinion. Each Officers' Unless the Trustee agrees, in its sole discretion, to accept a different form or format, each Officer’s Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1i) a statement that each person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3iii) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Samples: Indenture (Mgic Investment Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture Agreement or any Security Document, other than the Officers’ Certificate required by Section 5.4, shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied with.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Atlantic Express Transportation Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than the certificate contemplated in Section 4.04 of this Indenture) shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied withsatisfied.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture Indenture, other than the Officers' Certificate required by Section 4.06, shall include:
: (1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
condition and the definitions relating thereto; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
; (3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture Indenture, other than the Officers' Certificate required by Section 4.06, shall include:
(1i) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3iii) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied with.
Appears in 1 contract
Samples: Indenture (Coinmach Laundry Corp)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or and Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person Person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such personPerson, he such Person has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with; provided, however, that with respect to matters of fact not involving any legal conclusion, an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (Southwest Gas Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture Indenture, other than the Officers' Certificate required by Section 4.06, shall include:
: (1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
condition and the definitions relating thereto; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
; (3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such 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 thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is reasonably necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Samples: Indenture (Pg&e Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture Indenture, any Collateral Document or any other Financing Document other than the Officers’ Certificate required by Section 4.06, shall include:
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied with.
Appears in 1 contract
Samples: Indenture (Molecular Insight Pharmaceuticals, Inc.)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.03) shall include:
(1a) a statement that each person making the Persons signing such Officers' Certificate certificate or Opinion of Counsel rendering such opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he such Person has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1a) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1a) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 1 contract
Samples: Indenture (LDK Solar Co., Ltd.)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.07) shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 1 contract
Samples: Indenture (Permian Resources Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person the individual making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of such personindividual, such covenant or condition has been complied withwith provided, that, an opinion of counsel may rely on an Officer's Certificate or certificates of public officials with respect to matters of fact.
Appears in 1 contract
Samples: Indenture (Amis Holdings Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;; [[NYCORP:2551417v7:3642W:11/08/05--03:56 p]]
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of each such person, such covenant or condition has been complied with.
Appears in 1 contract
Samples: Indenture (Chesapeake Energy Corp)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person the individual making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of such personindividual, such covenant or condition has been complied with. In giving an Opinion of Counsel, counsel may rely as to factual matters on an Officers’ Certificate or on certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Certificate --------------------------------------------- certificate or Opinion of Counsel opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.20 hereof) shall include:
: (1a) a statement that each person the individual making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
; (2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
; (3c) a statement that, in the opinion of each such personindividual, he such person has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
and (4d) a statement thatas to whether or not, in the opinion of such personindividual, such covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Certificate ----------------------------------------------- certificate or Opinion of Counsel opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.19 or Article XI hereof) shall include:
: (1a) a statement that each person the individual making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
, (2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
, (3c) a statement that, in the opinion of each such personindividual, he such person has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
, and (4d) a statement thatas to whether or not, in the opinion of such personindividual, such covenant or condition has been complied with.
Appears in 1 contract
Samples: Indenture (Azteca Holdings Sa De Cv)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a covenant or condition (except for such Officers’ Certificate required to be delivered pursuant to Section 4.03 hereof) provided for in this Indenture shall will include:
(1a) a statement that each person Person making such Officers' ’ Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' ’ Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate (except for certificates provided pursuant to Section 4.02) or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1a) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such person, he the person has made such examination or investigation as is necessary to enable such the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 1 contract
Samples: Indenture (Lockheed Martin Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate or and Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person Person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with; provided, however, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers' Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (Nortek Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture Indenture, other than the Officers' Certificate required by Section 4.06, shall include:
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are 108 -108- based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied with.
Appears in 1 contract
Samples: Indenture (Info Usa)
Statements Required in Certificate or Opinion. Each Officers' Officer's Certificate or and Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person individual making such Officers' Officer's Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such personindividual, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such personindividual, such covenant or condition has been complied with; provided, however, that with respect to matters of fact not involving any legal conclusion, an Opinion of Counsel may rely on an Officer's Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (Pennsylvania Electric Co)
Statements Required in Certificate or Opinion. Each Officers' Certificate --------------------------------------------- certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.3) shall include:
(1a) a statement that each the person making signing such Officers' Certificate certificate or Opinion of Counsel rendering such opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such person, he such person has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 1 contract
