Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), shall include: (1) a statement that the Person making such certificate or opinion has read such covenant or 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 certificate or opinion are based; (3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 9 contracts
Samples: Indenture (Light & Wonder, Inc.), Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer certificate required by Section 4.08(a), 4.04) shall include:
(1a) a statement that the each Person making signing such certificate or opinion has read such covenant or condition 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 certificate or opinion are is based;
(3c) a statement that, in the opinion of each such Personperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officials.
Appears in 7 contracts
Samples: Indenture (Avangrid, Inc.), Indenture (Avangrid, Inc.), Indenture (Avangrid, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by Section 4.08(aa certificate provided pursuant to TIA ss. 314(a)(4), ) shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, provided that with respect to matters of fact fact, an Opinion of Counsel may rely on upon an Officer’s Officers' Certificate or certificates a certificate of a public officialsofficial.
Appears in 6 contracts
Samples: Indenture (Majestic Star Casino LLC), Indenture (Atlantic Express Transportation Corp), Indenture (Majestic Investor Capital Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a)4.06, shall include, to the extent requested by the Trustee or the Collateral Trustee:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been satisfied or complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 5 contracts
Samples: Eighth Supplemental Indenture (Navios Maritime Holdings Inc.), Supplemental Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer certificate required by Section 4.08(a), 4.04) shall include:
(1a) a statement that the Person making each person signing such certificate or opinion has read such covenant or condition 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 certificate or opinion are is based;
(3c) a statement that, in the opinion of each such Personperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 5 contracts
Samples: Senior Indenture (Roivant Sciences Ltd.), Subordinated Indenture (Roivant Sciences Ltd.), Senior Indenture (IHS Markit Ltd.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer certificate required by Section 4.08(a), 4.04) shall include:
(1a) a statement that the Person making person signing such certificate or opinion has read such covenant or condition 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 certificate or opinion are is based;
(3c) a statement that, in the opinion of such Personperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 5 contracts
Samples: Subordinate Indenture (Fisker Inc./De), Subordinate Indenture (Ooma Inc), Senior Indenture (Ooma Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer certificate required by Section 4.08(a), Section 4.04) shall include:
(1a) a statement that the Person making each person signing such certificate or opinion has read such covenant or condition 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 certificate or opinion are is based;
(3c) a statement that, in the opinion of each such Personperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officials.
Appears in 5 contracts
Samples: Senior Indenture (Charles River Laboratories International Inc), Subordinated Indenture (Charles River Laboratories International Inc), Senior Indenture (Auris Medical Holding AG)
Statements Required in Certificate or Opinion. Each certificate Officers’ Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), Indenture shall include:
(1a) a statement that the Person each person making such certificate Officers’ Certificate or opinion Opinion of Counsel has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate Officers’ Certificate or opinion 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 him such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or notthat, in the opinion of each such Personperson, such covenant or condition or covenant has been complied with; provided, however, that with respect to matters of fact an . In giving such Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officer’s Certificate or on certificates of public officials.
Appears in 5 contracts
Samples: Indenture (Immunomedics Inc), Indenture (Sirius Xm Radio Inc.), Indenture (CTS Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion Officers' Certificate and Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), Indenture shall include:
(1) a statement that the each Person making such certificate Officers' Certificate or opinion Opinion of Counsel has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate Officers' Certificate or opinion 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 him such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or notthat, in the opinion of each such Person, such covenant or condition or covenant has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 4 contracts
Samples: Indenture (Nortek Inc), Indenture (Nortek Inc), Indenture (Nortek Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than Indenture must include (subject to customary language and exceptions in the Officer’s Certificate case of the Issuer required by Section 4.08(a), shall include:an Opinion of Counsel):
(1a) a statement that each person signing the Person making such certificate or opinion has read such the covenant or condition and the definitions relating theretorelated definitions;
(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 the certificate or opinion are is based;
(3c) a statement that, in the opinion of each such Personperson, he that person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 4 contracts
Samples: Indenture (Century Aluminum Co), Indenture (Century Aluminum Co), Indenture (Century California, LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer certificate required by Section 4.08(a), 4.03) shall include:
(1a) a statement that the Person making each person signing such certificate or opinion has read such covenant or condition 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 certificate or opinion are is based;
(3c) a statement that, in the opinion of each such Personperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officials.
Appears in 4 contracts
Samples: Senior Notes Indenture (Trinity Industries Inc), Senior Notes Indenture (Trinity Parts & Components, LLC), Senior Indenture (Ak Steel Holding Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by a certificate provided pursuant to Section 4.08(a4.4 and TIA Section 314(a)(4), ) shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates certificate of public officials.
Appears in 4 contracts
Samples: Indenture (Meristar Hospitality Corp), Indenture (Meristar Hospitality Corp), Indenture (Meristar Hospitality Corp)
Statements Required in Certificate or Opinion. Each certificate (other than certificates provided pursuant to Section 4.4 hereof) or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), Indenture shall include:
(1i) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(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 him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates certificate of public officials.
Appears in 4 contracts
Samples: Senior Indenture (Fuelcell Energy Inc), Senior Indenture (Fuelcell Energy Inc), Senior Indenture (Fuelcell Energy Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, any Collateral Agreement or any other Indenture Document, other than the Officer’s Officers’ Certificate of the Issuer required by Section 4.08(a4.06(1), shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 4 contracts
Samples: Indenture (Kratos Defense & Security Solutions, Inc.), Indenture (Kratos Defense & Security Solutions, Inc.), Indenture (Edgen Murray PLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers' Certificate of the Issuer required by Section 4.08(a)4.06, shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or 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 certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is reasonably necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 4 contracts
Samples: Supplemental Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co)
Statements Required in Certificate or Opinion. Each Every certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), Indenture shall include:
(1) a statement that the Person making each individual signing such certificate or individual or firm signing such opinion has read and understands such covenant or condition 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 certificate or opinion are based;
(3) a statement that, in the opinion of each such Personindividual or such firm, he or it has made such examination or investigation as is necessary to enable him or it to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or notwhether, in the opinion of each such Personindividual or such firm, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 4 contracts
Samples: Indenture (Marconi Corp PLC), Indenture (Marconi Corp PLC), Indenture (Marconi Corp PLC)
Statements Required in Certificate or Opinion. Each certificate Officers' Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), Indenture shall include:
(1a) a statement that the Person each person making such certificate Officers' Certificate or opinion Opinion of Counsel has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate Officers' Certificate or opinion 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 him such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or notthat, in the opinion of each such Personperson, such covenant or condition or covenant has been complied with; provided, however, that with respect to matters of fact an . In giving such Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officer’s Officers' Certificate or on certificates of public officials.
Appears in 4 contracts
Samples: Indenture (Cray Inc), Indenture (Willbros Group Inc), Indenture (Willbros Group Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate a certificate provided pursuant to Section 4.04 or Section 314(a)(4) of the Issuer required by Section 4.08(a), Trust Indenture Act) shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 3 contracts
Samples: Indenture (NEWMONT Corp /DE/), Indenture (NEWMONT Corp /DE/), Indenture (Newmont Goldcorp Corp /De/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers’ Certificate of the Issuer required by Section 4.08(a)4.06, shall include, to the extent required by the Trust Indenture Act or requested by the Trustee:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been satisfied or complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officials.
Appears in 3 contracts
Samples: Indenture (Petrolera San Antonio S.A.), Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers' Certificate of the Issuer required by Section 4.08(a)4.8, shall include:
(1i) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3iii) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 3 contracts
Samples: Indenture (RPP Capital Corp), Indenture (Verasun Energy Corp), Indenture (RPP Capital Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer certificate required by Section 4.08(a), 4.04) shall include:
(1a) a statement that the each Person making signing such certificate or opinion has read such covenant or condition 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 certificate or opinion are is based;
(3c) a statement that, in the opinion of each such Personperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, howeverhowever , that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officials.
Appears in 3 contracts
Samples: Subordinated Indenture (Uil Holdings Corp), Subordinated Indenture (Uil Holdings Corp), Senior Indenture (Uil Holdings Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers' Certificate of the Issuer required by Section 4.08(a)4.06, shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or 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 certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates a certificate of an appropriate public officialsofficial.
Appears in 3 contracts
Samples: Indenture (Amida Industries Inc), Indenture (Terex Corp), Indenture (Terex Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by Section 4.08(aa certificate provided pursuant to TIA § 314(a)(4), ) shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied withsatisfied; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates certificate of public officials.
Appears in 3 contracts
Samples: Indenture (TWC Holding Corp.), Indenture (Oasis Interval Ownership, LLC), Indenture (Oasis Interval Ownership, LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this IndentureIndenture or the Security Documents, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or 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 certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 3 contracts
Samples: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer certificate required by Section 4.08(a), 4.03) shall include:
(1a) a statement that the Person making each person signing such certificate or opinion has read such covenant or condition 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 certificate or opinion are is based;
(3c) a statement that, in the opinion of each such Personperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 3 contracts
Samples: Indenture (Grede LLC), Indenture (Grede LLC), Indenture (Sothebys)
Statements Required in Certificate or Opinion. Each certificate or opinion Officers' Certificate and Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), Indenture shall include:
(1) a statement that the each Person making such certificate Officers' Certificate or opinion Opinion of Counsel has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate Officers' Certificate or opinion 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 him such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or notthat, in the opinion of each such Person, such covenant or condition or covenant has been complied with; providedPROVIDED, howeverHOWEVER, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 3 contracts
Samples: Indenture (Hutchinson Technology Inc), Indenture (Mark Iv Industries Inc), Indenture (Mark Iv Industries Inc)
Statements Required in Certificate or Opinion. Each certificate Officers' Certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), shall Indenture must include:
(1a) a statement that each Person signing the Person making such certificate Officers' Certificate or opinion Opinion of Counsel has read such the covenant or condition and the definitions relating theretorelated definitions;
(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 certificate the Officers' Certificate or opinion are Opinion of Counsel is based;
(3c) a statement that, in the opinion of each such Person, he that Person has made such examination or investigation as is necessary to enable him the Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 2 contracts
Samples: Indenture (Giant Industries Inc), Indenture (Giant Industries Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, the Intercreditor Agreement or any Collateral Agreement, other than the Officer’s Officers’ Certificate of the Issuer required by Section 4.08(a)4.06, shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 2 contracts
Samples: Indenture (McLeodUSA Holdings Inc), Indenture (McLeodusa Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Officers’ Certificate of the Issuer required by provided pursuant to Section 4.08(a), 4.4) shall includeinclude substantially:
(1a) a statement that the Person making such certificate or opinion has read and understands such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied withsatisfied; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 2 contracts
Samples: Indenture (American Finance Trust, Inc), Indenture (Global Net Lease, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, any Collateral Agreement or any other Indenture Document other than the Officer’s Officers’ Certificate of the Issuer required by Section 4.08(a)4.06, shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to such matters of fact an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officialsofficials and provided, further, that an Opinion of Counsel may have qualifications for opinions of the type required.
Appears in 2 contracts
Samples: Indenture (Claymont Steel Holdings, Inc.), Indenture (CitiSteel PA, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by Section 4.08(aa certificate provided pursuant to TIA ss. 314(a)(4), ) shall include:
(1) a statement that the Person making such certificate or opinion has read and understands such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, provided that with respect to matters of fact an Opinion Opinions of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 2 contracts
Samples: Indenture (Vegeterian Times Inc), Indenture (Vegeterian Times Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by a certificate provided pursuant to TIA Section 4.08(a314(a)(4), ) shall include:
(1) a statement that the Person person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Personperson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officialsOfficers' Certificate.
Appears in 2 contracts
Samples: Indenture (Del Webb Corp), Indenture (Del Webb Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by a certificate provided pursuant to Section 4.08(a4.09 or Trust Indenture Act Section 314(a)(4), ) shall include:
(1a) a statement that the Person individual making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officers’ Certificate or certificates of public officers as to matters of fact); and
(4d) a statement as to whether or not, in the opinion of each such Personindividual, such covenant or condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 2 contracts
Samples: Indenture (Western Digital Corp), Indenture (Western Digital Corp)
Statements Required in Certificate or Opinion. Each certificate (other than certificates provided pursuant to Section 4.04 hereof) or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), Indenture shall include:
(1i) a statement that the Person making each individual signing such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(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 him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates certificate of public officials.
Appears in 2 contracts
Samples: Indenture (Lear Corp /De/), Indenture (Lear Corp /De/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers’ Certificate of the Issuer required by Section 4.08(a), shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or 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 certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officials.
Appears in 2 contracts
Samples: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by a certificate provided pursuant to Section 4.08(a4.09 or Trust Indenture Act Section 314(a)(4), ) shall include:
(1a) a statement that the Person individual making such certificate or opinion has read such covenant or condition and the definitions relating thereto;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 certificate or opinion are based;based;
(3c) a statement that, in the opinion of such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; with (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officers’ Certificate or certificates of public officers as to matters of fact); and
(4d) a statement as to whether or not, in the opinion of each such Personindividual, such covenant or condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 2 contracts
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by a certificate provided pursuant to TIA Section 4.08(a314(a)(4), ) shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, PROVIDED that with respect to matters of fact fact, an Opinion of Counsel may rely on upon an Officer’s Officers' Certificate or certificates a certificate of a public officialsofficial.
Appears in 2 contracts
Samples: Indenture (Archibald Candy Corp), Indenture (Archibald Candy Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers’ Certificate of the Issuer required by Section 4.08(a)4.06 or delivered pursuant to Section 2.02, shall includeinclude substantially:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is reasonably necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 2 contracts
Samples: Indenture (Natura &Co Holding S.A.), Indenture (Natura &Co Holding S.A.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by a certificate provided pursuant to Section 4.08(a4.04 and TIA Section 314(a)(4), ) shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates certificate of public officials.
Appears in 2 contracts
Samples: Indenture (Prime Hospitality Corp), Indenture (Prime Hospitality Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by a certificate provided pursuant to TIA Section 4.08(a314(a)(4), ) shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, howeverprovided that, that (i) with respect to matters of fact fact, an Opinion of Counsel may rely on upon an Officer’s Officers' Certificate or certificates a certificate of a public officialsofficial, and (ii) with respect to Restricted Payments, the Company shall provide the statements required by Section 4.7.
Appears in 2 contracts
Samples: Indenture (Majestic Star Casino LLC), Indenture (Majestic Star Casino LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers' Certificate of the Issuer required by Section 4.08(a)4.8, shall include:
(1i) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3iii) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; providedPROVIDED, howeverHOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 2 contracts
Samples: Indenture (Salt Holdings Corp), Indenture (Salt Holdings Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by a certificate provided pursuant to TIA Section 4.08(a314(a)(4), ) shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to regardless of whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or notregardless of whether, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, PROVIDED that with respect to matters of fact fact, an Opinion of Counsel may rely on upon an Officer’s Officers' Certificate or certificates a certificate of a public officialsofficial.
Appears in 2 contracts
Samples: Indenture (Dimac Holdings Inc), Securities Purchase Agreement (DMW Worldwide Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a)4.06, shall include, to the extent requested by the Trustee or the Security Agent:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been satisfied or complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 2 contracts
Samples: Indenture (Global Ship Lease, Inc.), Indenture (Global Ship Lease, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion --------------------------------------------- Officers' Certificate and Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), Indenture shall include:
(1) a statement that the each Person making such certificate Officers' Certificate or opinion Opinion of Counsel has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate Officers' Certificate or opinion 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 him such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or notthat, in the opinion of each such Person, such covenant or condition or covenant has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 2 contracts
Samples: Indenture (Mark Iv Industries Inc), Indenture (Mark Iv Industries Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers' Certificate of the Issuer required by Section 4.08(a)4.06, shall include:
(1) a statement that the each Person making signing such certificate or opinion has read such covenant or condition 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 certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 2 contracts
Samples: Indenture (New World Coffee Manhattan Bagel Inc), Indenture (Discovery Zone Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating thereto;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 certificate or opinion are based;based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 2 contracts
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this IndentureNote Agreement, other than the Officer’s Officers' Certificate of the Issuer required by Section 4.08(a), shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or 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 certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 1 contract
Samples: Note Agreement (Designs Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers' Certificate of the Issuer required by Section 4.08(a)4.06, shall include:
(1i) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating thereto;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3iii) a statement that, in the opinion of such Person, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely -------- on an Officer’s Officers' Certificate or certificates a certificate of an appropriate public officialsofficial.
Appears in 1 contract
Samples: Indenture (Nm Licensing LLC)
Statements Required in Certificate or Opinion. (a) Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, any Collateral Agreement or any other Indenture Documents, other than the Officer’s Officers’ Certificate of the Issuer required by Section 4.08(a)4.06(a) hereof, shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an . In giving such Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officer’s Officers’ Certificate or on certificates of public officials.
Appears in 1 contract
Samples: Indenture (Horsehead Holding Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than a certificate provided pursuant to Section 4.04 hereof or Trust Indenture Act Section 314(a)(4)) shall comply with the Officer’s Certificate provisions of the Issuer required by Trust Indenture Act Section 4.08(a), 314(e) and shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based-based;
(3c) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Eighth Supplemental Indenture (other than a certificate provided pursuant to Section 4.03 hereof or Trust Indenture Act Section 314(a)(4)) shall comply with the Officer’s Certificate provisions of the Issuer required by Trust Indenture Act Section 4.08(a), 314(e) and shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers' Certificate of the Issuer required by Section 4.08(a)4.06, shall include:
(1) a statement that the each Person making signing such certificate or opinion has read such covenant or condition 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 certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; providedPROVIDED, howeverHOWEVER, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (Discovery Zone Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Certificate Indenture must include (subject to customary language and exceptions in the case of the Issuer required by Section 4.08(a), shall include:an Opinion of Counsel):
(1a) a statement that each person signing the Person making such certificate or opinion has read such the covenant or condition and the definitions relating theretorelated definitions;
(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 the certificate or opinion are is based;
(3c) a statement that, in the opinion of each such Personperson, he that person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 1 contract
Samples: Indenture (Century Aluminum Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Fortieth Supplemental Indenture (other than a certificate provided pursuant to Section 4.03 hereof or Trust Indenture Act Section 314(a)(4)) shall comply with the Officer’s Certificate provisions of the Issuer required by Trust Indenture Act Section 4.08(a), 314(e) and shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture, Indenture (other than the Officer’s an Officers’ Certificate of the Issuer required by delivered pursuant to and in accordance with Section 4.08(a), 3.26) shall include:
(1a) a statement that the Person individual making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Personindividual, such covenant or condition or covenant has been complied with; provided, however, that with respect to matters of fact an . In giving such Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officer’s Officers’ Certificate or on certificates of public officials.
Appears in 1 contract
Samples: Indenture (Callon Petroleum Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers' Certificate of the Issuer required by Section 4.08(a)4.8, shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (Quality Distribution Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance by or on behalf of the Company with a condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), Indenture shall include:
(1i) a statement that the Person making each person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(3iii) a statement that, in the opinion of each such Personperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (Tyson Foods Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers’ Certificate of the Issuer Company required by Section 4.08(a), shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or 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 certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (Scientific Games Corp)
Statements Required in Certificate or Opinion. Each certificate Officer's Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), Indenture shall include:
(1a) a statement that the Person each person making such certificate Officer's Certificate or opinion Opinion of Counsel has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate Officer's Certificate or opinion Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such Personperson, he has made such examination or investigation as is necessary to enable him such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or notthat, in the opinion of each such Personperson, such covenant or condition or covenant has been complied with; provided, however, that with respect to matters of fact an . In giving such Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officer’s 's Certificate or on certificates of public officials.
Appears in 1 contract
Samples: Indenture (Komag Inc /De/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer certificate required by Section 4.08(a), 4.05) shall include:
(1a) a statement that the Person making each person signing such certificate or opinion has read such covenant or condition 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 certificate or opinion are is based;
(3c) a statement that, in the opinion of each such Personperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Samples: Subordinated Notes Indenture (Verisk Analytics, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion opinion, including each Officers’ Certificate or Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), Indenture shall include:
(1a) a statement that the Person individual making such certificate or opinion has read such covenant or condition 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 certificate or opinion are based;
(3c) a statement that, in the opinion of such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Personindividual, such covenant or condition or covenant has been complied with; provided, however, that with respect to matters of fact . In giving an Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officer’s Officers’ Certificate or on certificates of public officials.
Appears in 1 contract
Samples: Indenture (Southwestern Energy Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by a certificate provided pursuant to Section 4.08(a4.06 or Trust Indenture Act Section 314(a)(4), ) shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by a certificate provided pursuant to TIA Section 4.08(a314(a)(4), ) shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, howeverprovided that, that (i) with respect to matters of fact fact, an Opinion of Counsel may rely on upon an Officer’s Officers’ Certificate or certificates a certificate of a public officialsofficial, and (ii) with respect to Restricted Payments, the Issuer shall provide the statements required by Section 4.7.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by pursuant to Section 4.08(a), 4.19) shall include:
(1i) a statement that the Person making each person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(3iii) a statement that, in the opinion of each such Personperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers' Certificate of the Issuer required by Section 4.08(a)4.06, shall include:
(1i) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating thereto;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;; 115
(3iii) a statement that, in the opinion of such Person, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates a certificate of an appropriate public officialsofficial.
Appears in 1 contract
Samples: Indenture (Applied Power Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by Section 4.08(a), certificate provided pursuant to TIA [sec][sec]314(a)(4) shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate officer's certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers' Certificate of the Issuer required by Section 4.08(a)4.06, shall include, to the extent required by the Trust Indenture Act or requested by the Trustee:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been satisfied or complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Thirteenth Supplemental Indenture (other than a certificate provided pursuant to Section 4.03 hereof or Trust Indenture Act Section 314(a)(4)) shall comply with the Officer’s Certificate provisions of the Issuer required by Trust Indenture Act Section 4.08(a), 314(e) and shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by a certificate provided pursuant to Section 4.08(a4.07 or Trust Indenture Act Section 314(a)(4), ) shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officers’ Certificate as to matters of fact); and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate Officers' Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), Indenture shall include:
(1a) a statement that the Person each person making such certificate Officers' Certificate or opinion Opinion of Counsel has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate Officers' Certificate or opinion Opinion of Counsel 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 him such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or notthat, in the opinion of each such Personperson, such covenant or condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (Ocwen Financial Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant covenant, as the case may be, provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by Section 4.08(aa certificate provided pursuant to TIA ss. 314(a)(4), ) shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates certificate of public officials.
Appears in 1 contract
Samples: Indenture (Ultimate Electronics Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than Indenture must include (subject to customary language and exceptions in the Officer’s Certificate case of the Issuer required by Section 4.08(a), shall include:an Opinion of Counsel):
(1a) a statement that each person signing the Person making such certificate or opinion has read such the covenant or condition and the definitions relating theretorelated definitions;
(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 the certificate or opinion are is based;
(3c) a statement that, in the opinion of each such Personperson, he that person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 1 contract
Samples: Indenture (Century Aluminum Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than a certificate provided pursuant to TIA § 314(a)(4) or the Officer’s Officers’ Certificate of the Issuer required by Section 4.08(a), shall 4.04) and must include:
(1) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; satisfied. provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates certificate of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by pursuant to Section 4.08(a), 4.19 hereof) shall include:
: (1a) a statement that the Person individual making such certificate or opinion has read such covenant or condition and the definitions relating thereto;
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 certificate or opinion are based;
; (3c) a statement that, in the opinion of such Personindividual, he such person has made such examination or investigation as is necessary to enable him such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
and (4d) a statement as to whether or not, in the opinion of each such Personindividual, such covenant or condition or covenant has been complied with; providedPROVIDED that, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer certificate required by Section 4.08(a), 4.04) shall include:
(1a) a statement that the Person making each person signing such certificate or opinion has read such covenant or condition 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 certificate or opinion are is 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 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 as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture will include (other than the Officer’s Certificate of the Issuer required by Section 4.08(acertificate set forth in Section 4.1(b), shall include:):
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions in the Indenture 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 certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and;
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; providedand
(e) a statement that, howeverin the opinion of such Person, that with respect to matters of fact an such Officers’ Certificate or Opinion of Counsel complies with the provisions of this Section 11.12 and that the Trustee may rely on an Officer’s Certificate such certificate or certificates of public officialsopinion.
Appears in 1 contract
Samples: Indenture (Gran Tierra Energy Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this IndentureIndenture or any Collateral Document, other than the Officer’s Officers’ Certificate of the Issuer required by Section 4.08(a)4.06, shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers’ Certificate of the Issuer required by Section 4.08(a)4.06, shall include:
(1a) a statement that the each Person making signing such certificate or opinion has read such covenant or condition 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 certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he has made such an examination or investigation as is reasonably necessary to enable him such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers' Certificate of the Issuer required by Section 4.08(a)4.06, shall include:: 102 -95-
(1) a statement that the Person making such certificate or opinion has read such covenant or 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 certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (McMS Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by pursuant to Section 4.08(a)4A.09 or Section 4B.09, as applicable) shall include:
(1a) a statement that the Person individual making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Personindividual, such covenant or condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (Verso Paper Corp.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s an Officers’ Certificate of the Issuer or other certificate required by Section 4.08(a)4.17, shall must include, to the extent required by the Trust Indenture Act or requested by the Trustee:
(1) a statement that each person signing the Person making such certificate or opinion has read such the covenant or condition and the definitions relating theretocondition;
(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 the certificate or opinion are is based;
(3) a statement that, in the opinion of each such Personperson, he that person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(4) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been satisfied or complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 1 contract
Samples: Indenture (SunCoke Energy, Inc.)
Statements Required in Certificate or Opinion. Each certificate Officer’s Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by pursuant to Section 4.08(a4.02(c), ) shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Person, such covenant or condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by pursuant to Section 4.08(a4A.09 or Section 4B.09, as applicable), shall include:
(1a) a statement that the Person individual making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Personindividual, such covenant or condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (Verso Paper Holdings LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by Section 4.08(aa certificate provided pursuant to TIA ss. 314(a)(4), ) shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to regardless of whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or notregardless of whether, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, PROVIDED that with respect to matters of fact fact, an Opinion of Counsel may rely on upon an Officer’s Officers' Certificate or certificates a certificate of a public officialsofficial.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer certificate required by Section 4.08(a), 4.3) shall include:
(1a) a statement that the Person making each person signing such certificate or opinion has read such covenant or condition 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 certificate or opinion are is based;
(3c) a statement that, in the opinion of each such Personperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers' Certificate of the Issuer required by Section 4.08(a)4.6, shall include:
(1) a statement that the each Person making signing such certificate or opinion has read such covenant or condition 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 certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, howeverHOWEVER, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (CSS Trade Names Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers’ Certificate of the Issuer required by Section 4.08(a)4.06, shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or 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 certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is reasonably necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (Del Monte Foods Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers’ Certificate of the Issuer required by Section 4.08(a)4.08, shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions 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 certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (Leslies Poolmart Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers’ Certificate of the Issuer required by Section 4.08(a), shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or 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 certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he it has made such examination or investigation as is necessary to enable him such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (Revlon Inc /De/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers' Certificate of the Issuer required by Section 4.08(a)4.08, shall include:
(1) a statement that the Person person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Personperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; providedPROVIDED, howeverHOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by Section 4.08(a), certificate provided pursuant to TIA §314(a)(4) shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officerofficer’s Certificate certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (TTM Technologies Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by Section 4.08(aa certificate provided pursuant to TIA ss. 314(a)(4), ) shall include:
(1) a statement that the Person making such certificate or opinion has read and understands such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, PROVIDED that with respect to matters of fact an Opinion Opinions of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (Vegeterian Times Inc)
Statements Required in Certificate or Opinion. Each certificate Officers’ Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by pursuant to Section 4.08(a4.02(b), ) shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Person, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Person, such covenant or condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (Vivus Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers' Certificate of the Issuer required by Section 4.08(a)4.06, shall include:
(1) a statement that the Person making such certificate or opinion has read such covenant or 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 -108- or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Person, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (Dade International Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by pursuant to Section 4.08(a), 4.19) shall include:
(1i) a statement that the Person making each person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(3iii) a statement that, in the opinion of each such Personperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate Officers' Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), Indenture shall include:
(1a) a statement that the Person each person making such certificate Officers' Certificate or opinion Opinion of Counsel has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate Officers' Certificate or opinion 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 him such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or notthat, in the opinion of each such Personperson, such covenant or condition or covenant has been complied with; provided, however, that with respect to matters of fact an . In giving such Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officer’s 's Certificate or on certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate Officers' Certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Certificate of the Issuer required by Section 4.08(a), Indenture shall include:
: (1) a statement that the Person person making such certificate Officers' Certificate or opinion Opinion of Counsel has read such covenant or condition and the definitions relating thereto;
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 certificate or opinion Officers' Certificate of Opinion of Counsel are based;
; (3) a statement that, in the opinion of such Personperson, he such person has made such examination or investigation as is necessary to enable him such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
and (4) a statement as to whether or not, not in the opinion of each such Personperson, such condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Certificate or certificates of public officialsOfficers' Certificate.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, Indenture (other than the Officer’s Certificate of the Issuer required by Section 4.08(aa certificate provided pursuant to TIA (S) 314(a)(4), ) shall include:
(1a) a statement that the Person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;; 104
(3c) a statement that, in the opinion of such Person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Person, such condition or covenant has been complied with; provided, however, provided that with respect to matters of fact fact, an Opinion of Counsel may rely on -------- upon an Officer’s Officers' Certificate or certificates a certificate of a public officialsofficial.
Appears in 1 contract
Samples: Indenture (Majestic Star Casino LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture, any Security Document and the Intercreditor Agreement (other than the Officer’s Certificate of the Issuer required by pursuant to Section 4.08(a), 4.09) shall include:
(1a) a statement that the Person individual making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3c) a statement that, in the opinion of such Personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement as to whether or not, in the opinion of each such Personindividual, such covenant or condition or covenant has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (GeoEye License Corp.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, other than the Officer’s Officers' Certificate of the Issuer required by Section 4.08(a)4.08, shall include:: 123
(1) a statement that the Person person making such certificate or opinion has read such covenant or condition and the definitions relating theretocondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(3) a statement that, in the opinion of such Personperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such Personperson, such condition or covenant has been complied with; providedPROVIDED, howeverHOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officer’s Officers' Certificate or certificates of public officials.
Appears in 1 contract
Samples: Indenture (Simonds Industries Inc)
