Common use of Trustee and Collateral Agent to Sign Amendments, etc Clause in Contracts

Trustee and Collateral Agent to Sign Amendments, etc. The Trustee and/or the Collateral Agent, as applicable, shall execute any amendment, supplement or waiver authorized pursuant to this Article IX; provided that the Trustee or the Collateral Agent, as the case may be, may, but shall not be obligated to, execute any such amendment, supplement or waiver which adversely affects the rights, duties or immunities of the Trustee or the Collateral Agent, as the case may be, under this Indenture or any Collateral Agreement. The Trustee or the Collateral Agent, as the case may be, shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel and an Officers’ Certificate each stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article IX is authorized or permitted by this Indenture. Such Opinion of Counsel shall not be an expense of the Trustee or the Collateral Agent, as the case may be, and shall be paid for by the Issuer. Notwithstanding the foregoing, no Opinions of Counsel will be required for the Trustee or the Collateral Agent to execute any amendment or supplement adding a new Subsidiary Guarantor under this Indenture.

Appears in 1 contract

Samples: Indenture (Horsehead Holding Corp)

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Trustee and Collateral Agent to Sign Amendments, etc. The Trustee and/or the Collateral Agent, as applicable, shall execute any amendment, supplement or waiver authorized pursuant to this Article IXNine; provided that the Trustee or the Collateral Agent, as the case may be, may, but shall not be obligated to, execute any such amendment, supplement or waiver which adversely affects the rights, duties or immunities of the Trustee or the Collateral Agent, as the case may be, under this Indenture or any Collateral Agreement. The Trustee or the Collateral Agent, as the case may be, shall be entitled to receiveprovided with, and shall be fully protected in relying upon, an Opinion of Counsel and an Officers’ Certificate each stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article IX Nine is authorized or permitted by this Indenture. Such Opinion of Counsel shall not be an expense of the Trustee or the Collateral Agent, as the case may be, and shall be paid for by the Issuer. Notwithstanding the foregoing, no Opinions of Counsel will be required for the Trustee or the Collateral Agent to execute any amendment or supplement adding a new Subsidiary Guarantor under this IndentureCompany.

Appears in 1 contract

Samples: Indenture (Gastar Exploration LTD)

Trustee and Collateral Agent to Sign Amendments, etc. The Trustee and/or the Collateral Agent, as applicable, shall execute any amendment, supplement or waiver authorized pursuant to this Article IXNine; provided provided, however, that the Trustee or and/or the Collateral Agent, as the case may beapplicable, may, but shall not be obligated to, execute any such amendment, supplement or waiver which adversely affects the rights, duties or immunities of the Trustee or and/or the Collateral Agent, as the case may be, under this Indenture or any Collateral Agreementapplicable. The Trustee or and/or the Collateral Agent, as the case may beapplicable, shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel and an Officers’ Certificate each stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article IX Nine is authorized or permitted by this IndentureIndenture and/or the applicable Security Document, as applicable, all conditions precedent thereto have been complied with and such amendment, supplement or waiver constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms. Such Officers’ Certificate or Opinion of Counsel Counsel, as applicable, shall not be an at the expense of the Trustee or the Collateral Agent, as the case may be, and shall be paid for by the Issuer. Notwithstanding the foregoing, no Opinions of Counsel will be required for the Trustee or the Collateral Agent to execute any amendment or supplement adding a new Subsidiary Guarantor under this Indenture.the

Appears in 1 contract

Samples: Indenture (Exide Technologies)

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Trustee and Collateral Agent to Sign Amendments, etc. The Trustee and/or the Collateral Agent, as applicable, shall execute any amendment, supplement or waiver authorized pursuant to this Article IXNine; provided that the Trustee or the Collateral Agent, as the case may be, may, but shall not be obligated to, execute any such amendment, supplement or waiver which adversely affects the rights, duties or immunities of the Trustee or the Collateral Agent, as the case may be, under this Indenture or any Collateral Agreement. The Trustee or the Collateral Agent, as the case may be, shall be entitled to receiveprovided with, and shall be fully protected in relying upon, an Opinion of Counsel and an Officers’ Certificate each stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article IX Nine is authorized or permitted by this IndentureIndenture and, if applicable, the Intercreditor Agreement. Such Opinion of Counsel shall not be an expense of the Trustee or the Collateral Agent, as the case may be, and shall be paid for by the Issuer. Notwithstanding the foregoing, no Opinions of Counsel will be required for the Trustee or the Collateral Agent to execute any amendment or supplement adding a new Subsidiary Guarantor under this IndentureCompany.

Appears in 1 contract

Samples: Indenture (Gastar Exploration USA, Inc.)

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