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

Trustee and Collateral Agent to Sign Amendments, etc. The Trustee or the Collateral Agent, as applicable, shall sign any amendment or supplement authorized pursuant to this Article 8 if the amendment or supplement does not adversely affect the rights, duties, liabilities, immunities or indemnities of the Trustee or the Collateral Agent, as applicable. If it does, the Trustee or Collateral Agent, as applicable, may, but need not, sign it. In signing or refusing to sign such amendment or supplement, the Trustee or Collateral Agent shall receive, and shall be fully protected in conclusively relying upon, an Officer’s Certificate and an Opinion of Counsel provided at the expense of the Company providing that such amendment or supplement is authorized or permitted by this Indenture and any applicable Indenture Documents and, with respect to such Opinion of Counsel, such amendment or supplement is a legal, valid and binding obligation of the Company enforceable against the Company in accordance with its terms.

Appears in 5 contracts

Samples: Indenture (ProSomnus, Inc.), Intercreditor Agreement (ProSomnus, Inc.), Intercreditor Agreement (ProSomnus, Inc.)

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