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 the Collateral Agent, in each case, shall sign any amended or supplemental indenture authorized pursuant to this Article IX if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee or the Collateral Agent, as applicable. The Company may not sign an amended or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee and the Collateral Agent shall be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in relying upon, in addition to the documents required by Section 13.05 hereof, an Officers’' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such supplemental indenture (and any Notes issued in connection therewith) is the legal, valid and binding obligation of the Company and the Guarantors, as applicable, enforceable against the Company and the Guarantors, as applicable, in accordance with its terms.

Appears in 3 contracts

Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), cdn.investorcloud.net

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Trustee and Collateral Agent to Sign Amendments, etc. The Trustee and the Collateral Agent, in each case, shall sign any amended or supplemental indenture authorized pursuant to this Article IX if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee or the Collateral Agent, as applicable. The Company may not sign an amended or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee and the Collateral Agent shall be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in relying upon, in addition to the documents required by Section 13.05 hereof, an Officers’' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such supplemental indenture (and any Notes issued in connection therewith) is the legal, valid and binding obligation of the Company and the Guarantors, as applicable, enforceable against the Company and the Guarantors, as applicable, in accordance with its terms.

Appears in 1 contract

Samples: Indenture (Maxcom Telecommunications Inc)

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Trustee and Collateral Agent to Sign Amendments, etc. The Trustee and the Collateral Agent, in each case, Agent shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article IX if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee or and the Collateral Agent, as applicable. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board of Directors of the Company Issuer approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee and the Collateral Agent shall be entitled to receive receive, upon request, and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.05 hereof, an Officers’' Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such supplemental indenture (and any Notes issued in connection therewith) amendment, supplement or waiver is the legal, valid and binding obligation of the Company Issuer and the Guarantors, as applicableany Guarantors party thereto, enforceable against the Company and the Guarantors, as applicable, them in accordance with its terms, subject to customary exceptions, and complies with the provisions hereof (including Section 9.03).

Appears in 1 contract

Samples: Intercreditor Agreement (Claires Stores Inc)

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