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

Trustee and Notes Collateral Agent to Sign Amendments, etc. (a) The Trustee or the Notes Collateral Agent, as the case may be, shall sign any amendment, supplement or waiver to this Indenture authorized pursuant to this ARTICLE 9 if the amendment, supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee or the Notes Collateral Agent, as the case may be. In executing any amendment, supplement or waiver to this Indenture, the Trustee and the Notes Collateral Agent shall receive and (subject to Section 7.01) shall be fully protected in relying upon, in addition to the documents required by Section 13.04, an Officer’s Certificate and an Opinion of Counsel stating that the execution of such amendment, supplement or waiver is authorized or permitted by this Indenture and that such amendment, supplement or waiver is the valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions, and complies with the provisions hereof.

Appears in 1 contract

Samples: Supplemental Indenture (DIEBOLD NIXDORF, Inc)

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Trustee and Notes Collateral Agent to Sign Amendments, etc. (a) The Trustee or the Notes Collateral Agent, as the case may be, shall sign any amendment, supplement or waiver to this Indenture authorized pursuant to this ARTICLE 9 if the amendment, supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee or the Notes Collateral Agent, as the case may be. In executing any amendment, supplement or waiver to this Indenture, the Trustee and the Notes Collateral Agent shall receive and (subject to Section 7.01) shall be fully protected in relying upon, in addition to the documents required by Section 13.04, an Officer’s Certificate and an Opinion of Counsel stating that the execution of such amendment, supplement or waiver is authorized or permitted by this Indenture and that such amendment, supplement or waiver is the valid and binding obligation of the Company Issuer and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions, and complies with the provisions hereof.

Appears in 1 contract

Samples: Supplemental Indenture (DIEBOLD NIXDORF, Inc)

Trustee and Notes Collateral Agent to Sign Amendments, etc. (a) The Trustee or the and Notes Collateral Agent, as the case may be, Agent shall sign any amendment, supplement or waiver to this Indenture authorized pursuant to this ARTICLE Article 9 if the amendment, Trustee and Notes Collateral Agent determines that the amendment or supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee or the and Notes Collateral Agent. The Issuer may not sign an amendment, as supplement or waiver until the case may beBoard of the Issuer approves it. In executing any amendment, supplement or waiver to this Indentureany Notes Document, the Trustee and the Notes Collateral Agent shall receive and (subject to Section 7.01) shall be fully protected in relying upon, in addition to the documents required by Section 13.0413.02, an Officer’s Certificate and an Opinion of Counsel stating that the execution of such amendment, supplement amended or waiver supplemental indenture is authorized or permitted by this Indenture and that such amendment, supplement or waiver is the legal, valid and binding obligation of the Company Issuer and any Guarantor Guarantors party thereto, enforceable against them in accordance with its terms, subject to customary exceptions, and complies with the provisions hereof.

Appears in 1 contract

Samples: Passu Intercreditor Agreement (Builders FirstSource, Inc.)

Trustee and Notes Collateral Agent to Sign Amendments, etc. (a) The Trustee or the Notes Collateral Agent, as the case may be, shall sign any amendment, supplement or waiver to this Indenture authorized pursuant to this ARTICLE Article 9 if the amendment, supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee or the Notes Collateral Agent, as the case may be. In executing any amendment, supplement or waiver to this Indenture, the Trustee and the Notes Collateral Agent shall receive and (subject to Section 7.01) shall be fully protected in relying upon, in addition to the documents required by Section 13.04, an Officer’s Certificate and an Opinion of Counsel stating that the execution of such amendment, supplement or waiver is authorized or permitted by this Indenture and that such amendment, supplement or waiver is the valid and binding obligation of the Company Issuer and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions, and complies with the provisions hereof.

Appears in 1 contract

Samples: Senior Secured Notes Indenture (DIEBOLD NIXDORF, Inc)

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Trustee and Notes Collateral Agent to Sign Amendments, etc. (a) The Trustee or the and Notes Collateral Agent, as the case may be, Agent shall sign any amendment, supplement or waiver to this Indenture authorized pursuant to this ARTICLE Article 9 if the amendment, Trustee and Notes Collateral Agent determines that the amendment or supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee or the and Notes Collateral Agent. The Issuer may not sign an amendment, as supplement or waiver until the case may beBoard of the Issuer approves it. In executing any amendment, supplement or waiver to this Indentureany Notes Document, the Trustee and the Notes Collateral Agent shall receive and (subject to Section 7.01) shall be fully protected in relying upon, in addition to the documents required by Section 13.0413.02, an Officer’s Officers’ Certificate and an Opinion of Counsel stating that the execution of such amendment, supplement amended or waiver supplemental indenture is authorized or permitted by this Indenture and that such amendment, supplement or waiver is the legal, valid and binding obligation of the Company Issuer and any Guarantor Guarantors party thereto, enforceable against them in accordance with its terms, subject to customary exceptions, and complies with the provisions hereof.

Appears in 1 contract

Samples: Passu Intercreditor Agreement (BMC Stock Holdings, Inc.)

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