Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. 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 will 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 13.02 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 amended or supplemental indenture is the legal, 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 provisions hereof.
Appears in 9 contracts
Samples: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine Corp)
Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended or supplemental indenture until the Board board of Directors directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will be entitled to shall receive and (subject to Section 7.01 hereof) will be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 13.03 hereof, an Officers’ Officer’s Certificate and an Opinion of Counsel (which Opinion of Counsel may be subject to customary assumptions and exclusions) stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, the Guarantors enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereof.
Appears in 8 contracts
Samples: Indenture (Sabre Corp), Indenture (Sabre Corp), Indenture (Sabre Corp)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company (and, if applicable, any guarantor hereunder and thereunder) enforceable against it (and any Guarantor party thereto, enforceable against them applicable guarantor) in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof.
Appears in 7 contracts
Samples: Indenture (Videotron Ltee), Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 IX if the amendment amendment, supplement or supplement waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company If it does, the Trustee may but need not sign an amended or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will be entitled to receive and (subject to Section 7.01 hereof7.01) will may request and shall be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 hereof12.03, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended amendment, supplement or supplemental indenture waiver is authorized or permitted by this Indenture and an Opinion of Counsel stating that such amended amendment, supplement or supplemental indenture 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 provisions hereofexceptions. No Opinion of Counsel shall be required by the immediately preceding sentence for the Trustee to execute any amendment or supplement adding a new Guarantor under this Indenture.
Appears in 7 contracts
Samples: Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.)
Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuers may not sign an amended or supplemental indenture until the Board Boards of Directors of the Company approves Issuers approve it. In executing any amended or supplemental indenture, the Trustee will be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 12.04 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 amended or supplemental indenture is constitutes the legal, valid and binding obligation of the Company Issuers and any Guarantor Guarantors party thereto, enforceable against them such parties in accordance with its terms, subject to customary exceptions and complies with provisions hereofexceptions.
Appears in 6 contracts
Samples: Indenture (Endo International PLC), Indenture (Endo International PLC), Indenture (Endo International PLC)
Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. 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 will be entitled to receive and security and/or indemnity to its reasonable satisfaction. The Trustee (subject to Section 7.01 hereof) will be fully protected in relying upon, in addition to the documents required by Section 13.02 13.04 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 Indenture, that such amended or the supplemental indenture is the legal, valid valid, binding and binding obligation of enforceable against the Company and any Guarantor party thereto, enforceable against them in accordance with its termsterms and such other matters as the Trustee may request. The Trustee may, subject to customary exceptions and complies with provisions hereofbut shall not be obligated to, enter into any such supplemental indenture which affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 6 contracts
Samples: Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Indenture (Melco Resorts & Entertainment LTD)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment or supplemental indenture authorized pursuant to this Article 9 Nine if the amendment or supplement supplemental indenture does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company If, in the judgment of the Trustee, it does, the Trustee may but need not sign an amended or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, signing such amendment the Trustee will be entitled shall receive indemnity satisfactory to receive it and receive, and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, upon in addition to the documents required by Section 13.02 hereof13.04, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended amendment or supplemental indenture is authorized or permitted by this Indenture and that such amended amendment or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, the Subsidiary Guarantors enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereof.
Appears in 5 contracts
Samples: Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).
Appears in 5 contracts
Samples: Indenture (Armstrong World Industries Inc), Indenture (S&c Resale Co), Indenture (Armstrong World Industries Inc)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive provided with and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).
Appears in 4 contracts
Samples: Indenture (Centene Corp), Indenture (Centene Corp), Indenture (Centene Corp)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuers and the Guarantors may not sign an amended amendment or supplemental indenture until the Board their respective Boards of Directors of the Company approves approve it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 14.02 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 an Opinion of Counsel stating that such amended or the supplemental indenture is the legal, a valid and binding obligation of the Company and any Guarantor party theretoIssuers, enforceable against each of them in accordance with its terms, subject to customary exceptions and complies with provisions hereof.
Appears in 4 contracts
Samples: Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will be entitled to shall receive and (subject to Section 7.01 hereof) will shall be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation of the Company (and, if applicable, any guarantor hereunder and thereunder) enforceable against it (and any Guarantor party thereto, enforceable against them applicable guarantor) in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof.
Appears in 4 contracts
Samples: Indenture (Videotron Ltee), Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof (including Section 9.03 hereof).
Appears in 4 contracts
Samples: Indenture (Quebecor Media Inc), Indenture (Videotron Ltee), Indenture (La Quinta Properties Inc)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 IX if the amendment amendment, supplement or supplement waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment, supplement or supplemental indenture waiver until the Board of Directors of the Company approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will be entitled to receive shall receive, and (subject to Section 7.01 hereof) will shall be fully protected in relying conclusively upon, in addition to the documents required by Section 13.02 12.04 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 amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company and any Guarantor Guarantors party thereto, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereof.
Appears in 4 contracts
Samples: Indenture (Crescent Energy Co), Indenture (Crescent Energy Co), Indenture (Crescent Energy Co)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof (including Section 9.03 hereof).
Appears in 4 contracts
Samples: Indenture (Quebecor Media Inc), Indenture (Videotron Ltee), Indenture (Sun Media Corp)
Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture Indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended or supplemental indenture Indenture until the Board of Directors of the Company Issuer approves it. In executing any amended or supplemental indentureIndenture, the Trustee will be entitled to receive and (subject to Section 7.01 hereof7.01) will be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof13.03, an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture Indenture is authorized or permitted by or not in breach of this Indenture and that such amended or supplemental indenture amendment is the legal, valid and binding obligation of the Company Issuer (and any Guarantor party thereto, Guarantor) enforceable against them it in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofof this Indenture.
Appears in 4 contracts
Samples: Indenture (Liberty Global PLC), Indenture (Liberty Global PLC), Indenture (Liberty Global PLC)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company If it does, the Trustee may but need not sign an amended or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 12.03 hereof, an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended amendment, supplement or supplemental indenture waiver is authorized or permitted by this Indenture Indenture, that all conditions precedent thereto have been met or waived, and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuers and any Guarantor Guarantors party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofexceptions. No Opinion of Counsel will be required by the immediately preceding sentence for the Trustee to execute any amendment or supplement adding a new Guarantor under this Indenture.
Appears in 4 contracts
Samples: Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the its Board of Directors of the Company (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive provided with and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).
Appears in 4 contracts
Samples: Debt Securities Indenture (Centene Corp), Debt Securities Indenture (Centene Corp), Debt Securities Indenture (Centene Corp)
Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. 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 will 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 13.02 11.02 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 amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party theretoCompany, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereof.
Appears in 3 contracts
Samples: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine Corp)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment amendment, supplement or supplement waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture Indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 13.04 hereof, an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended amendment, supplement or supplemental indenture waiver is authorized or permitted by this Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company and any Guarantor party theretothe Guarantors, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereof (including Section 9.03 hereof).
Appears in 3 contracts
Samples: Indenture (Polypore International, Inc.), Indenture (Daramic, LLC), Indenture (Polypore International, Inc.)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof.
Appears in 3 contracts
Samples: Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 IX if the amendment amendment, supplement or supplement waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company or the Co-Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board of Directors of the Company or the Co-Issuer, as applicable, approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will be entitled to receive shall receive, and (subject to Section 7.01 hereof) will shall be fully protected in relying conclusively upon, in addition to the documents required by Section 13.02 12.04 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 amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuers and any Guarantor Guarantors party thereto, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereof.
Appears in 3 contracts
Samples: Indenture (Vine Energy Inc.), Indenture (Vine Energy Inc.), Indenture (Vine Resources Inc.)
Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture or waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. 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, or if required to execute any amendment to a Security Document, the Arazi/Lancaster Collateral Agreement or the Intercreditor Agreement in its capacity as notes agent, in each case, the Trustee will be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in relying uponon, in addition to the documents required by and Opinion of Counsel described in Section 13.02 15.04 hereof, an Officers’ Certificate and an Opinion of Counsel and Officer’s Certificate stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of on the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereof.
Appears in 3 contracts
Samples: Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board its board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will be entitled to shall receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 hereof12.03, an Officers’ Officer’s Certificate and an Opinion of Counsel each stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended amendment, supplement or supplemental indenture 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 exceptions, and complies with the provisions hereofhereof (including Section 9.03). Notwithstanding the foregoing, no Opinion of Counsel will be required for the Trustee to execute any amendment or supplement adding a new Guarantor under this Indenture.
Appears in 3 contracts
Samples: Indenture (Hill-Rom Holdings, Inc.), Indenture (Hill-Rom Holdings, Inc.), Indenture (Hill-Rom Holdings, Inc.)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 IX if the amendment amendment, supplement or supplement waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuers may not sign an amended amendment, supplement or supplemental indenture waiver until the Board boards of Directors directors of the Company approves Issuers approve it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will be entitled to receive shall receive, and (subject to Section 7.01 hereof) will shall be fully protected in relying conclusively upon, in addition to the documents required by Section 13.02 12.04 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 amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuers and any Guarantor Guarantors party thereto, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereof.
Appears in 3 contracts
Samples: Indenture (J Crew Group Inc), Indenture (J Crew Group Inc), Restructuring Support Agreement (J Crew Group Inc)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board of Directors of the Company approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.03 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 amended amendment, supplement or supplemental indenture 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 exceptions, and complies with the provisions hereofhereof (including Section 9.03).
Appears in 2 contracts
Samples: Indenture (Allison Transmission Holdings Inc), Indenture (Allison Transmission Holdings Inc)
Trustee to Sign Amendments, etc. The Trustee will sign any amended amendment or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended amendment or supplemental indenture, the Trustee will 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 13.02 14.04 hereof, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended amendment or supplemental indenture is authorized or permitted by this Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company and any Guarantor Guarantors party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofexceptions.
Appears in 2 contracts
Samples: Indenture (Ion Geophysical Corp), Indenture (I/O Marine Systems, Inc.)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment amendment, supplement or supplement waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment, supplement or supplemental indenture waiver until the Board of Directors of the Company approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will be entitled to receive shall receive, and (subject to Section 7.01 hereof) will shall be fully protected in relying conclusively upon, in addition to the documents required by Section 13.02 12.04 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 amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company and any Guarantor Guarantors party thereto, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereof.
Appears in 2 contracts
Samples: Indenture (Stericycle Inc), Indenture (Stericycle Inc)
Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. 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 will be entitled to receive security and/or indemnity to its reasonable satisfaction and (subject to Section 7.01 hereof) will be fully protected in relying upon, in addition to the documents required by Section 13.02 13.04 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 Indenture, that such amended or the supplemental indenture is the legal, valid valid, binding and binding obligation of enforceable against the Company and any Guarantor party thereto, enforceable against them in accordance with its termsterms and such other matters as the Trustee may request. The Trustee may, subject to customary exceptions and complies with provisions hereofbut shall not be obligated to, enter into any such supplemental indenture which affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 2 contracts
Samples: Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Indenture (Melco Crown Entertainment LTD)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive provided with and (subject to Section 7.01 hereof) will shall be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 12.03 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 amended amendment, supplement or supplemental indenture 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 exceptions, and complies with the provisions hereof.
Appears in 2 contracts
Samples: Indenture (Petco Holdings Inc), Indenture (Petco Holdings Inc)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).
Appears in 2 contracts
Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. 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 will be entitled to receive and security and/or indemnity to their reasonable satisfaction. The Trustee (subject to Section 7.01 hereof) will be fully protected in relying upon, in addition to the documents required by Section 13.02 13.04 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 Indenture, that such amended or the supplemental indenture is the legal, valid valid, binding and binding obligation of enforceable against the Company and any Guarantor party thereto, enforceable against them in accordance with its termsterms and such other matters as the Trustee may request. The Trustee may, subject to customary exceptions and complies with provisions hereofbut shall not be obligated to, enter into any such supplemental indenture which affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 2 contracts
Samples: Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Indenture (Melco Resorts & Entertainment LTD)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 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 this Indenture, as so amended or supplemental indenture is supplemented, constitute the legal, valid and binding obligation obligations of the Company and any Guarantor party theretothe Guarantors, enforceable against each of them in accordance with its terms, their respective terms (subject to customary exceptions and complies with provisions hereofnecessary exceptions) and all conditions precedent have been complied with.
Appears in 2 contracts
Samples: Indenture (Air Rental Supply Inc), Indenture (Pacific Aerospace & Electronics Inc)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof.
Appears in 2 contracts
Samples: Indenture (General Growth Properties, Inc.), Indenture (Rouse Co LP)
Trustee to Sign Amendments, etc. The Each of the Trustee and the Collateral Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee and the Collateral Trustee. The Company An Issuer may not sign an amended or supplemental indenture until the either such Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee and the Collateral Trustee will 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 13.02 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 Indenture, and an Opinion of Counsel that such amended or supplemental indenture is the legal, it will be valid and binding obligation of upon the Company Issuers and any Guarantor party thereto, enforceable against them Guarantors in accordance with its terms, subject to customary exceptions and complies with provisions hereofexceptions.
Appears in 2 contracts
Samples: Indenture (Eldorado Resorts, Inc.), Indenture (NGA Holdco, LLC)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 8 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the its Board of Directors of the Company (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 5.02 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party theretoCompany, enforceable against them it in accordance with its terms, subject to customary exceptions exceptions, and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 8.03).
Appears in 2 contracts
Samples: Non Recourse Secured Notes Indenture (NextWave Wireless LLC), Indenture (NextWave Wireless LLC)
Trustee to Sign Amendments, etc. The Trustee will sign any amended amendment or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended amendment or supplemental indenture, the Trustee will 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 13.02 13.04 hereof, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended amendment or supplemental indenture is authorized or permitted by this Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company and any Guarantor Guarantors party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofexceptions.
Appears in 2 contracts
Samples: Indenture (Ion Geophysical Corp), Indenture (Ion Geophysical Corp)
Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. 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 will be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 12.04 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 amended or supplemental indenture is constitutes the legal, valid and binding obligation of the Company and any Guarantor Guarantors party thereto, enforceable against them such parties in accordance with its terms, subject to customary exceptions and complies with provisions hereofexceptions.
Appears in 2 contracts
Samples: Indenture (Endo Pharmaceuticals Holdings Inc), Indenture (Endo Pharmaceuticals Holdings Inc)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the TrusteeTrustee and all other conditions to the execution and delivery of such amendment or supplement set forth in this Article 9 are fulfilled. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture amendment is the legal, valid and binding obligation of the Company and any Guarantor party theretoCompany, enforceable against them it in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).
Appears in 2 contracts
Samples: Indenture (Metromedia Fiber Network Inc), Indenture (Metromedia Fiber Network Inc)
Trustee to Sign Amendments, etc. The Upon the request of the Issuer, the Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 IX if the amendment amendment, supplement or supplement waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company If it does, the Trustee may but need not sign an amended or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will be entitled to receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 hereof12.04, an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended amendment, supplement or supplemental indenture waiver is authorized or permitted by this Indenture and that such amended amendment, supplement or supplemental indenture 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 provisions hereofexceptions. No Opinion of Counsel will be required by the immediately preceding sentence for the Trustee to execute any amendment or supplement adding a new Guarantor under this Indenture.
Appears in 2 contracts
Samples: Indenture (Meredith Corp), Indenture (Meredith Corp)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the its Board of Directors of the Company (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive provided with and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Samples: Indenture (Molina Healthcare Inc)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 IX if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board its board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will be entitled to shall receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 hereof12.02, an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended amendment, supplement or supplemental indenture waiver is authorized or permitted by this Indenture and that such amended amendment, supplement or supplemental indenture 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 exceptions, and complies with the provisions hereof. Notwithstanding the foregoing, no Opinion of Counsel will be required for the Trustee to execute any amendment or supplement adding a new Guarantor under this Indenture.
Appears in 1 contract
Samples: Indenture (Black Knight, Inc.)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 10 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the TrusteeTrustee and all other conditions to the execution and delivery of such amendment or supplement set forth in this Article 10 are fulfilled. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 8.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Officer's Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental supplement al indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture amendment is the legal, valid and binding obligation of the Company and any Guarantor party theretoCompany, enforceable against them it in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 10.03).
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 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 Nineteenth Supplemental Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuer and any Guarantor party theretothe Parent Guarantor, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 8 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the its Board of Directors of approves the Company approves itsame. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof6.01 of the Base Indenture) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 8.05).
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuers may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in relying uponreceive, in addition to the documents required by Section 13.02 13.04, and (subject to Section 7.01 hereof, ) shall be fully protected in relying upon 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 amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, Issuers enforceable against them in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof (including Section 9.03 hereof).
Appears in 1 contract
Samples: Indenture (CBD Media LLC)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation of the Company (and, if applicable, any guarantor hereunder and thereunder) enforceable against it (and any Guarantor party thereto, enforceable against them applicable guarantor) in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof (including Section 9.03 hereof).
Appears in 1 contract
Samples: Indenture (Videotron Ltee)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board of Directors of the Company approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 13.04 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 amended amendment, supplement or supplemental indenture 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 exceptions, and complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Samples: Indenture (Cogent Management Inc)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 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 Eleventh Supplemental Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuer and any Guarantor party theretothe Parent Guarantor, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will 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 13.02 14.02 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. Notwithstanding the foregoing, an Opinion of Counsel shall not be required in connection with the addition of a Guarantor under this Indenture upon execution and that delivery by such amended or Guarantor and the Trustee of a supplemental indenture to this Indenture, the form of which is the legal, 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 provisions hereofattached as Exhibit E hereto.
Appears in 1 contract
Samples: Indenture (Lbi Media Holdings Inc)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board its board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will be entitled to shall receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 hereof12.03, 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 amended amendment, supplement or supplemental indenture 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 exceptions, and complies with the provisions hereofhereof (including Section 9.03). Notwithstanding the foregoing, no Opinion of Counsel shall be required for the Trustee to execute any amendment or supplement adding a new Guarantor under this Indenture.
Appears in 1 contract
Samples: Indenture (Microsemi Corp)
Trustee to Sign Amendments, etc. The Trustee (or Collateral Agent, as applicable) will sign any amended or supplemental indenture authorized pursuant to this Article 9 IX (or any amendments under the Security Documents or the Intercreditor Agreements duly authorized thereunder) if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the TrusteeTrustee (or the Collateral Agent, as the case may be). 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 will 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 13.02 12.04 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 amended or supplemental indenture is the legalSecurity Documents and the Intercreditor Agreements, 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 provisions hereofif applicable).
Appears in 1 contract
Samples: Indenture (Appleton Papers Inc/Wi)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 8 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the its Board of Directors of approves the Company approves itsame. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof6.01 of the Base Indenture) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ ' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Third Supplemental Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 8.05).
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 IX if the amendment amendment, supplement or supplement waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment, supplement or supplemental indenture waiver until the Board of Directors of the Company approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will be entitled to receive shall receive, and (subject to Section 7.01 hereof) will shall be fully protected in relying conclusively upon, in addition to the documents required by Section 13.02 12.02 hereof, an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended amendment, supplement or supplemental indenture waiver is authorized or permitted by this Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company and any Guarantor Guarantors party thereto, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereof.
Appears in 1 contract
Samples: Indenture (Foot Locker, Inc.)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof (including Section 9.03 hereof).
Appears in 1 contract
Samples: Indenture (Medvest Holdings Corp)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 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 Fortieth Supplemental Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuer and any Guarantor party theretothe Parent Guarantor, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Co-Issuers may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, Co-Issuers enforceable against them in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof.
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 9, however, if the amendment or supplement does not adversely affect affects the rights, duties, liabilities or immunities of the Trustee, the Trustee shall be under no obligation to sign such amended or supplemental indenture. 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 will be entitled to shall receive and (subject to Section 7.01 hereof) will be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 13.04 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 amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party theretoor surviving Person, as applicable, enforceable against them the Company and such Guarantor or surviving Person in accordance with its terms, subject to customary exceptions and complies with provisions hereof.
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment, supplement or supplemental indenture waiver until the its Board of Directors of the Company approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof12.03, 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 amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company and any Guarantor Note Guarantors party thereto, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofof this Indenture.
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company None of the Issuers nor any Guarantor may not sign an amended amendment or supplemental indenture until the its Board of Directors of the Company (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, Issuers enforceable against each of them in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Samples: Indenture (Trump Entertainment Resorts Holdings Lp)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 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 Thirty-Ninth Supplemental Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuer and any Guarantor party theretothe Parent Guarantor, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 8 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The None of the Company nor the Subsidiary Guarantor may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors approves it. In executing any amended or supplemental indentureindenture or any amendment or supplement to the Security Documents or Notes, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in relying uponreceive, in addition to the documents required by Section 13.02 12.03, and (subject to Section 7.01 hereof, ) shall be fully protected in relying upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof.
Appears in 1 contract
Samples: Indenture (Harbin Electric, Inc)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 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 First Supplemental Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuer and any Guarantor party theretothe Parent Guarantor, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 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 Thirty-Fifth Supplemental Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuer and any Guarantor party theretothe Parent Guarantor, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 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 Twenty-Second Supplemental Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuer and any Guarantor party theretothe Parent Guarantor, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture Indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended or supplemental indenture Indenture until the Board of Directors of the Company Issuer approves it. In executing any amended or supplemental indentureIndenture, the Trustee will be entitled to receive and (subject to Section 7.01 hereof7.01) will be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof14.03, an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture Indenture is authorized or permitted by or not in breach of this Indenture and that such amended or supplemental indenture amendment is the legal, valid and binding obligation of the Company Issuer (and any Guarantor party thereto, Guarantor) enforceable against them it in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofof this Indenture.
Appears in 1 contract
Samples: Indenture (Liberty Global PLC)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company (and, if applicable, any guarantor hereunder and thereunder) enforceable against it (and any Guarantor party thereto, enforceable against them applicable guarantor) in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof..
Appears in 1 contract
Samples: Indenture (Videotron Ltee)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 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 Twenty-Sixth Supplemental Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuer and any Guarantor party theretothe Parent Guarantor, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 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 Twentieth Supplemental Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuer and any Guarantor party theretothe Parent Guarantor, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The None of the Company may not nor any Subsidiary Guarantor shall sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof (including Section 9.03 hereof).
Appears in 1 contract
Samples: Indenture (Aviall Inc)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuers may not sign an amended amendment, supplement or supplemental indenture waiver until the Board of Directors of the Company approves their Boards approve it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will be entitled to shall receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof13.04, 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 amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuers and any Guarantor Guarantors party thereto, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereof. Notwithstanding the foregoing, no Opinion of Counsel will be required for the Trustee to execute the Effective Date Supplemental Indenture.
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuers may not sign an amended or supplemental indenture until the Board of Directors of the Company approves Issuers approve it. In executing any amended or supplemental indentureindenture or amendment or supplement, the Trustee will be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 12.04 hereof, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended amendment or supplemental indenture supplement is authorized or permitted by this Indenture and that such amended supplement or supplemental indenture is amendment constitutes the legal, valid and binding obligation of the Company Issuers and any Guarantor Guarantors party thereto, enforceable against them such parties in accordance with its terms, subject to customary exceptions and complies with provisions hereofexceptions.
Appears in 1 contract
Samples: Indenture (Endo International PLC)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 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 Thirty-Sixth Supplemental Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuer and any Guarantor party theretothe Parent Guarantor, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment, supplement or supplemental indenture waiver until the its Board of Directors of the Company approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will be entitled to shall receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 hereof, an Officers’ Certificate of the Company 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 amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company and any Guarantor Guarantors party thereto, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereof (including Section 9.03 hereof).
Appears in 1 contract
Samples: Indenture (Ocwen Financial Corp)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities liabilities, immunities or immunities indemnities of the Trustee. The Company None of the Issuer nor any Guarantor may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, Issuer enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Samples: Indenture (Hli Operating Co Inc)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company None of HLI nor any Guarantor may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, HLI enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in relying uponreceive, in addition to the documents required by Section 13.02 12.04, and (subject to Section 7.01 hereof, ) shall be fully protected in relying upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof (including Section 9.03 hereof).
Appears in 1 contract
Samples: Indenture (Stratos Funding, LP)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 8 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the its Board of Directors of the Company (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 5.02 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party theretoCompany, enforceable against them it in accordance with its terms, subject to customary exceptions exceptions, and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 8.03).
Appears in 1 contract
Samples: Indenture (NextWave Wireless LLC)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The None of the Company nor any Guarantor may not sign an amended amendment or supplemental indenture until the its Board of Directors of the Company (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Samples: Indenture (GNLV Corp)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 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 Thirty-Seventh Supplemental Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuer and any Guarantor party theretothe Parent Guarantor, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company None of the Companies nor any Guarantor may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, Companies enforceable against them in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Samples: Indenture (Twi Holdings Inc)
Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuers may not sign an amended or supplemental indenture until the Board of Directors of the Company Issuers approves it. In executing any amended or supplemental indenture, the Trustee will be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 12.03 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 amended or supplemental indenture is constitutes the legal, valid and binding obligation of the Company Issuers and any Guarantor Guarantors party thereto, enforceable against them such parties in accordance with its terms, subject to customary exceptions and complies with provisions hereofexceptions.
Appears in 1 contract
Samples: Indenture (Horizon Pharma PLC)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 IX if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuers and the Guarantors may not sign an amended amendment or supplemental indenture until the Board their respective Boards of Directors of the Company approves approve it. In executing signing or refusing to sign any amended amendment or supplemental indenture, indenture the Trustee will be entitled to shall receive and (subject to Section 7.01 7.1 hereof) will shall be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended amendment or supplemental indenture is authorized or permitted by this Indenture and Indenture, that all conditions precedent thereto have been met or waived, that such amended amendment or supplemental indenture is the legalnot inconsistent herewith, and that it will be valid and binding obligation of upon the Company and any Guarantor party thereto, enforceable against them the Company in accordance with its terms, subject to customary exceptions bankruptcy, insolvency and complies with provisions hereofother reasonable exceptions.
Appears in 1 contract
Samples: Indenture (Yankee Holding Corp.)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it, which approval shall be evidenced by the delivery to the Trustee of a Board Resolution from the Company. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, the Guarantors enforceable against each of them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Samples: Indenture (S&c Holdco 3 Inc)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 IX if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. 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 will shall be entitled to receive provided with and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.03 hereof, an Officers’ Officer’s Certificate and an Opinion of Counsel Counsel, each stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is constitutes the legal, valid and binding obligation of the Company and any Guarantor party theretoGuarantors, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereof.. ARTICLE X NOTE GUARANTEES Section 10.01
Appears in 1 contract
Samples: Indenture (Patrick Industries Inc)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 IX if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 12.04 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 amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company and any Guarantor Guarantors party thereto, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Samples: Indenture (Brightstar Corp.)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 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 amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company and any Guarantor Guarantors party thereto, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03). Notwithstanding the foregoing, no Opinion of Counsel will be required for the Trustee to execute any amendment or supplement adding a new Guarantor under this Indenture.
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture Indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture Indenture until the its Board of Directors of the Company approves it. In executing any amended or supplemental indentureIndenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture Indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture Indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental Indenture complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Samples: Indenture (Talecris Biotherapeutics Holdings Corp.)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The None of the Company nor any Subsidiary Guarantor may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture Indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture Indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended or supplemental indenture until the Board of Directors of the Company Issuer approves it. In executing any amended or supplemental indenture, the Trustee will be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 12.03 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 amended or supplemental indenture is constitutes the legal, valid and binding obligation of the Company Issuer and any Guarantor Guarantors party thereto, enforceable against them such parties in accordance with its terms, subject to customary exceptions and complies with provisions hereofexceptions.
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Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 9, however, if the amendment or supplement does not adversely affect affects the rights, duties, liabilities or immunities of the Trustee, the Trustee shall be under no obligation to sign such amended or supplemental indenture. 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 will be entitled to shall receive and (subject to Section 7.01 hereof) will be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 13.03 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 amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party theretoor surviving Person, as applicable, enforceable against them the Company and such Guarantor or surviving Person in accordance with its terms, subject to customary exceptions and complies with provisions hereof.
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Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Subsidiary Guarantor party thereto, thereto enforceable against them in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).
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Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 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 Fifth Supplemental Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuer and any Guarantor party theretothe Parent Guarantor, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).
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Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 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 amended amendment, supplement or supplemental indenture 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 exceptions, and complies with the provisions hereofhereof (including Section 9.03).
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Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board its board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 16.04 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 amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuer, Holdings and any Guarantor Note Guarantors party thereto, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).
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Samples: Indenture (Realogy Corp)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 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 Third Supplemental Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company Issuer and any Guarantor party theretothe Parent Guarantor, enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).
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Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The None of the Company nor any Guarantor may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will be entitled to shall receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof.
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Samples: Indenture (ClubCorp Holdings, Inc.)
Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Neither the Company nor any Guarantor may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon 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 amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof.
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Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board of Directors of the Company approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will be entitled to shall receive and (subject to Section 7.01 hereof) will shall be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 12.03 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 amended amendment, supplement or supplemental indenture 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 exceptions, and complies with the provisions hereofhereof (including Section 9.03).
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Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment, supplement or supplemental indenture waiver authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuer may not sign an amended amendment, supplement or supplemental indenture waiver until the Board board of Directors of the Company directors approves it. In executing any amended amendment, supplement or supplemental indenturewaiver, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 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 First Supplemental Indenture and that such amended amendment, supplement or supplemental indenture waiver is the legal, valid and binding obligation of the Company and any Guarantor party theretoIssuer, enforceable against them the Issuer in accordance with its terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).
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