Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article Nine if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment the Trustee shall receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 and 7.02) shall be fully protected in relying upon, an Officers' Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that such supplemental indenture constitutes the legal valid and binding obligation of the Company and the Guarantors in accordance with its terms subject to customary exceptions.
Appears in 3 contracts
Samples: RJR Acquisition Corp, Reynolds R J Tobacco Co, Rj Reynolds Tobacco Holdings Inc
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article Nine IX if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment amendment, the Trustee shall receive indemnity reasonably satisfactory to it and to shall receive, and (subject to Sections 7.01 and 7.02Section 7.01) shall be fully protected in conclusively relying upon, an Officers' Officer’s Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that such supplemental indenture constitutes is the legal legal, valid and binding obligation of the Company and the Guarantors Guarantors, as applicable, enforceable in accordance with its terms subject to customary exceptionsterms.
Appears in 2 contracts
Samples: Indenture (Lamb Weston Holdings, Inc.), Supplemental Indenture (Lamb Weston Holdings, Inc.)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article Nine 9 if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, shall be provided with and (subject to Sections 7.01 and 7.02Section 7.01) shall be fully protected in relying upon, an Officers' Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that such supplemental indenture constitutes amendment is the legal legal, valid and binding obligation of the Company and the Guarantors enforceable against them in accordance with its terms terms, subject to customary exceptions, and complies with the provisions hereof (including Section 9.03).
Appears in 2 contracts
Samples: Volume Services America Inc, Volume Services America Holdings Inc
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article Nine 13 if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing signing such amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 and 7.02Section 9.01) shall be fully protected in relying upon, an Officers' ’ Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that such supplemental indenture constitutes amendment is the legal legal, valid and binding obligation of the Company and the Guarantors enforceable against them in accordance with its terms terms, subject to customary exceptions, and complies with the provisions hereof (including Section 13.03).
Appears in 2 contracts
Samples: Indenture (Broadwing Communications Inc), Indenture (Broadwing Inc)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article Nine IX if the amendment amendment, waiver or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it doesIn signing such amendment, waiver or supplement, the Trustee may but need not sign it. In signing such amendment the Trustee shall receive indemnity reasonably satisfactory to it and be entitled to receive, and (in addition to the documents required by Section 12.3, and, subject to Sections 7.01 and 7.02) Section 7.1, shall be fully protected in relying upon, an Officers' ’ Certificate and an Opinion of Counsel stating as conclusive evidence that such amendment amendment, waiver or supplemental indenture is authorized or permitted by this Indenture Indenture, that it is not inconsistent herewith, and that such supplemental indenture constitutes the legal it shall be valid and binding obligation of upon the Company and the Guarantors Guarantor in accordance with its terms subject to customary exceptionsterms.
Appears in 1 contract
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article Nine 9 if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 and 7.02Section 7.01) shall be fully protected in relying upon, an Officers' Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that such supplemental indenture amendment constitutes the legal legal, valid and binding obligation of the Company and the Guarantors in accordance with its terms each Note Guarantor, subject to customary exceptions.
Appears in 1 contract
Samples: Indenture (Galey & Lord Inc)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article Nine 9 if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 and 7.02Section 7.01) shall be fully protected in relying upon, an Officers' Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that such supplemental indenture constitutes amendment is the legal legal, valid and binding obligation of the Company and the Note Guarantors enforceable against them in accordance with its terms terms, subject to customary exceptions.
Appears in 1 contract
Samples: Premier Parks Inc
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article Nine 9 if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 and 7.02Section 7.1) shall be fully protected in relying upon, in addition to the documents required by Section 10.4, an Officers' Officers Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by complies with the provisions of this Indenture Article 9 and that such supplemental indenture constitutes the legal valid and binding obligation of the Company and the Guarantors in accordance with its terms subject to customary exceptions.
Appears in 1 contract
Trustee to Sign Amendments. The Trustee shall --------------------------- sign any amendment authorized pursuant to this Article Nine 10 if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 and 7.02Section 8.01) shall be fully protected in relying upon, an Officers' Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that such supplemental indenture constitutes amendment is the legal legal, valid and binding obligation of the Company and the Note Guarantors enforceable against them in accordance with its terms terms, subject to customary exceptions, and complies with the provisions hereof (including Section 10.03).
Appears in 1 contract
Samples: Kansas City Southern Industries Inc
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article Nine 9 if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 and 7.02Section 7.01) shall be fully protected in relying upon, an Officers' Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that such supplemental indenture amendment constitutes the legal legal, valid and binding obligation of the Company and the Guarantors in accordance with its terms each Guarantor, subject to customary exceptions.
Appears in 1 contract
Samples: Fresh Foods Inc
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article Nine 9 if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 and 7.02) shall be fully protected in relying upon, an Officers' Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that such supplemental indenture constitutes amendment is the legal legal, valid and binding obligation of the Company and the Guarantors any Subsidiary Guarantors, enforceable against them in accordance with its terms terms, subject to customary exceptions, and complies with the provisions hereof (including Section 9.03).
Appears in 1 contract
Samples: Calgon Carbon Corporation
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article Nine 9 if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 and 7.02) shall be fully protected in relying upon, an Officers' ’ Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that such supplemental indenture constitutes amendment is the legal legal, valid and binding obligation of the Company and the Guarantors any Subsidiary Guarantors, enforceable against them in accordance with its terms terms, subject to customary exceptions, and complies with the provisions hereof (including Section 9.03).
Appears in 1 contract
Samples: Delta Petroleum Corp/Co
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article Nine 9 if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 and 7.02Section 7.1) shall be fully protected in relying upon, in addition to the documents required by Section 10.4, an Officers' Certificate of the Company and an Opinion of Counsel stating that such amendment is authorized or permitted by complies with the provisions of this Indenture Article 9 and that such supplemental indenture constitutes the legal valid and binding obligation of the Company and the Guarantors in accordance with its terms subject to customary exceptions.
Appears in 1 contract
Samples: Mettler Toledo International Inc/
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article Nine 11 if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 and 7.02Section 8.01) shall be fully protected in relying upon, an Officers' Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that such supplemental indenture constitutes amendment is the legal legal, valid and binding obligation of the Company and the Guarantors enforceable against them in accordance with its terms terms, subject to customary exceptions, and complies with the provisions hereof (including Section 11.03).
Appears in 1 contract
Samples: Indenture (Cincinnati Bell Inc)
Trustee to Sign Amendments. The Trustee shall sign any -------------------------- amendment authorized pursuant to this Article Nine 9 if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 and 7.02Section 7.01) shall be fully protected in relying upon, an Officers' Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that such supplemental indenture constitutes amendment is the legal legal, valid and binding obligation of the Company and the Subsidiary Guarantors enforceable against them in accordance with its terms terms, subject to customary exceptions, and complies with the provisions hereof (including Section 9.03).
Appears in 1 contract
Samples: Indenture (Wki Holding Co Inc)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article Nine if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment the Trustee shall receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 7.1 and 7.027.2) shall be fully protected in relying upon, an Officers' Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that such supplemental indenture constitutes the legal valid and binding obligation of the Company and the Guarantors in accordance with its terms subject to customary exceptions.
Appears in 1 contract
Samples: Rj Reynolds Tobacco Holdings Inc
Trustee to Sign Amendments. The Trustee shall sign any --------------------------- amendment authorized pursuant to this Article Nine 9 if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 and 7.02Section 7.01) shall be fully protected in relying upon, an Officers' Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that such supplemental indenture constitutes amendment is the legal legal, valid and binding obligation of the Company and the Note Guarantors enforceable against them in accordance with its terms terms, subject to customary exceptions, and complies with the provisions hereof (including Section 9.03).
Appears in 1 contract
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article Nine 9 if the amendment amendment, waiver or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it doesIn signing such amendment, waiver or supplement, the Trustee may but need not sign it. In signing such amendment shall be entitled to receive indemnity satisfactory to the Trustee shall receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 and 7.02) shall be fully protected in relying upon, an Officers' ’ Certificate and an Opinion of Counsel stating as conclusive evidence that such amendment amendment, waiver or supplemental indenture is authorized or permitted by this Indenture Indenture, that it is not inconsistent herewith, and that such supplemental indenture constitutes the legal it shall be valid and binding obligation of upon the Company and the Guarantors in accordance with its terms subject to customary exceptionsterms.
Appears in 1 contract
Samples: Indenture (Cosan Ltd.)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article Nine if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment the Trustee shall receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 7.1 and 7.027.2) shall be fully protected in relying upon, an Officers' ’ Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that such supplemental indenture constitutes the legal legal, valid and binding obligation of the Company and the Guarantors in accordance with its terms subject to customary exceptions.
Appears in 1 contract
Samples: Indenture (Reynolds American Inc)
Trustee to Sign Amendments. The Trustee shall sign -------------------------- any amendment authorized pursuant to this Article Nine 9 if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 and 7.02Section 7.01) shall be fully protected in relying upon, an Officers' Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that such supplemental indenture constitutes amendment is the legal legal, valid and binding obligation of the Company Company, Sub Co-Issuer and the Subsidiary Guarantors enforceable against them in accordance with its terms terms, subject to customary exceptions, and complies with the provisions hereof (including Section 9.03).
Appears in 1 contract
Samples: Armkel LLC
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article Nine 9 if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Sections 7.01 and 7.02Section 7.01) shall be fully protected in relying upon, an Officers' Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that such supplemental indenture amendment constitutes the legal legal, valid and binding obligation of the Company and the Guarantors in accordance with its terms each STFC Guarantor subject to the customary exceptions.
Appears in 1 contract
Samples: Indenture (Shared Technologies Inc)