Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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, the Trustee shall be entitled to receive indemnity satisfactory to it and to receive, and (subject to Section 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 all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied with.
Appears in 3 contracts
Samples: Indenture (Western Digital Corp), Indenture, Indenture
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 7.017.1) 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 all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withconstitutes the legal, valid and binding obligation of the Company subject to customary exceptions.
Appears in 3 contracts
Samples: Indenture (Prime Succession Holdings Inc), Indenture (Prime Succession Holdings Inc), Indenture (Prime Succession Holdings Inc)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 7.01Sections 7.1 and 7.2 ) 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 all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withis the legal, valid and binding obligation of the Company, enforceable against it in accordance with its terms, subject to customary exceptions and complies with the provisions hereof (including Section 9.3 ).
Appears in 2 contracts
Samples: Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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, the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 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 all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withIndenture.
Appears in 2 contracts
Samples: Indenture (Buffets Holdings, Inc.), Indenture (Buffets Holdings, Inc.)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 7.017.1 and Section 7.2) shall be fully protected in relying upon, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amendment is authorized or permitted by this Indenture Indenture, that such amendment is the legal, valid and binding obligation of the Company enforceable against the Company in accordance with its terms, subject to customary exceptions, and that all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withcomplies with the provisions hereof (including Section 9.3).
Appears in 2 contracts
Samples: Indenture (Computer Sciences Corp), Indenture (Computer Sciences Corp)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity and/or security satisfactory to it and to receive, and (subject to Section 7.01Sections 7.1 and 7.2) shall be fully protected in conclusively relying upon, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amendment is authorized or permitted by this Indenture Indenture, that such amendment is the legal, valid and binding obligation of the Company enforceable against the Company in accordance with its terms, subject to customary exceptions, and that all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withcomplies with the provisions hereof (including Section 9.3).
Appears in 2 contracts
Samples: Indenture (Keurig Dr Pepper Inc.), Indenture (Dr Pepper/Seven Up Beverage Sales Co)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 7.01Sections 7.1 and 7.2) 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 all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withis the legal, valid and binding obligation of the Company, enforceable against it in accordance with its terms, subject to customary exceptions and complies with the provisions hereof (including Section 9.3).
Appears in 2 contracts
Samples: Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 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 all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withconstitutes the legal, valid and binding obligation of the Company and each Note Guarantor, subject to customary exceptions.
Appears in 2 contracts
Samples: Indenture (Paragon Trade Brands Inc), Indenture (Paragon Trade Brands Inc)
Trustee to Sign Amendments. The Trustee shall sign any amendment or supplement authorized pursuant to this Article 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 be entitled to receive indemnity or security satisfactory to it and to shall receive, and (subject to Section 7.01) shall be fully protected in conclusively relying upon, an Officers’ Certificate and an Opinion of Counsel Counsel, each stating that the execution of such amendment is authorized or permitted by this Indenture Indenture, and that all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withor supplement is the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions.
Appears in 2 contracts
Samples: Indenture (Fossil Group, Inc.), Senior Indenture (Fossil Group, Inc.)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article IX 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, amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 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 all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withis the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, and complies with the provisions of this Indenture. Such Opinion of Counsel shall be at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (U.S. Concrete, Inc.), Indenture (Us Concrete Inc)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 7.01Sections 7.1 and 7.2) shall be fully protected in relying upon, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amendment is authorized or permitted by this Indenture Indenture, that such amendment is the legal, valid and binding obligation of the Company enforceable against the Company in accordance with its terms, subject to customary exceptions, and that all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withcomplies with the provisions hereof (including Section 9.3).
Appears in 2 contracts
Samples: Indenture (234DP Aviation, LLC), Indenture (Dr Pepper Snapple Group, Inc.)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to shall receive, and (subject to Section 7.01Sections 7.1 and 7.2) shall be fully protected in conclusively relying upon, upon an Officers’ Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that all conditions precedent is the legal, valid and binding obligation of the Issuers, enforceable in this Indenture relating to the execution and delivery of such amendment have been complied withaccordance with its terms.
Appears in 1 contract
Samples: Indenture (Star Gas Partners Lp)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 7.017.1 and Section 7.2) 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 all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withis the legal, valid and binding obligation of the Company, enforceable against it in accordance with its terms, subject to customary exceptions, and complies with the provisions hereof (including Section 9.3).
Appears in 1 contract
Samples: Indenture (Stanley Works)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 sign ing such amendment, amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 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 permit ted by this Indenture and that all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withIndenture.
Appears in 1 contract
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 7.01SECTIONS 7.1 AND 7.2) shall be fully protected in relying upon, upon an Officers’ ' Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withIndenture.
Appears in 1 contract
Samples: Indenture (Georgia Gulf Corp /De/)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 7.01Sections 7.1, 7.2) shall be fully protected in relying upon, upon an Officers’ ' Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by this Indenture and that all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withIndenture.
Appears in 1 contract
Samples: Indenture (Callon Petroleum Co)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, in addition to the documents required by Section 11.04 and (subject to Section 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 all conditions precedent in this Indenture relating to is a legal, valid and binding obligation of the execution and delivery of such amendment have been complied withCompany.
Appears in 1 contract
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 7.017.1 hereof) shall be fully protected in relying upon, an Officers’ Certificate and an Opinion of Counsel stating (i) that such amendment is authorized or permitted by this Indenture and (ii) that all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withmet.
Appears in 1 contract
Samples: Indenture (Doane Pet Care Co)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, in addition to the documents required by Section 11.04 and (subject to Section 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 all conditions precedent constitutes a legal, valid and binding obligation of the Company enforceable against it in this Indenture relating to the execution and delivery of such amendment have been complied withaccordance with its terms.
Appears in 1 contract
Samples: Indenture (National CineMedia, Inc.)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article IX if the amendment does not adversely materially and ad- versely 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 7.017.1) shall be fully protected in relying upon, in addition to the documents required by Section 10.4, an Officers’ Officer's Certificate and an Opinion of Counsel stating that such amendment is authorized or permitted by complies with the provisions of this Indenture and that all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withArticle IX.
Appears in 1 contract
Samples: Indenture (Spectrasite Inc)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article IX X 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 7.018.1) shall be fully protected in relying upon, in addition to the documents required by Section 11.4, an Officers’ Certificate of the Company and an Opinion of Counsel each stating that such amendment is authorized or permitted by complies with the provisions of this Indenture Article X and that all conditions precedent such supplemental indenture constitutes the legal valid and binding obligation of the Company in this Indenture relating accordance with its terms subject to the execution and delivery of such amendment have been complied withcustomary exceptions.
Appears in 1 contract
Trustee to Sign Amendments. The Trustee -------------------------- shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 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 all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withIndenture.
Appears in 1 contract
Samples: Indenture (Rev Holdings Inc)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article IX 9 if the amendment does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If If, in the reasonable judgment of the Trustee, it does, the Trustee may but need not sign it. In signing such amendment, amendment the Trustee shall be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 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 all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withis the valid and binding obligation of the Company and the Subsidiary Guarantors enforceable against them in accordance with its terms, subject to customary exceptions, and complies with the provisions hereof (including Section 9.03).
Appears in 1 contract
Samples: Indenture (Alliant Techsystems Inc)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 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 all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withis the legal, valid and binding obligation of the Company and the Guarantors enforceable against them in accordance with its 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 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, in addition to the documents required by Section 12.04 and (subject to Section 7.01) shall be fully protected in 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 all conditions precedent constitutes a legal, valid and binding obligation of the Company enforceable against it in this Indenture relating to the execution and delivery of such amendment have been complied withaccordance with its terms.
Appears in 1 contract
Samples: Indenture (National CineMedia, LLC)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article IX if the amendment does not adversely affect the rights, duties, liabilities liabilities, indemnities or immunities of the Trustee. If it does, the Trustee may but need not sign it. In signing such amendment, amendment the Trustee shall be entitled to receive indemnity satisfactory to it and to receive, and (subject to Section 7.017.1) shall be fully protected in relying upon, an Officers’ ' Certificate and an Opinion of Counsel stating that such amendment and the execution thereof is authorized or permitted by this Indenture and that all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withIndenture.
Appears in 1 contract
Samples: Indenture (Tupperware Brands Corp)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, in addition to the documents required by Section 12.04 and (subject to Section 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 all conditions precedent constitutes a legal, valid and binding obligation of the Company and the Guarantors enforceable against them in this Indenture relating to the execution and delivery of such amendment have been complied withaccordance with its terms.
Appears in 1 contract
Samples: Indenture (National CineMedia, LLC)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity satisfactory to it and to shall receive, and (subject to Section 7.017.01 and Section 7.02) shall be fully protected in conclusively relying upon, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amendment is authorized or permitted by this Indenture and Indenture, that all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withis the legal, valid and binding obligation of the Company enforceable against the Company 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 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 be entitled to receive indemnity reasonably satisfactory to it and to receiveshall be provided with, and (subject to Section 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 all conditions precedent in this Indenture relating to the execution and delivery of such amendment have been complied withIndenture.
Appears in 1 contract
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, in addition to the documents required by Section 11.04 and (subject to Section 7.01) shall be fully protected in 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 all conditions precedent constitutes a legal, valid and binding obligation of the Company enforceable against it in this Indenture relating to the execution and delivery of such amendment have been complied withaccordance with its terms.
Appears in 1 contract
Samples: Indenture (National CineMedia, LLC)
Trustee to Sign Amendments. The Trustee shall sign any amendment authorized pursuant to this Article 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 be entitled to receive indemnity reasonably satisfactory to it and to receive, and (subject to Section 7.017.1) 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 IX and that all conditions precedent in this Indenture relating to the execution and delivery of supplemental indenture evidencing such amendment have been complied withconstitutes the legal valid and binding obligation of the Company in accordance with its terms subject to customary exceptions.
Appears in 1 contract