Trustee’s Rights and Obligations. The Trustee is entitled to receive, and will be fully protected in relying upon, in addition to the documents required by Section 14.05, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article or the Shared Security Documents and the Intercreditor Agreement is authorized or permitted by this Indenture and is the legal, valid and binding obligation of the Company, enforceable in accordance with its terms, and an Officers’ Certificate stating that all conditions precedent have been complied with. If the Trustee has received such an Opinion of Counsel, it shall sign the amendment, supplement or waiver so long as the same does not adversely affect the rights of the Trustee. The Trustee may, but is not obligated to, execute any amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture.
Appears in 3 contracts
Samples: Indenture (Energy Resources Rail LLC), Indenture (Enrestechnology LLC), Indenture (Enrestechnology LLC)
Trustee’s Rights and Obligations. The Trustee is entitled to receive, and will be fully protected in relying upon, in addition to the documents required by Section 14.059.05, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article or the Shared Security Documents and the Intercreditor Agreement Article 8 is authorized or permitted by this Indenture and is the legal, valid and binding obligation of the Company, enforceable in accordance with its terms, and an Officers’ Officer’s Certificate stating that all conditions precedent have been complied with. If the Trustee has received such an Opinion of Counsel, it shall sign the amendment, supplement or waiver so long as the same does not adversely affect the rights of the Trustee. The Trustee may, but is not obligated to, execute any amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture.
Appears in 2 contracts
Samples: Indenture (Energy Resources Rail LLC), Indenture (Enrestechnology LLC)
Trustee’s Rights and Obligations. The Trustee is entitled to receive, in addition to the documents required by Section 12.04, and will be fully protected in relying upon, in addition to the documents required by Section 14.05, an Opinion of Counsel stating (i) that the execution of any amendment, supplement or waiver authorized pursuant to this Article or the Shared Security Documents and the Intercreditor Agreement is authorized or permitted by this Indenture and is (ii) in the legalcase of an amendment, valid and binding obligation supplement or waiver in connection with Section 9.01(k) that such amendment, supplement or waiver does not adversely affect the legal rights of the Company, enforceable in accordance with its terms, and an Officers’ Certificate stating that all conditions precedent have been complied withany Holder of Notes affected by such change. If the Trustee has received such an Opinion of Counsel, it shall sign the amendment, supplement or waiver so long as the same does not adversely affect the rights of the Trustee. The Trustee may, but is not obligated to, execute any amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture.
Appears in 2 contracts
Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)
Trustee’s Rights and Obligations. The Trustee is entitled to shall receive, and will be fully protected in relying upon, in addition to the documents required by Section 14.05, an Officer’s Certificate and an Opinion of Counsel each stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article or the Shared Security Documents and the Intercreditor Agreement is authorized or permitted by this Indenture and that such amendment, supplement or waiver is the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions, and an Officers’ Certificate stating that all conditions precedent have been complied withcomplies with the provisions hereof (including Section 9.05). If the Trustee has received such an Opinion of Counsel, it shall sign the amendment, supplement or waiver so long as the same does not adversely affect the rights of the Trustee. The Trustee may, but is not obligated to, execute any amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this the Indenture.
Appears in 1 contract
Samples: Indenture (Evercore Partners Inc.)
Trustee’s Rights and Obligations. The Trustee is entitled to receive, and will be fully protected in relying upon, in addition to the documents required by Section 14.05, an Opinion of Counsel and Officers’ Certificate stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article or the Shared Security Documents and the Intercreditor Agreement is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the CompanyIssuers and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and an Officers’ Certificate stating that all conditions precedent have been complied withcomplies with the provisions of this Indenture. If the Trustee has received such an Opinion of CounselCounsel and Officers’ Certificate, it shall sign the amendment, supplement or waiver so long as the same does not adversely affect the rights rights, duties, liabilities or immunities of the Trustee. The Trustee may, but is not obligated to, execute any amendment, supplement or waiver that affects the Trustee’s own rights, duties duties, liabilities or immunities under this Indenture.
Appears in 1 contract
Samples: Indenture (Tower Automotive, LLC)