Article fourteen conditions to effectiveness of indenture and representations and warranties
ARTICLE FOURTEEN CONDITIONS TO EFFECTIVENESS OF INDENTURE AND REPRESENTATIONS AND WARRANTIES Sample Clauses
ARTICLE FOURTEEN CONDITIONS TO EFFECTIVENESS OF INDENTURE AND REPRESENTATIONS AND WARRANTIES. Section 1401. Conditions Precedent. Each Holder's obligation to exchange Old Debt for New Debt (including the Securities), and the effectiveness of this Indenture and the issuance of the Securities, shall be subject to the prior or concurrent satisfaction of each of the conditions precedent set forth in Section 1401A through to Section 1401T (the latest date upon which all such conditions precedent are satisfied, the "Closing Date"). The Closing Date shall be no later than December 31, 2001, shall be specified in an Officer's Certificate of PCI and the Company and shall be agreed to by the Creditors' Committee Lenders and the Trustee. Section 1401A. Resolutions Etc. The Trustee (for the benefit of the Trustee and the Holders) shall have received from each Obligor a certificate, dated the Closing Date, of its secretary or assistant secretary (a) stating that attached thereto is a true and complete copy of such Obligor's by-laws or equivalent organizational document as in effect on the Closing Date and at all times since the date of the resolutions described in clause (b) of this Section 1401A, (b) stating that attached thereto is a true and complete copy of resolutions duly adopted by its Board of Directors authorizing the execution, delivery and performance of each Indenture Document to be executed by it and that such resolutions have not been modified, rescinded or amended and are in full force and effect, (c) stating that the certificate of incorporation or equivalent constitutive document of such Obligor has not been amended since the date of the last amendment thereto shown on the certificate of good standing furnished pursuant to Section 1401B hereof, and (d) as to the incumbency and signatures of those of its officers authorized to act with respect to each Indenture Document executed by it, upon which certificate the Trustee (for the benefit of the Trustee and the Holders) may conclusively rely until it shall have received a further certificate of the secretary or assistant secretary of such Obligor canceling or amending such prior certificate. Section 1401B. Secretary of States' Certificates. The Trustee (for the benefit of the Trustee and the Holders) shall have received a copy of the certificate of incorporation or other equivalent constitutive document of each Obligor, as in effect on the Closing Date, certified by the Secretary of State of its jurisdiction of incorporation or organization, and a certificate from such Secretary of State as to the...