Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the Trustee: (1) an Officers’ Certificate (which shall include the statements set forth in Section 10.05) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; and (ii) an Opinion of Counsel (which shall include the statements set forth in Section 10.05) stating that, in the opinion of such counsel, all such conditions precedent and covenants have been complied with.
Appears in 23 contracts
Samples: Indenture (China Pharma Holdings, Inc.), Indenture (China Pharma Holdings, Inc.), Indenture (China Green Agriculture, Inc.)
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the Trustee: (1a) an Officers’ Certificate (which shall include the statements set forth in Section 10.0512.05) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; and (iib) an Opinion of Counsel (which shall include the statements set forth in Section 10.0512.05) stating that, in the opinion of such counsel, all such conditions precedent and covenants provided for in this Indenture relating to the proposed action have been complied with.
Appears in 8 contracts
Samples: Supplemental Indenture (Gray Television Inc), Indenture (Young Broadcasting Inc /De/), Indenture (Gray Television Inc)
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take or refrain from taking any action under this Indenture, the Company shall furnish shall, upon request, deliver to the Trustee: (1) Trustee an Officers’ Certificate (which shall include the statements set forth in Section 10.05) stating that, in the opinion of the signers, that all conditions precedent and covenants(including covenants compliance with which constitutes a condition precedent), if any, provided for in this Indenture relating to the proposed action have been complied with; and (ii) with and, upon request, an Opinion of Counsel (which shall include the statements set forth in Section 10.05) stating that, that in the opinion of such counsel, all such conditions precedent and (including covenants compliance with which constitutes a condition precedent), if any, have been complied with.
Appears in 8 contracts
Samples: Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp), Prospect Capital Corp
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the Trustee: (1) an Officers’ ' Certificate (which shall include the statements set forth in Section 10.05) stating that, in the opinion of the signers, all conditions precedent and covenants(including any covenants compliance with which constitutes a condition precedent), if any, provided for in this Indenture relating to the proposed action have been complied with; and (ii2) an Opinion of Counsel (which shall include the statements set forth in Section 10.05) stating that, in the opinion of such counsel, all such conditions precedent and (including any covenants compliance with which constitutes a condition precedent) have been complied with. Section 11.05.
Appears in 6 contracts
Samples: Tele Communications Inc /Co/, Tci Communications Inc, Tele Communications Inc /Co/
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the Trustee: (1a) an Officers’ ' Certificate (which shall include the statements set forth in Section 10.0512.05) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; and (iib) an Opinion of Counsel (which shall include the statements set forth in Section 10.0512.05) stating that, in the opinion of such counsel, all such conditions precedent and covenants provided for in this Indenture relating to the proposed action have been complied with.
Appears in 5 contracts
Samples: Indenture (Eagle Picher Holdings Inc), Indenture (Young Broadcasting Inc /De/), Pool Energy Services Co
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the Trustee: (1) an Officers’ Certificate (which shall include the statements set forth in Section 10.0513.05) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied withsatisfied; and (ii2) an Opinion of Counsel (which shall include the statements set forth in Section 10.0513.05) stating that, in the opinion of such counselcounsel (who may rely on such Officers’ Certificate as to matters of fact), all such conditions precedent and covenants have been complied withsatisfied.
Appears in 5 contracts
Samples: Indenture (SM Energy Co), Intercreditor Agreement (SM Energy Co), Indenture (SM Energy Co)
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the Trustee: (1a) an Officers’ ' Certificate (which shall include the statements set forth in Section 10.0511.05) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; and (iib) an Opinion of Counsel (which shall include the statements set forth in Section 10.0511.05) stating that, in the opinion of such counsel, all such conditions precedent and covenants provided for in this Indenture relating to the proposed action have been complied with.
Appears in 4 contracts
Samples: Indenture (Phonetel Technologies Inc), Phonetel Technologies Inc, Phonetel Technologies Inc
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take or refrain from taking any action under this the Indenture, the Company shall furnish shall, upon request, deliver to the Trustee: (1) Trustee an Officers’ Certificate (which shall include the statements set forth in Section 10.05) stating that, in the opinion of the signers, that all conditions precedent and covenants(including covenants compliance with which constitutes a condition precedent), if any, provided for in this the Indenture relating to the proposed action have been complied with; and (ii) with and, upon request, an Opinion of Counsel (which shall include the statements set forth in Section 10.05) stating that, that in the opinion of such counsel, all such conditions precedent and (including covenants compliance with which constitutes a condition precedent), if any, have been complied with.
Appears in 2 contracts
Samples: Supplemental Indenture (Prospect Capital Corp), Supplemental Indenture (Prospect Capital Corp)
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the Trustee: (1a) an Officers’ Certificate (which shall include the statements set forth in Section 10.0512.03) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; and (iib) an Opinion of Counsel (which shall include the statements set forth in Section 10.0512.03) stating that, in the opinion of such counsel, all such conditions precedent and covenants provided for in this Indenture relating to the proposed action have been complied with.
Appears in 2 contracts
Samples: Gray Television Inc, Gray Television Inc
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company Corporation to the Trustee to take any action under this Indenture, the Company Corporation shall furnish to the Trustee: (1i) an Officers’ Certificate (which shall include the statements set forth in Section 10.0511.05) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; and (ii) an Opinion of Counsel reasonably satisfactory to the Trustee (which shall include the statements set forth in Section 10.0511.05) stating that, in the opinion of such counsel, all such conditions precedent and covenants have been complied with.
Appears in 2 contracts
Samples: Indenture (Domtar CORP), Indenture (Domtar Paper Company, LLC)
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the Trustee: (1a) an Officers’ Certificate (which shall include the statements set forth in Section 10.0513.05) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; and (iib) an Opinion of Counsel (which shall include the statements set forth in Section 10.0513.05) stating that, in the opinion of such counsel, all such conditions precedent and covenants provided for in this Indenture relating to the proposed action have been complied with.
Appears in 2 contracts
Samples: Plantronics Inc /Ca/, E.W. SCRIPPS Co
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the Trustee, at the Trustee's request: (1a) an Officers’ ' Certificate (which shall include the statements set forth in Section 10.0512.05) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; with and (iib) an Opinion of Counsel (which shall include the statements set forth in Section 10.0512.05) stating that, in the opinion of such counsel, all such conditions precedent and covenants provided for in this Indenture relating to the proposed action have been complied with.
Appears in 1 contract
Samples: Indenture (Linden Oaks Corp)
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company Issuer to the Trustee to take any action under this Indenture, the Company Issuer shall furnish to the Trustee: (1i) an Officers’ ' Certificate (which shall include the statements set forth in Section 10.0511.05) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; and (ii) an Opinion opinion of Counsel (which shall include the statements set forth in Section 10.0511.05) stating that, in the opinion of such counsel, all such conditions precedent and covenants have been complied with.
Appears in 1 contract
Samples: Indenture (Dan River Inc /Ga/)
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the TrusteeTrustee upon request: (1a) an Officers’ Officer’s Certificate (which shall include the statements set forth in Section 10.0511.3) stating that, in the opinion of the signers, signers all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied withsatisfied; and (iib) an Opinion of Counsel (which shall include the statements set forth in Section 10.0511.3) stating that, in the opinion of such counsel, all such conditions precedent and covenants have been complied withsatisfied.
Appears in 1 contract
Samples: Indenture (Atkore Inc.)
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee trustee to take any action under this Indentureindenture, the Company shall furnish to the Trusteetrustee: (1i) an Officers’ ' Certificate (which shall include the statements set forth in Section 10.0511.05) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture indenture relating to the proposed action have been complied with; and (ii) an Opinion of Counsel (which shall include the statements set forth in Section 10.0511.05) stating that, in the opinion of such counsel, all such conditions precedent and covenants have been complied with.
Appears in 1 contract
Samples: Indenture (Lear Corp /De/)
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the Trustee: (1i) an Officers’ ' Certificate (which shall include the statements set forth in Section 10.0511.05) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; and (ii) an Opinion of Counsel (which shall include the statements set forth in Section 10.0511.05) stating that, in the opinion of such counsel, all such conditions precedent and covenants have been complied with.
Appears in 1 contract
Samples: Indenture (Lear Corp /De/)
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the Trustee: (1i) an Officers’ ' Certificate (which shall include the statements set forth in Section 10.0512.05) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; and (ii) an Opinion of Counsel reasonably satisfactory to the Trustee (which shall include the statements set forth in Section 10.0512.05) stating that, in the opinion of such counsel, all such conditions precedent and covenants have been complied with.
Appears in 1 contract
Samples: Execution (Lear Corp /De/)
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the Trustee, at the Trustee’s request: (1a) an Officers’ Certificate (which shall include the statements set forth in Section 10.0512.05) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; with and (iib) an Opinion of Counsel (which shall include the statements set forth in Section 10.0512.05) stating that, in the opinion of such counsel, all such conditions precedent and covenants provided for in this Indenture relating to the proposed action have been complied with.
Appears in 1 contract
Samples: Indenture (Birds Eye Foods, Inc.)
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take or refrain from taking any action under this Indenture, the Company shall furnish to the Trustee: (1) an Officers’ Officer’s Certificate (which shall include the statements set forth in Section 10.0517.05 hereof) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; and (ii2) an Opinion of Counsel (which shall include the statements set forth in Section 10.0517.05 hereof) stating that, in the opinion of such counsel, all such conditions precedent and covenants covenants, if any, have been complied with.
Appears in 1 contract
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the Trustee: (1i) an Officers’ ' Certificate (which shall include the statements set forth in Section 10.05) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; and (ii) an Opinion of Counsel (which shall include the statements set forth in Section 10.05) stating that, in the opinion of such counsel, all such conditions precedent and covenants have been complied with.
Appears in 1 contract
Samples: Indenture (Lear Corp /De/)
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the Trustee: (1a) an Officers’ Certificate (which shall include the statements set forth in Section 10.0511.03 hereof) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; and (iib) an Opinion of Counsel (which shall include the statements set forth in Section 10.0511.03 hereof) stating that, in the opinion of such counsel, all such conditions precedent and covenants have been complied with.. 93
Appears in 1 contract
Samples: Indenture (TransDigm Group INC)
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company (or any other obligor upon the Notes) to the Trustee to take any action under this Indenture, the Company (or such other obligor) shall furnish to the Trustee: (1) an Officers’ ' Certificate (which shall include the statements set forth in Section 10.0512.5) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; and (ii2) an Opinion of Counsel (which shall include the statements set forth in Section 10.0512.5) stating that, in the opinion of such counsel, all such conditions precedent and covenants have been complied with. SECTION 12.5.
Appears in 1 contract
Samples: Metrocall Inc
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee trustee to take any action under this Indentureindenture, the Company shall furnish to the Trusteetrustee: (1i) an Officers’ ' Certificate (which shall include the statements set forth in Section 10.05) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture indenture relating to the proposed action have been complied with; and (ii) an Opinion of Counsel (which shall include the statements set forth in Section 10.05) stating that, in the opinion of such counsel, all such conditions precedent and covenants have been complied with.
Appears in 1 contract
Samples: Indenture (Lear Corp /De/)
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the Trustee: (1a) an Officers’ Officers Certificate (which shall include the statements set forth in Section 10.0512.05) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; and (iib) an Opinion of Counsel (which shall include the statements set forth in Section 10.0512.05) stating that, in the opinion of such counsel, all such conditions precedent and covenants provided for in this Indenture relating to the proposed action have been complied with.
Appears in 1 contract
Samples: Young Broadcasting Inc /De/
Certificate and Opinion as to Conditions Precedent. Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the Trustee: (1) an Officers’ ' Certificate (which shall include the statements set forth in Section 10.05) stating that, in the opinion of the signers, all conditions precedent and covenants, if any, provided for in this Indenture relating to the proposed action have been complied with; and (ii) an Opinion of Counsel (which shall include the statements set forth in Section 10.05) stating that, in the opinion of such counsel, all such conditions precedent and covenants have been complied with.
Appears in 1 contract
Samples: Nastech Pharmaceutical Co Inc