Common use of Certificates of the Trustee Clause in Contracts

Certificates of the Trustee. In the event that the Issuer wishes to release Collateral in accordance with this Indenture, the Security Documents and the Intercreditor Agreement at a time when the Trustee is not itself also the Collateral Agent and the Issuer has delivered the certificates and documents required by the Security Documents and Section 10.03 hereof, if TIA § 314(d) is applicable to such releases (the applicability of which will be established to the reasonable satisfaction of the Trustee pursuant to Section 10.04 or otherwise), the Trustee will determine whether it has received all documentation required by TIA § 314(d) in connection with such release (which determination may be based upon the Opinion of Counsel hereafter described) and, based on an Opinion of Counsel pursuant to Section 12.04, will deliver a certificate to the Collateral Agent setting forth such determination. The Trustee, however, shall have no duty to confirm the legality, genuineness, accuracy, contents or validity of such documents (or any signature appearing therein), its sole duty being to certify its receipt of such documents which, on their face (and assuming that they are what they purport to be), conform to § 314(d) of the TIA.

Certificates of the Trustee. In the event that the Issuer wishes to release Collateral in accordance with this Indenture, the Security Documents Intercreditor Agreement and the Intercreditor Agreement at a time when the Trustee is not itself also the other Collateral Agent Documents and the Issuer has delivered the certificates and documents required by the Security Collateral Documents and Section 10.03 11.03 hereof, if TIA § 314(d) of the Trust Indenture Act is applicable to such releases (the applicability of which will shall be established to the reasonable satisfaction of the Trustee pursuant to Section 10.04 11.04 hereof or otherwise), the Trustee will shall determine whether it has received all documentation required by TIA § 314(d) of the Trust Indenture Act in connection with such release (which determination may be based upon the Opinion of Counsel hereafter described) and, based on an Opinion of Counsel pursuant to Section 12.0413.04 hereof, will shall deliver a certificate to the Collateral Agent setting forth such determination. The Trustee, however, shall have no duty to confirm the legality, genuineness, accuracy, contents or validity of such documents (or any signature appearing therein), its sole duty being to certify its receipt of such documents which, on their face (and assuming that they are what they purport to be), conform to § 314(d) of the TIATrust Indenture Act.

Certificates of the Trustee. In the event that the Issuer Company wishes to release Collateral in accordance with this Indenture, the Security Documents and the Intercreditor Agreement at a time when the Trustee is not itself also the Notes Collateral Agent and the Issuer Company has delivered the certificates and documents required by the Security Documents and Section 10.03 1403 hereof, if TIA § 314(d) is applicable to such releases (the applicability of which will be established to the reasonable satisfaction of the Trustee pursuant to Section 10.04 or otherwiseTrustee), the Trustee will determine whether it has received all documentation required by TIA § 314(d) in connection with such release (which determination may be based upon the Opinion of Counsel hereafter described) and, based on an Opinion of Counsel pursuant to Section 12.04102, will deliver a certificate to the Notes Collateral Agent setting forth such determination. The Trustee, however, shall have no duty to confirm the legality, genuineness, accuracy, contents or validity of such documents (or any signature appearing therein), its sole duty being to certify its receipt of such documents which, on their face (and assuming that they are what they purport to be), conform to § 314(d) of the TIA.

Certificates of the Trustee. In the event that the Issuer wishes to release Collateral in accordance with this Indenture, the Security Documents and the Intercreditor Agreement at a time when the Trustee is not itself also the Noteholder Collateral Agent and the Issuer has delivered the certificates and documents required by the Security Documents and Section 10.03 hereof, if TIA § 314(d) is applicable to such releases (the applicability of which will be established to the reasonable satisfaction of the Trustee pursuant to Section 10.04 or otherwise), the Trustee will determine whether it has received all documentation required by TIA § 314(d) in connection with such release (which determination may be based upon the Opinion of Counsel hereafter described) and, based on an Opinion of Counsel pursuant to Section 12.04, will deliver a certificate to the Noteholder Collateral Agent setting forth such determination. The Trustee, however, shall have no duty to confirm the legality, genuineness, accuracy, contents or validity of such documents (or any signature appearing therein), its sole duty being to certify its receipt of such documents which, on their face (and assuming that they are what they purport to be), conform to § 314(d) of the TIA.

Certificates of the Trustee. In the event that the Issuer Company wishes to release Collateral in accordance with this Indenture, the Security Collateral Documents and the Intercreditor Agreement at a time when the Trustee is not itself also the Collateral Agent and the Issuer Company has delivered the certificates and documents required by the Security Collateral Documents and Section 10.03 11.3 hereof, if TIA § 314(d) is applicable to such releases (the applicability of which will be established to the reasonable satisfaction of the Trustee pursuant to Section 10.04 or otherwiseTrustee), the Trustee will determine whether it has received all documentation required by TIA § 314(d) in connection with such release (which determination may be based upon the Opinion of Counsel hereafter described) and, based on an Opinion of Counsel pursuant to Section 12.04Sections 12.4 and 12.5, will deliver a certificate to the Collateral Agent setting forth such determination. The Trustee, however, shall have no duty to confirm the legality, genuineness, accuracy, contents or validity of such documents (or any signature appearing therein), its sole duty being to certify its receipt of such documents which, on their face (and assuming that they are what they purport to be), conform to TIA § 314(d) of the TIA).

Certificates of the Trustee. In the event that the Issuer wishes Co-Issuers wish to release Collateral in accordance with this Indenture, the Security Documents and the Intercreditor Agreement at a time when the Trustee is not itself also the Collateral Agent and the Issuer has Co-Issuers have delivered the certificates and documents required by the Security Documents and Section 10.03 12.03 hereof, if TIA § 314(d) is applicable to such releases release (the applicability of which will be established to the reasonable satisfaction of the Trustee pursuant to Section 10.04 or otherwiseTrustee), the Trustee will shall determine whether it has received all documentation required by TIA § 314(d) in connection with such release (which determination may be based upon the Opinion of Counsel hereafter described) and, based on an Opinion of Counsel pursuant to Section 12.04102 of the Base Indenture, will shall deliver a certificate to the Collateral Agent setting forth such determination. The Trustee, however, shall have no duty to confirm the legality, genuineness, accuracy, contents or validity of such documents (or any signature appearing therein), its sole duty being to certify its receipt of such documents which, on their face (and assuming that they are what they purport to be), conform to § 314(d) of the TIA.

Certificates of the Trustee. In the event that the Issuer Company wishes to release Collateral in accordance with this Indenture, the Security Collateral Documents and the Intercreditor Agreement at a time when the Trustee is not itself also the Collateral Agent Agreements and the Issuer Company has delivered the certificates and documents required by the Security Collateral Documents and Section 10.03 hereof, if TIA § 314(d) of the Trust Indenture Act is applicable to such releases (the applicability of which will be established to the reasonable satisfaction of the Trustee pursuant to Section 10.04 hereof or otherwise), the Trustee will shall determine whether it has received all documentation required by TIA § 314(d) of the Trust Indenture Act in connection with such release (which determination may be based upon the Opinion of Counsel hereafter described) and, based on an Opinion of Counsel pursuant to Section 12.0414.04 hereof, will deliver a certificate to the Notes/Term Collateral Agent setting forth such determination. The Trustee, however, shall have no duty to confirm the legality, genuineness, accuracy, contents or validity of such documents (or any signature appearing therein), its sole duty being to certify its receipt of such documents which, on their face (and assuming that they are what they purport to be), conform to § 314(d) of the TIATrust Indenture Act.