Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 23 contracts
Samples: Texas Utilities (Texas Utilities Co /Tx/), Indenture (Texas Utilities Electric Co), Texas Utilities (Texas Utilities Co /Tx/)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureAgreement, upon any application or request by the Company to the Trustee Purchase Contract Agent to take any action under in accordance with any provision of this IndentureAgreement, the Company shall, if requested by the Trustee, shall furnish to the Trustee Purchase Contract Agent an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Purchase Contract Agent, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement shall include:
Appears in 20 contracts
Samples: Purchase Contract Agreement (Williams Companies Inc), Purchase Contract Agreement (International Paper Co /New/), Purchase Contract Agreement (Georgia Pacific Corp)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 11 contracts
Samples: Entergy Mississippi Inc, Indenture (Union Electric Co), Indenture (Ies Utilities Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 11 contracts
Samples: Indenture (Allete Capital Iii), Indenture (National Fuel Gas Co), Indenture (DPL Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 11 contracts
Samples: Indenture (Mgic Investment Corp), Trust Indenture (Safeco Corp), Trust Indenture (Safeco Corp)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if anyany (including any covenants the compliance with which constitutes a condition precedent, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, any (including any covenants the compliance with which constitutes a condition precedent) have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 10 contracts
Samples: Satisfaction And (Landrys Seafood Restaurants Inc), Indenture (Veritas DGC Inc), Indenture (Transocean Sedco Forex Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon (a) Upon any application or request by the Company Issuer to the Indenture Trustee to take any action under any provision of this IndentureIndenture or any Supplement, the Company shall, if requested by the Trustee, Issuer shall furnish to the Indenture Trustee an Officer's Certificate a certificate stating that all conditions precedent, if any, provided for in this Indenture and any relevant Supplement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if deemed reasonably necessary by the Indenture Trustee or if required pursuant to the terms of this Indenture, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 10 contracts
Samples: Management Agreement (Textainer Group Holdings LTD), Intercreditor Collateral Agreement (CAI International, Inc.), Intercreditor Collateral Agreement (CAI International, Inc.)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than pursuant to Section 1008(a)) shall include:
Appears in 10 contracts
Samples: Indenture (Entertainment Inc), Indenture (Entertainment Inc), Indenture (Entertainment Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company Issuer to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, Issuer shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (including certificates delivered pursuant to Section 1011) shall include:
Appears in 10 contracts
Samples: Indenture (Evans Withycombe Residential Lp), Indenture (Rait Investment Trust), Indenture (Equity Office Properties Trust)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shallCompany, if requested by the Trustee, Guarantors and any other obligor on the Notes will furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) relating to the proposed action have been complied with with, and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents documents, certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall will include:
Appears in 9 contracts
Samples: Indenture (Saks Inc), Indenture (Saks Inc), Indenture (Saks Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, furnish to the Trustee an Officer's Certificate stating that in the opinion of the Authorized Officer executing such Officer's Certificate all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 9 contracts
Samples: Indenture (Txu Corp /Tx/), Indenture (Txu Energy Co LLC), Indenture (Txu Corp /Tx/)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, any (including any covenants the compliance with which constitutes a condition precedent provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, any (including any covenants the compliance with which constitutes a condition precedent) have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 9 contracts
Samples: Indenture (Key Energy Services Inc), Indenture (Grey Wolf Inc), Indenture (Grey Wolf Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Issuer to the Trustee to take or refrain from taking any action under any provision this Indenture (except that an Opinion of this IndentureCounsel shall not be provided in connection with an initial issuance), the Company shall, if requested by the Trustee, Issuer shall furnish to the Trustee an Officer's ’s Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 9 contracts
Samples: Indenture (PennyMac Financial Services, Inc.), Supplemental Indenture (Mr. Cooper Group Inc.), Supplemental Indenture (Mr. Cooper Group Inc.)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if anyany (including any covenants the compliance with which constitutes a condition precedent), provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if anyany (including any covenants the compliance with which constitutes a condition precedent), have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 8 contracts
Samples: Indenture (Ensco International Inc), Indenture (Stewart Enterprises Inc), Pride Petroleum Services Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents document is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 7 contracts
Samples: Indenture (Thermotrex Corp), Thermo Electron Corp, Thermo Electron Corp
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's ’s Certificate or a Guarantor’s Officer’s Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 6 contracts
Samples: Indenture (Assured Guaranty US Holdings Inc.), Indenture (Assured Guaranty LTD), Assured Guaranty (Assured Guaranty US Holdings Inc.)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Certificate stating that in the opinion of the Authorized Officer executing such Officer's Certificate all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 6 contracts
Samples: Trust Agreement (Allete Capital Iii), Mdu Resources Group Inc, Mdu Resources Group Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Certificate or a Guarantor's Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 6 contracts
Samples: Indenture (Delhaize America Inc), Trenwick America Capital Trust Iii, Ace Ina Holdings Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, other than an action permitted by Sections 614 and 704 hereof, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 6 contracts
Samples: Public Service Co of Colorado, Public Service Co of Colorado, Public Service Co of Colorado
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, such action is authorized or permitted by this Indenture and that all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 6 contracts
Samples: Junior Subordinated Indenture (Partnerre LTD), Indenture (PartnerRe Finance B LLC), Indenture (Partnerre LTD)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by and the Trustee, Guarantor shall each furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 5 contracts
Samples: Pp&l Capital Funding Trust I, Pp&l Capital Funding Inc, Pp&l Capital Funding Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion by or on behalf of the Company with respect to compliance with a condition or covenant provided for in this Indenture Indenture, except for certificates provided for in Section 10.9, shall include:
Appears in 5 contracts
Samples: United States Surgical Corp, Sun Healthcare Group Inc, Sun Healthcare Group Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this IndentureIndenture that requires that the Company comply with any conditions precedent before the Trustee shall take such action, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel Counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 5 contracts
Samples: Indenture (Tampa Electric Co), Indenture (Teco Energy Inc), Indenture (Tampa Electric Co)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion (other than the certificates required by Section 4.05(a) hereof) with respect to compliance with a condition or covenant provided for in this Indenture shall comply with the provisions of TIA 314(e) and shall include:
Appears in 4 contracts
Samples: Indenture (Decisionone Corp /De), Assumption Agreement (Quaker Holding Co), Decisionone Corp /De
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if anyany (including any covenants the compliance with which constitutes a condition precedent), provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if anyany (including any covenants the compliance with which constitutes a condition precedent), have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 4 contracts
Samples: Indenture (Iveda Solutions, Inc.), Indenture (Creatd, Inc.), Esports Entertainment (Esports Entertainment Group, Inc.)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, such action is authorized or permitted by this Indenture and that all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 4 contracts
Samples: Indenture (Partnerre LTD), Indenture (Partnerre LTD), Partnerre LTD
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureAgreement, upon any application or request by the Company to the Trustee Purchase Contract Agent to take any action under any provision of this IndentureAgreement, the Company shall, if requested by the Trustee, shall furnish to the Trustee Purchase Contract Agent an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Purchase Contract Agent, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement (other than the Officers' Certificate provided for in Section 10.05) shall include:
Appears in 4 contracts
Samples: Purchase Contract Agreement (Oneok Inc /New/), Purchase Contract Agreement (Oneok Inc /New/), Purchase Contract Agreement (PNM Resources Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel such action is authorized or permitted by this Indenture and that all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 4 contracts
Samples: Platinum Underwriters Holdings LTD, Platinum Underwriters Holdings LTD, Platinum Underwriters Holdings LTD
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, any (including any covenants the compliance with which constitutes a condition precedent) provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, any (including any covenants the compliance with which constitutes a condition precedent) have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 4 contracts
Samples: Indenture (HCC Insurance Holdings Inc/De/), Satisfaction And (Landrys Seafood Restaurants Inc), Satisfaction And (Midcoast Energy Resources Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by shall furnish to the Trustee, furnish to the Trustee extent required by the TIA or this Indenture, (i) an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant, compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and (ii) an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 4 contracts
Samples: Basin Exploration Inc, Cross Timbers Oil Co, Hs Resources Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by and each other obligor on the Trustee, Securities shall furnish to the Trustee an Officer's Officers' Certificate in a form and substance reasonably acceptable to the Trustee stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel in a form and substance reasonably acceptable to the Trustee stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents any certificates and/or opinions is specifically required by any provision of this Indenture Indenture, relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 4 contracts
Samples: Indenture (Bally Total Fitness Holding Corp), Di Giorgio Corp, Bally Total Fitness Holding Corp
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, where appropriate as to matters of law, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 4 contracts
Samples: Indenture (Arch Capital Group Ltd.), Arch Capital (Arch Capital Group Ltd.), Arch Capital Group (Arch Capital Group Ltd.)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, where appropriate as to matters of law, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 3 contracts
Samples: Xl Capital LTD, Xl Capital LTD, Xl Capital LTD
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Certificate Issuer to the Certificate Trustee to take any action under any provision of this Certificate Indenture, the Company shall, if requested by the Trustee, Certificate Issuer shall furnish to the Certificate Trustee an Officer's ’s Certificate stating that that, in the opinion of the signer thereof, all conditions precedent, if any, provided for in this Certificate Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Certificate Trustee, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Certificate Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Certificate Indenture shall include:
Appears in 3 contracts
Samples: Section Indenture (OE Funding LLC), Section Indenture (OE Funding LLC), Section Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Certificate of the Company or the Guarantor, as applicable, stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 3 contracts
Samples: Funding Agreement (Elan Corp PLC), Indenture (Elan Corp PLC), Limited Waiver (Elan Corp PLC)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, and any other obligor on the Securities (if requested by the Trustee, applicable) shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with with, and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents certificates or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 3 contracts
Samples: Indenture (Park Place Entertainment Corp), Park Place Entertainment Corp, Park Place Entertainment Corp
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, furnish to the Trustee an Officer's Certificate stating that in the opinion of the Person signing such Officer's Certificate all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 3 contracts
Samples: Indenture (Nice Systems LTD), Nice Systems LTD, Txu Australia Holdings Partnership L P
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company Issuer to the Trustee to that the Trustee take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, Issuer shall furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if so requested by the Trustee, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such particular application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 3 contracts
Samples: Guarantee Agreement (Somerset Power LLC), Indenture (NRG Energy Inc), Northeast Generation Co
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureWarrant Agreement, upon any application or request by the Company or the Trust, as applicable, to the Trustee Warrant Agent to take any action under in accordance with any provision of this IndentureWarrant Agreement, the Company shallor the Trust, if requested by the Trusteeas applicable, shall furnish to the Trustee Warrant Agent an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture Warrant Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Warrant Agent, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Warrant Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Warrant Agreement shall include:
Appears in 3 contracts
Samples: Warrant Agreement (New York Community Bancorp Inc), Warrant Agreement (New York Community Capital Trust I), Warrant Agreement (New York Community Bancorp Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Issuer or the Guarantors to the Trustee to take any action under any provision of this Indenture, the Company shallIssuer or the Guarantors, if requested by or both, as the Trusteecase may be, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (except for certificates provided for in Section 1005) shall include:
Appears in 3 contracts
Samples: Senior Note Indenture (Agco Corp /De), Subordinated Note Indenture (AGCO International GmbH), Senior Note Indenture (AGCO International GmbH)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Montana Power Co /Mt/, Montana Power Capital I
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by and the Trustee, Guarantor each shall furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except it being understood that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Indenture (Dqe Capital Corp), Dqe Capital Corp
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, any (including any covenants the compliance with which constitutes a condition precedent) provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, any (including any covenants the compliance with which constitutes a condition precedent) have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Indenture (FMC Technologies Inc), Indenture (TechnipFMC PLC)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company any Indenture Obligor to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, such Indenture Obligor shall furnish to the Trustee an Officer's Certificate Officers' Certificate, in form and substance satisfactory to the Trustee, stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents documents, certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Security Agreement (Pioneer Companies Inc), Pioneer Companies Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Issuer or the Partnership to the Trustee to take any action under any provision of this Indenture, the Company shallIssuer, if requested by the Trustee, Partnership and any other obligor on the Senior Notes shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with with, and an Opinion of Counsel stating to the effect that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents any certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate Officers' Certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Trumps Castle Associates Lp, Trumps Castle Associates Lp
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company or any Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallCompany, if requested by any Guarantor and any other obligor on the Trustee, Securities shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and with, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents documents, certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: First Supplemental Indenture (Styrochem International LTD), Styrochem International Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by and the TrusteeGuarantor shall each, furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Household International Netherlands Bv, Household International Netherlands Bv
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantors to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantors, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Certificate or a Guarantors' Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Indenture (FCC Acquisitions Corp), Performance Materials I Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel such action is authorized or permitted by this Indenture and that all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureAgreement, upon any application or request by the Company to the Trustee Purchase Contract Agent to take any action under any provision of this IndentureAgreement, the Company shall, if requested by the Trustee, shall furnish to the Trustee Purchase Contract Agent an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Purchase Contract Agent, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, such action is authorized or permitted by this Agreement and that all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement shall include:
Appears in 2 contracts
Samples: Purchase Contract Agreement (Xl Capital LTD), Purchase Contract Agreement (Xl Capital LTD)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company or any Subsidiary Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, and/or such Subsidiary Guarantor shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Indenture (Primero Gas Marketing Co Inc), Primero Gas Marketing Co Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, where applicable in conjunction with this Indenture, shall comply with the requirements set forth in the Trust Indenture shall includeAct, including, but not necessarily limited to:
Appears in 2 contracts
Samples: Indenture (Noble Affiliates Inc), Noble Affiliates Inc
Compliance Certificates and Opinions. Except as ------------------------------------- otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if anyany (including any covenants the compliance with which constitutes a condition precedent), provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if anyany (including any covenants the compliance with which constitutes a condition precedent), have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Indenture (National Service Industries Inc), Indenture (National Service Industries Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Indenture (PPL Capital Funding Inc), PPL Corp
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shallCompany, if requested by any Guarantor and any other obligor on the Trustee, Securities of any series shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents documents, certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Note (Capital Automotive Reit), Reconciliation And (Capital Automotive Reit)
Compliance Certificates and Opinions. (a) Except as otherwise expressly provided in this IndentureTrust Agreement, upon any application or request by the Company Depositor to the any Trustee to take any action under any provision of this IndentureTrust Agreement, the Company Depositor shall, if requested by the such Trustee, furnish to the such Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture Trust Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Trust Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 2 contracts
Samples: Trust Agreement (Montana Power Capital I), Trust Agreement (Montana Power Co /Mt/)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureAgreement, upon any application or request by the Company to the Trustee Agent or Collateral Agent to take any action under any provision of this IndentureAgreement, the Company shallCompany, if requested by the Trusteeas applicable, shall furnish to the Trustee Agent or Collateral Agent an Officer's ’s Certificate of the Company and, if relevant, of the Guarantor, stating that all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel of the Company and, if relevant, of the Guarantor stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement shall include:
Appears in 2 contracts
Samples: Unit Agreement (Morgan Stanley Finance LLC), Unit Agreement (Morgan Stanley Capital Trust Iv)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Certificate (upon which the Trustee may conclusively rely to take such requested action) stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel (upon which the Trustee may conclusively rely to take such requested action) stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Trust Indenture (Aes Red Oak LLC), Power Purchase Agreement (Aes Ironwood LLC)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than pursuant to Section 1005) shall include:
Appears in 2 contracts
Samples: Indenture (Deere & Co), Indenture (DEERE FUNDING CANADA Corp)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company or the Guarantor, as the case may be, shall, if requested by the Trustee, furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnishedfurnished except as specifically contemplated by such provision of this Indenture. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Agl Capital Trust Iii, Agl Resources Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shallCompany, if requested by any Guarantor and any other obligor on the Trustee, Securities shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents documents, certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Lease Agreement (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's ’s Certificate stating that in the opinion of the Authorized Officer executing such Officer’s Certificate all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Duke Energy Ohio, Inc., Duke Energy Ohio, Inc.
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request quest by the Company Issuer to the Trustee to take or refrain from taking any action under any provision this Indenture (other than the issuance of this Indenturethe Initial Notes), the Company shall, if requested by the Trustee, Issuer shall furnish to the Trustee an Officer's Officers’ Certificate in a form satisfactory to the Trustee stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel in a form satisfactory to the Trustee stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's ’s Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than pursuant to Section 1008) shall include:
Appears in 1 contract
Samples: CBS Corp
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, furnish to the Trustee an Officer's Officers’ Certificate stating that in the opinion of the Authorized Officer executing such Officers’ Certificate all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: Indenture (United Natural Foods Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or any Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor such Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officers' Certificate or a Guarantor's Officer's Certificate Certificate, as the case may be, stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: Indenture (Cintas Corp)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except provided that in the case of any such application or request as to which the furnishing of such documents or either of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee Trustees to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee Trustees, to the extent required by the Trust Indenture Act, an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and and, if requested by the Trustee, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: Taseko Mines LTD
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shallCompany, if requested by the Trustee, Guarantors and any other obligor on the Notes will furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) relating to the proposed action have been complied with with, and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents documents, certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall will include:
Appears in 1 contract
Samples: Saks Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Issuer to the Trustee to take or refrain from taking any action under any provision this Indenture (except that an Opinion of this IndentureCounsel shall not be provided in connection with an initial issuance), the Company shall, if requested by the Trustee, Issuer shall furnish to the Trustee an Officer's ’s Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:: ‑56‑
Appears in 1 contract
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this IndentureIndenture or the Pledge Agreement, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture or the Pledge Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than pursuant to Section 1008(a)) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shallCompany, if requested by each Subsidiary Guarantor and any other obligor on the Trustee, Notes will furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) relating to the proposed action have been complied with with, and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents documents, certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall will include:
Appears in 1 contract
Samples: Indenture (Wam Net Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's ’s Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: Florida Power & Light Co
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent (including covenants compliance with which constitutes a condition precedent), if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel counsel, all such conditions precedent (including covenants compliance with which constitutes a condition precedent), if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:,
Appears in 1 contract
Samples: Subordinated Debt Securities Indenture (Cullen/Frost Bankers, Inc.)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Issuer to the Trustee or any Paying Agent to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, Issuer shall furnish to the Trustee or the Paying Agent, as the case may be, an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and if required hereunder, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (excluding certificates provided for in Section 10.6) shall includeinclude a:
Appears in 1 contract
Samples: Indenture (Wind River Systems Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take or refrain from taking any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Certificate Officers' Certificate, in form and substance reasonably satisfactory to the Trustee, stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel Counsel, in form and substance reasonably satisfactory to the Trustee, stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: Polyphase Corp
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Issuer or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallIssuer or the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officers' Certificate or a Guarantor's Officer's Certificate Certificate, as the case may be, stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel Counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (including certificates delivered pursuant to Section 1006) shall include:
Appears in 1 contract
Samples: Mack Cali Realty L P
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's ’s Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than pursuant to Section 1005) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Issuer or the Guarantors to the Trustee for any series of Securities to take any action under any provision of this IndentureIndenture or any supplement hereto, the Company shallIssuer and/or the Guarantors, if requested by as the Trusteecase may be, shall furnish to the such Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with with, and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Back to Contents Every certificate (other than certificates provided pursuant to Section 1004) or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: Indenture (Brandywine Operating Partnership Lp /Pa)
Compliance Certificates and Opinions. Except as otherwise ------------------------------------ expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Certificate stating that that, or stating in the opinion of the signer thereof that, all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: Indenture (Firstenergy Corp)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by either of the Company Mobile Energy Parties or the IDB to the Trustee to take any action under any provision of this Indenture, the Company shallTrustee shall be entitled to receive, if requested by the Trusteeupon its request, furnish to the Trustee an Officer's Certificate of such Mobile Energy Party or the IDB (as the case may be) stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Holdings to the Trustee to take any action under any provision of this Indenture, Holdings and any other obligor on the Company shall, Discount Notes (if requested by the Trustee, applicable) shall furnish to the Trustee an Officer's Officers' Certificate in form and substance reasonably acceptable to the Trustee stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (including certificates provided pursuant to Section 1019(a)) shall include:
Appears in 1 contract
Samples: Details Capital Corp
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shalland, if requested by applicable, the TrusteeGuarantors, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Trustee, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion Any Officers' Certificate will comply with respect to compliance with a condition or covenant provided for in this Section 314(e) of the Trust Indenture shall include:Act.
Appears in 1 contract
Samples: Kinkos Partners, L.L.C.
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company Issuer or any Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, Issuer or such Guarantor shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: Indenture (Utilicorp United Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon (a) Upon any application or request by the Company Issuer to the Indenture Trustee to take any action under any provision of this IndentureBase Indenture or any Indenture Supplement, the Company shall, if requested by the Trustee, Issuer shall furnish to the Indenture Trustee (i) an Officer's Certificate stating that all conditions precedent, if any, provided for in this Base Indenture or such Indenture Supplement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and (ii) an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or requestBase Indenture, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Base Indenture or any Indenture Supplement shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically speci fically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: Texas Utilities Electric Co
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shallCompany, if requested by any Guarantor and any other obligor on the Trustee, Securities shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents documents, certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, and any Subsidiary Notes Guarantor and any other obligor on the Notes (if requested by the Trustee, applicable) shall furnish to the Trustee an Officer's Officers' Certificate in form and substance reasonably acceptable to the Trustee stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: Indenture (Citadel License Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent (including any covenants compliance with which constitutes a condition precedent), if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent (including any covenants compliance with which constitutes a condition precedent), if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: Texas Petrochemicals Lp
Compliance Certificates and Opinions. Except as otherwise expressly provided in or pursuant to this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate Each Officers' Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: Packaging Corp of America
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company or any Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, or any Guarantor shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: Indenture (Imax Corp)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Issuer or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallIssuer or the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officers' Certificate or a Guarantor's Officer's Certificate Certificate, as the case may be, stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel Counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnishedfinished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (including certificates delivered pursuant to Section 1006) shall include:
Appears in 1 contract
Samples: Mack Cali Realty Corp
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if anyany (including any covenants the compliance with which constitutes a condition precedent), provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if anyany (including any covenants the compliance with which constitutes a condition precedent), have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee (1) an Officer's Officers' Certificate stating that all conditions precedent, if anyany (including any covenants the compliance with which constitutes a condition precedent), provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with with; and (2) an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if anyany (including any covenants the compliance with which constitutes a condition precedent), have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: Indenture (L&c Spinco Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company or the Partnership to the Trustee to take any action under any provision of this Indenture, the Company shallor the Partnership, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such particular application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: Trust Indenture (Dynegy Inc /Il/)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureAgreement (including, for the avoidance of doubt, any action related to the separation of Units pursuant to Article 3 of this Agreement), upon any application or request by the Company to the Units Trustee to take any action under any provision of this IndentureAgreement, the Company shallCompany, if requested by the Trusteeas applicable, shall furnish to the Units Trustee an Officer's ’s Certificate stating that all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this IndentureIndenture that requires that the Company comply with any conditions precedent before the Trustee shall take such action, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Certificate Officers' Certificate, stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel Counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: California Water Service Group
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate Officer's Certificate or opinion Opinion of Counsel need be furnished. Every certificate Officer's Certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: Indenture (Laclede Capital Trust I)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this IndentureIndenture (other than the delivery of any Debt Security to the Trustee for authentication pursuant to Section 303), the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 1 contract
Samples: Indenture (M&i Capital Trust C)
