Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent), provided for in this Indenture 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 (including any covenants 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 (other than annual statements of compliance provided pursuant to Section 10.04) shall include:
Appears in 43 contracts
Samples: Indenture (Graphic Packaging Holding Co), Indenture (Bitfarms LTD), Indenture (Handschy Holdings, LLC)
Compliance Certificates and Opinions. Upon any application or request by the Company Company, any Owner Trustee or any Loan Trustee to the Trustee to take any action under any provision of this IndentureAgreement, the Company Company, such Owner Trustee or such Loan Trustee, as the case may be, shall furnish to the Trustee (i) an Officers’ Officer's Certificate stating that that, in the opinion of the signers, all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture Agreement relating to the proposed action have been complied with and (ii) an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance a certificate provided pursuant to Section 10.048.04(d)) shall include:
Appears in 15 contracts
Samples: Trust Agreement (Atlas Air Inc), Trust Agreement (Atlas Air Inc), Trust Agreement (Atlas Air Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent), provided for in this Indenture 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 (including any covenants 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 (other than annual statements of compliance provided pursuant to Section 10.04) shall include:
Appears in 12 contracts
Samples: Wendy (Wendy's/Arby's Group, Inc.), Wendy (Wendy's/Arby's Group, Inc.), HIVE Blockchain Technologies Ltd.
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer to the Trustee to take or refrain from taking any action under any provision of this Indenture, the Company Issuer shall furnish to the Trustee an Officers’ Officer’s Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and and, other than in connection with the addition of a new Guarantor or parent guarantor, an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance provided pursuant to Section 10.041008(a)) shall include:
Appears in 8 contracts
Samples: Supplemental Indenture (Entegris Inc), Supplemental Indenture (Engility Holdings, Inc.), Indenture (Aar Corp)
Compliance Certificates and Opinions. 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 furnish to the Trustee Trustees, to the extent required by the Trust Indenture Act, an Officers’ Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) 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 counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 (other than annual statements of compliance provided pursuant to Section 10.0411.04) shall include:
Appears in 7 contracts
Samples: Form of Indenture (Taseko Mines LTD), Form of Indenture (Baja Mining Corp.), Indenture (Energy Fuels Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any precedent (including any covenants compliance with which constitutes a condition precedent), if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any 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 (other than annual statements of compliance certificates provided pursuant to Section 10.0411.08) shall include:
Appears in 5 contracts
Samples: Indenture (Century Communications Corp), Indenture (Century Communications Corp), Century Communications Corp
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent), provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants 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 (other than annual statements of compliance provided pursuant to Section 10.04) shall include:
Appears in 4 contracts
Samples: Indenture (General Dynamics Corp), Invesco Mortgage Capital Inc., Invesco Mortgage Capital Inc.
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company or any obligor on the Securities shall furnish to the Trustee an Officers’ Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenants, compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 (other than certificates provided pursuant to Section 10.9) or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than annual statements of compliance provided pursuant to Section 10.04) shall include:
Appears in 4 contracts
Samples: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company or any obligor on the Securities shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenants, compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 (other than certificates provided pursuant to Section 10.9) or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than annual statements of compliance provided pursuant to Section 10.04) shall include:
Appears in 4 contracts
Samples: Indenture (McCormick & Co Inc), McCormick & Co Inc, Indenture (McCormick & Co Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company Issuers (an “Issuers’ Request”) to the Trustee to take any action under any provision of this Indenture, the Company Issuers shall furnish to the Trustee an Officers’ Certificate in form and substance reasonably acceptable to the Trustee stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 (other than annual statements of compliance certificates provided pursuant to Section 10.041016(a)) shall include:
Appears in 4 contracts
Samples: Mediacom Broadband (Mediacom Broadband Corp), Mediacom Broadband (Mediacom Broadband Corp), Mediacom Capital Corp
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer to the Trustee to take any action under any provision of this Indenture, the Company Issuer shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any precedent (including any covenants covenant compliance with which constitutes a condition precedent), if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any 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 (other than annual statements of compliance certificates provided pursuant to Section 10.0411.08) shall include:
Appears in 3 contracts
Samples: Indenture (Renaissance Centro Arlington, LLC), Indenture (Renaissance Centro Arlington, LLC), Indenture (Renaissance Centro Arlington, LLC)
Compliance Certificates and Opinions. Upon 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 furnish to the Trustee an Officers’ Officer’s Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture 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 (including any covenants compliance with which constitutes a condition precedent)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 or covenant provided for in this Indenture (other than annual statements of compliance provided a certificate delivered pursuant to Section 10.0410.6) shall include:
Appears in 3 contracts
Samples: Reconciliation And (Aptargroup, Inc.), Indenture (WaferGen Bio-Systems, Inc.), And (Delcath Systems Inc)
Compliance Certificates and Opinions. 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 Issuer and/or the Guarantors, as the case may be, shall furnish to the such Trustee an Officers’ Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture relating to the proposed action have been complied with with, and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 (other than certificates provided pursuant to Section 1004) or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than annual statements of compliance provided pursuant to Section 10.04) shall include:
Appears in 3 contracts
Samples: Indenture (Sovran Acquisition LTD Partnership), Indenture (CubeSmart, L.P.), Sovran Acquisition LTD Partnership
Compliance Certificates and Opinions. 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 furnish to the Trustee an Officers’ Officer’s Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and and, other than in connection with the addition of a new Guarantor or parent guarantor, an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance provided pursuant to Section 10.041008(a) of this Indenture shall include:
Appears in 3 contracts
Samples: Indenture (Kaiser Aluminum Corp), Indenture (Kaiser Aluminum Corp), Indenture (Kaiser Aluminum Corp)
Compliance Certificates and Opinions. 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 furnish to the Trustee an Officers’ Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and, other than in connection with the authentication and delivery of the Initial Notes, an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance provided pursuant to Section 10.041008(a) of this Indenture or Section 314(a)(4) of the TIA) shall include:
Appears in 3 contracts
Samples: Indenture (Kaiser Aluminum Corp), Supplemental Indenture (Aleris Ohio Management, Inc.), Supplemental Indenture (Aleris International, Inc.)
Compliance Certificates and Opinions. Upon Except as otherwise expressly provided by this Agreement, 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 furnish to the Trustee Purchase Contract Agent an Officers’ Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture Agreement relating to the proposed action have been complied with and and, if reasonably 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 (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance the Officers’ Certificate provided pursuant to for in Section 10.0410.05) shall include:
Appears in 3 contracts
Samples: Purchase Contract Agreement (Pmi Group Inc), Purchase Contract Agreement (Pmi Group Inc), Purchase Contract Agreement (Pmi Group Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company and the Subsidiary Guarantors to the Trustee to take any action under any provision of this Indenture, the Company and the Subsidiary Guarantors shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance provided pursuant to Section 10.041008(a)) shall include:
Appears in 3 contracts
Samples: Execution Copy (Burke Flooring Products Inc), Burke Industries Inc /Ca/, Burke Industries Inc /Ca/
Compliance Certificates and Opinions. 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 furnish to the Trustee an Officers’ Officer’s Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 (other than annual statements of compliance provided pursuant to Section 10.041004) shall include:
Appears in 3 contracts
Samples: Indenture (American Axle & Manufacturing Holdings Inc), Indenture (American Axle & Manufacturing Holdings Inc), Indenture (Sasol Financing USA LLC)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee Trustee, to the extent required by the Trust Indenture Act, an Officers’ ' Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) 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 counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 (other than annual statements of compliance provided pursuant to Section 10.0411.04) shall include:
Appears in 3 contracts
Samples: Uranium Energy Corp, Uranium Energy Corp, Uranium Energy Corp
Compliance Certificates and Opinions. 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 or such Guarantor, as the case may be, shall furnish to the Trustee an Officers’ Officer’s Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any any, have been complied with (including any covenants covenant 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 (other than annual statements of compliance except for certificates provided pursuant to for in Section 10.041004) shall include:
Appears in 3 contracts
Samples: Indenture (Blue Owl Capital Inc.), Indenture (Blue Owl Capital Inc.), Indenture (Blue Owl Capital Inc.)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee Trustee, to the extent required by the Trust Indenture Act, an Officers’ ' Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 (other than annual statements of compliance provided pursuant to Section 10.041004) shall include:
Appears in 2 contracts
Samples: Suncor Energy Inc, Suncor Energy Inc
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedentprecedent which relate, or to the extent they relate, to matters of law, if any (including any covenants compliance with which constitutes a condition precedent)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 (other than annual statements of compliance provided pursuant to Section 10.041004) shall include:
Appears in 2 contracts
Samples: Pacific Telesis Financing Iii, Pacific Telesis Financing Iii
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer or a Guarantor to the Trustee to take any action under any provision of this Indenture, the Company Issuer or a Guarantor shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any precedent (including any covenants compliance with which constitutes constitute a condition precedent), if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any 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 (other than annual statements of compliance certificates provided pursuant to Section 10.0411.08) shall include:
Appears in 2 contracts
Samples: Centennial Puerto Rico Operations Corp, Centennial Puerto Rico Operations Corp
Compliance Certificates and Opinions. 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 furnish to the Trustee an Officers’ Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture (including complying with any covenant to the extent that such compliance constitutes a condition precedent) relating to the proposed action have been complied with and, other than in connection with the authentication and delivery of the Initial Notes, an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance provided pursuant to Section 10.041008(a) of this Indenture) shall include:
Appears in 2 contracts
Compliance Certificates and Opinions. 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 furnish to the Trustee an Officers’ Officer's Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 (other than annual statements of compliance provided pursuant to Section 10.041004) shall include:
Appears in 2 contracts
Samples: American Axle & Manufacturing Holdings Inc, American Axle & Manufacturing Inc
Compliance Certificates and Opinions. Upon any application or request by the Company Company, any Owner Trustee or any Loan Trustee to the Trustee to take any action under any provision of this IndentureAgreement, the Company Company, such Owner Trustee or such Loan Trustee, as the case may be, shall furnish to the Trustee an Officers’ ' Certificate stating that that, in the opinion of the signers, all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture Agreement relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance a certificate provided pursuant to Section 10.048.04(d)) shall include:
Appears in 2 contracts
Samples: Pass Through Trust Agreement (Amtran Inc), Pass Through Trust Agreement (Amtran Inc)
Compliance Certificates and Opinions. Upon any application or ------------------------------------ request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ a Company Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture (including any covenants, compliance with which constitute conditions precedent) relating to the proposed action 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 (including any covenants compliance with which constitutes a condition precedent)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 (other than annual statements of compliance certificates provided pursuant to Section 10.041009) shall include:
Appears in 2 contracts
Samples: Security Capital U S Realty, Security Capital U S Realty
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent), provided for in this Indenture relating to the proposed action have been complied with and an Opinion opinion of Counsel stating that in the opinion of such Counsel all such conditions precedent, if any (including any covenants 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 (other than annual statements of compliance provided pursuant to Section 10.041004) shall include:
Appears in 2 contracts
Samples: Indenture (Neiman Marcus Group Inc), Neiman Marcus Group Inc
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ Officer's Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and in accordance with this Indenture and, except in respect of the initial issue of Securities hereunder, an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 (other than annual statements of compliance provided pursuant to Section 10.04) shall include:
Appears in 2 contracts
Samples: Indenture (Four Seasons Hotels Inc), Four Seasons Hotels Inc
Compliance Certificates and Opinions. Upon any application or request by the Company or 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 furnish to the Trustee an Officers’ Certificate or Guarantor’s Officers’ Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance provided including certificates delivered pursuant to Section 10.0410.08) shall include:
Appears in 2 contracts
Samples: Boston Properties LTD Partnership, Boston Properties LTD Partnership
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer to the Trustee to take any action under any provision of this Indenture, the Company Issuer shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and an Opinion of Counsel stating 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 (including any covenants compliance with which constitutes a condition precedent)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 9.18(a)) with respect to compliance with a condition or covenant provided for in this Indenture (other than annual statements of compliance provided pursuant to Section 10.04) shall include:
Appears in 2 contracts
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any precedent (including any covenants covenants, compliance with which constitutes a condition precedent), if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any precedent (including any covenants compliance with which constitutes constitute 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 delivered with respect to compliance with a condition or covenant provided for in this Indenture (other than annual statements of compliance the certificate provided pursuant to Section 10.041004) shall include:
Appears in 2 contracts
Samples: Expenses and Liabilities (Amerus Capital I), Indenture (Vib Corp)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any precedent (including any covenants compliance with which constitutes a condition precedent), if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any 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 (other than annual statements of compliance the certificates provided pursuant to Section 10.041004) shall include:
Appears in 2 contracts
Samples: Indenture (Everest Re Capital Trust Iii), Indenture (Everest Re Group LTD)
Compliance Certificates and Opinions. 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 Issuer or such Guarantor shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any precedent (including any covenants covenant compliance with which constitutes a condition precedent), if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any 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 (other than annual statements of compliance certificates provided pursuant to Section 10.0411.08) shall include:
Appears in 2 contracts
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent), provided for in this Indenture 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 (including any covenants 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 (other than annual statements of compliance provided pursuant to Section 10.041004) shall include:
Appears in 2 contracts
Samples: Baker Hughes Inc, Baker Hughes Inc
Compliance Certificates and Opinions. 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 or such Subsidiary Guarantor, as the case may be, shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance provided pursuant to Section 10.041008(a)) shall include:
Appears in 1 contract
Samples: Breed Technologies Inc
Compliance Certificates and Opinions. 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 or such Guarantor, as the case may be, shall furnish to the Trustee an Officers’ Officer’s Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any any, have been complied with (including any covenants covenant 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 (other than annual statements of compliance except for certificates provided pursuant to for in Section 10.04) shall include:
Appears in 1 contract
Samples: Indenture (Blue Owl Capital Inc.)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent), provided for in this Indenture 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 (including any covenants 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 (other than annual statements of compliance provided pursuant to Section 10.0410.21) shall include:
Appears in 1 contract
Samples: Indenture (Time Warner Telecom Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with satisfied and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, have been complied withsatisfied, 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, including, without limitation, the certificate of authentication provided pursuant to Section 303, 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 (other than annual statements of compliance provided pursuant to Section 10.041004) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon any application or request by the Company and the Subsidiary Guarantors to the Trustee to take any action under any provision of this Indenture, the Company and the Subsidiary Guarantors shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance provided pursuant to Section 10.041008(a)) shall will include:
Appears in 1 contract
Samples: Ameristeel Corp
Compliance Certificates and Opinions. Upon 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 furnish to the Trustee an Officers’ Certificate ' Certificate, in form and substance reasonably satisfactory to the Trustee, stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture indenture relating to the proposed action 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 counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance certificates provided pursuant to Section 10.0412.02) shall include:
Appears in 1 contract
Samples: Indenture (Hubbell Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer to the Trustee to take any action under any provision of this Indenture, the Company Issuer shall furnish to the Trustee an Officers’ Certificate stating that all conditions precedent, if any precedent (including any covenants covenant compliance with which constitutes a condition precedent), if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any 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 (other than annual statements of compliance certificates provided pursuant to Section 10.0411.08) shall include:
Appears in 1 contract
Samples: About, Inc.
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer of or the Guarantors of any series of Securities to the Trustee to take any action under any provision of this IndentureIndenture or any supplement hereto, the Company Issuer and/or the Guarantors, as the case may be, shall furnish to the such Trustee an Officers’ Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture relating to the proposed action have been complied with with, and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 (other than certificates provided pursuant to Section 1004) or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than annual statements of compliance provided pursuant to Section 10.04) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent), provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants 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 (other than annual statements of compliance provided pursuant to Section 10.04) shall include:
Appears in 1 contract
Samples: Gulfstream Aerospace Corp
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and an Opinion of Counsel stating 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 (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance provided pursuant to Section 10.041007(a)) shall include:
Appears in 1 contract
Samples: Tembec Industries Inc
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this IndentureIndenture or any supplement hereto, the Company shall furnish to the Trustee an Officers’ Officer’s Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture relating to the proposed action have been complied with with, and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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; provided that no such Officer’s Certificate shall be required to be furnished in connection with the issuance or authentication of the Notes that are issued on the Issue Date. Every certificate (other than certificates provided pursuant to Section 10.03) or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than annual statements of compliance provided pursuant to Section 10.04) shall include:
Appears in 1 contract
Samples: Indenture (Terex Corp)
Compliance Certificates and Opinions. Upon any application or request by either of the Company Companies and/or the Guarantor to the Trustee to take any action under any provision of this Indenture, each of the Company Companies, as applicable, and the Guarantor shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture (including any covenant compliance 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 counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 (other than annual statements of compliance provided pursuant to Section 10.041004) shall include:
Appears in 1 contract
Samples: Us Industries Inc /De
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent), provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants 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 (other than annual statements of compliance provided pursuant to Section 10.041004) shall include:
Appears in 1 contract
Samples: Hillenbrand Industries Inc
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent), provided for in this Indenture 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 (including any covenants 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 (other than annual statements of compliance provided pursuant to Section 10.04) shall include:
Appears in 1 contract
Samples: Time Warner Inc
Compliance Certificates and Opinions. Upon Except as otherwise expressly provided by this Agreement, upon any application or request by the Company Issuers to the Trustee Purchase Contract Agent to take any action under in accordance with any provision of this IndentureAgreement, the Company Issuers shall furnish to the Trustee Purchase Contract Agent an Officers’ Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture Agreement relating to the proposed action 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 (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance the Officers’ Certificate provided pursuant to for in Section 10.0410.05) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon any application or request by the Company Company, an Issuer or any Guarantor to the Trustee to take any action under any provision of this Indenture, the Company Company, such Issuer or such Guarantor, as applicable, shall furnish to the Trustee an Officers’ Officer’s Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 (other than annual statements of compliance provided pursuant to Section 10.041004) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon any application or request by the Company to the any Trustee to take any action under any provision of this Indenture, the Company shall furnish to the such Trustee an Officers’ ' Certificate stating that all conditions precedent, if any precedent (including any covenants covenants, compliance with which constitutes a condition precedent), if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any precedent (including any covenants 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 (other than annual statements of compliance certificates provided pursuant to Section 10.041009) shall include:
Appears in 1 contract
Samples: Indenture (Fleet Capital Trust Ix)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture relating to the proposed action have been complied with and (except with respect to the initial issuance of the Securities, including, without limitation, the execution and delivery of the related supplemental indentures) an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 (other than annual statements of compliance provided pursuant to Section 10.041004) shall include:
Appears in 1 contract
Samples: Indenture (Schering Plough Corp)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall shall, if requested by the Trustee, furnish to the Trustee an Officers’ Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent), provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants 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 (other than annual statements of compliance provided pursuant to Section 10.04) shall include:
Appears in 1 contract
Samples: Gulfstream Aerospace Corp
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any precedent (including any covenants compliance with which constitutes a condition precedent), if any, provided for in this Indenture relating to the proposed action have been complied with and and, if reasonably requested by the Trustee, an Opinion opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any 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 (other than annual statements of compliance certificates provided pursuant to Section 10.0410.7) shall include:
Appears in 1 contract
Samples: Sierra Health Services Inc
Compliance Certificates and Opinions. Upon any application or request by the Company or any Guarantor, if any, to the Trustee to take any action under any provision of this Indenture, the Company or such Guarantor, as the case may be, shall furnish to the Trustee an Officers’ Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance provided pursuant to Section 10.0410.08(a)) shall include:
Appears in 1 contract
Samples: Indenture (Baytex Energy LTD)
Compliance Certificates and Opinions. Upon any application or request by the Company or the Indenture Trustee to the Trustee to take any action under any provision of this IndentureAgreement, the Company or the Indenture Trustee, as the case may be, shall furnish to the Trustee (i) an Officers’ Officer's Certificate stating that that, in the opinion of the signers, all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture Agreement relating to the proposed action have been complied with and (ii) an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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. 18 12 Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement (other than annual statements of compliance a certificate provided pursuant to Section 10.048.04(d)) shall include:
Appears in 1 contract
Samples: Trust Agreement (CMS Energy X Tras Pass Through Trust I)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee for any series of Securities to take any action under any provision of this Indenture, the Company or the Parent Guarantor shall furnish to the such Trustee an Officers’ Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture relating to the proposed action have been complied with with, and an Opinion of Counsel stating 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 (including any covenants compliance with which constitutes a condition precedent)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 (other than certificates provided pursuant to Section 10.5) or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than annual statements of compliance provided pursuant to Section 10.04) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon any application or request by the Company Company, any Lessor or LP&L to the Trustee to take any action under any provision of this Indenture, the Company Company, such Lessor or LP&L, as the case may be, shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance certificates provided pursuant to Section 10.0410.02 herein) shall include:
Appears in 1 contract
Samples: Participation Agreement (Louisiana Power & Light Co /La/)
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer to the Trustee to take or refrain from taking any action under any provision of this Indenture, the Company Issuer shall furnish to the Trustee an Officers’ Officer’s Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and and, other than in connection with the addition of a new Guarantor or parent guarantor, an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance provided pursuant to Section 10.0410.08(a)) shall include:
Appears in 1 contract
Samples: Supplemental Indenture (Apergy Corp)
Compliance Certificates and Opinions. 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 furnish to the Trustee an Officers’ Officer’s Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and and, other than in connection with the authentication of the Initial Notes, an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance provided pursuant to Section 10.041008(a)) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer or a Guarantor to the Trustee to take any action under any provision of this Indenture, the Company Issuer or a Guarantor shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any precedent (including any covenants compliance with which constitutes a condition precedent), if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any 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 (other than annual statements of compliance certificates provided pursuant to Section 10.0411.08) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ Officer’s Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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. The Trustee may conclusively rely and shall be fully protected in relying on such certificates and opinions. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than annual statements of compliance certificates provided pursuant to Section 10.04) 10.05, shall include:
Appears in 1 contract
Samples: Indenture (HSBC Holdings PLC)
Compliance Certificates and Opinions. Upon any application or request by the Company and the Subsidiary Guarantors to the Trustee to take any action under any provision of this Indenture, the Company and the Subsidiary Guarantors shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture (including any covenant compliance 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 counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance provided pursuant to Section 10.041008(a)) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any precedent (including any covenants compliance with which constitutes a condition precedent), if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any 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 (other than annual statements of compliance certificates provided pursuant to Section 10.045.10) shall include:
Appears in 1 contract
Samples: Indenture (Fleet Capital Trust Ix)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indentureindenture, the Company shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any precedent (including any covenants compliance with which constitutes constitute a condition precedent), if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any 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 (other than annual statements of compliance certificates provided pursuant to Section 10.0411.08) shall include:
Appears in 1 contract
Samples: Century Communications Corp
Compliance Certificates and Opinions. 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 furnish to the Trustee Trustees, to the extent required by the TIA, an Officers’ Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) 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 counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 (other than annual statements of compliance provided pursuant to Section 10.0411.04) shall include:
Appears in 1 contract
Samples: Indenture (Uranerz Energy Corp.)
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer, Group or Holdings to the Trustee to take any action under any provision of this Indenture, the Company Issuer, Group or Holdings, as the case may be, shall furnish to the Trustee an Officers’ Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)any, provided for in this Indenture relating to the proposed action have been complied with and and, if required by the Trust Indenture Act, an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance including certificates provided pursuant to for in Section 10.049.07) shall include:
Appears in 1 contract
Samples: Indenture (Shire PLC)
Compliance Certificates and Opinions. 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 or such Guarantor, as the case may be, shall furnish to the Trustee an Officers’ ' Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance provided pursuant to Section 10.041008(a)) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer to the Trustee to take or refrain from taking any action under any provision of this Indenture, the Company Issuer shall furnish to the Trustee an Officers’ Officer’s Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and and, other than in connection with the addition of a new Guarantor or parent guarantor, an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance provided pursuant to Section 10.041004(a)) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer to the Trustee to take or refrain from taking any action under any provision of this Indenture, the Company Issuer shall furnish to the Trustee an Officers’ Officer’s Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenant compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and and, other than in connection with the addition of a new Guarantor or parent guarantor, an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 annual statements of compliance provided pursuant to Section Section 10.04) shall include:
Appears in 1 contract
Samples: Indenture (GMS Inc.)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company or any obligor on the Securities shall furnish to the Trustee an Officers’ Certificate stating that all conditions precedent, if any any, provided for in this Indenture (including any covenants covenants, compliance with which constitutes a condition precedent), provided for in this Indenture ) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel all such conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent)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 (other than certificates provided pursuant to Section 10.7) or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than annual statements of compliance provided pursuant to Section 10.04) shall include:
Appears in 1 contract
Samples: Indenture (Colony Financial, Inc.)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers’ Certificate stating that all conditions precedent, if any (including any covenants compliance with which constitutes a condition precedent), provided for in this Indenture 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 (including any covenants compliance with which constitutes a condition precedent), have been complied with, except that in the case of any such application or request as to 7 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 annual statements of compliance provided pursuant to Section 10.04) shall include:
Appears in 1 contract
Samples: Dana Holding Corp
