Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603, shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINE
Appears in 11 contracts
Sources: Indenture (Monsanto Co), Indenture (Precision Castparts Corp), Indenture (Monsanto Co)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603, shall may receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease or conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINE.
Appears in 9 contracts
Sources: Annual Report, Indenture (Nationwide Health Properties Inc), Indenture (Comdisco Inc)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 6.1 and 6036.3, shall may receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease or conveyance, transfer or lease, and any such assumptionassumption and any such supplemental indenture, if any, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant and that all conditions precedent herein provided relating to this Article. ARTICLE NINEsuch transactions have been complied with.
Appears in 6 contracts
Sources: Indenture (SPSS Inc), Subordinated Indenture (Gatx Capital Corp), Indenture (Gatx Financial Corp)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603Section 6.01, shall receive be provided with an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale or conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINEEight.
Appears in 6 contracts
Sources: Indenture (Kerr McGee Corp /De), Indenture (L 3 Communications Corp), Indenture (L 3 Communications Corp)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 6.1 and 6036.3, shall may receive an Officers' ’ Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease or conveyance, transfer or lease, and any such assumptionassumption and any such supplemental indenture, if any, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant and that all conditions precedent herein provided relating to this Article. ARTICLE NINEsuch transactions have been complied with.
Appears in 5 contracts
Sources: Indenture (Ambac Financial Group Inc), Indenture (Ambac Financial Group Inc), Indenture (Tenneco Inc)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603, Trustee shall receive and shall be entitled to rely upon an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease or conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant and that all conditions precedent herein provided for relating to this Articlesuch transaction have been complied with. ARTICLE NINE
Appears in 5 contracts
Sources: Indenture (Pep Boys Manny Moe & Jack), Indenture (Worldcom Inc /Ga/), Indenture (Level 3 Communications Inc)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603, shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINE.
Appears in 4 contracts
Sources: Indenture (Airtran Holdings Inc), Indenture (Sabre Holding Corp), Indenture (Integrated Circuit Systems Inc)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 Section 6.1 and 603Section 6.3, shall may receive an Officers' ’ Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease or conveyance, transfer or lease, and any such assumptionassumption and any such supplemental indenture, if any, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant and that all conditions precedent herein provided relating to this Article. ARTICLE NINEsuch transactions have been complied with.
Appears in 4 contracts
Sources: Indenture (UAG Chantilly AU, LLC), Indenture (Penske Automotive Group, Inc.), Indenture (United Nissan Inc / Tn)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603Section 6.02, shall may receive an Officers' ’ Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale or conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINEEight.
Appears in 3 contracts
Sources: Indenture (Ford Motor Co), Indenture (Ford Motor Co), Indenture (Ford Motor Co)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 6.1 and 6036.2, shall may receive and conclusively rely upon an Officers' ’ Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale or conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINEVIII.
Appears in 3 contracts
Sources: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603, shall may receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease or conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINE
Appears in 3 contracts
Sources: Subordinated Indenture (Valero Energy Corp/Tx), Indenture (Merrill Lynch Preferred Funding I Lp), Indenture (Comdisco Inc)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603, -------------------------------------------- Trustee shall receive and shall be entitled to rely upon an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease or conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant and that all conditions precedent herein provided for relating to this Articlesuch transaction have been complied with. ARTICLE NINE
Appears in 3 contracts
Sources: Indenture (Worldcom Inc /Ga/), Indenture (Level 3 Communications Inc), Indenture (Level 3 Communications Inc)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603, shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINENINE Supplemental Indentures
Appears in 3 contracts
Sources: Indenture (Monsanto Co), Indenture (Monsanto Co), Indenture (Gap Inc)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603, shall may receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such merger, consolidation, merger, sale or conveyance, transfer or lease, and any such assumptionassumption by the successor corporation, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINE
Appears in 3 contracts
Sources: Indenture (Old National Bancorp /In/), Subordinated Indenture (Onb Capital Trust Vi), Indenture (Onb Capital Trust Vi)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603Section 6.02, shall may receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale or conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINEEight.
Appears in 3 contracts
Sources: Indenture (Ford Motor Co), Indenture (Mpower Holding Corp), Indenture (Ford Motor Co)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603Section 6.01, shall receive be provided with an Officers' ’ Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale or conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINEEight.
Appears in 3 contracts
Sources: Subordinated Indenture (Cottonwood Land Co), Indenture (Peabody Energy Corp), Subordinated Indenture (Peabody Energy Corp)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603, shall may receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such merger, consolidation, merger, sale or conveyance, transfer or lease, and any such assumptionassumption by the successor entity, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINE.
Appears in 2 contracts
Sources: Indenture (American General Finance Inc), Senior Subordinated Indenture (American General Capital Iv)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 6.01 and 6036.03, shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINE.
Appears in 2 contracts
Sources: Indenture (Gap Inc), Indenture (Gap Inc)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603, shall receive an Officers' Certificate and an Opinion opinion of Counsel as conclusive evidence that any such consolidation, merger, conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINE
Appears in 2 contracts
Sources: Indenture (Owens Corning Capital Ii), Indenture (Owens Corning)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603, shall receive be provided with an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease or conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINE.
Appears in 2 contracts
Sources: Subordinated Indenture (Valero Energy Corp/Tx), Indenture (Valero Energy Corp/Tx)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603, shall may receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such merger, consolidation, merger, sale or conveyance, transfer or lease, and any such assumptionassumption by the successor corporation, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINE<PAGE> 62
Appears in 1 contract
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603, shall may receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease or conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINEArticle Nine Supplemental Indentures
Appears in 1 contract
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 6.1 and 6036.2, shall may receive and conclusively rely upon an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale or conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this ArticleVIII. ARTICLE NINEARTICLE
Appears in 1 contract
Sources: Indenture (McCormick & Co Inc)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603, shall may receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, conveyancesale, transfer assignment, transfer, lease, conveyance or leaseother disposition, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINE.
Appears in 1 contract
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 6.01 and 6036.03, shall receive be provided an Officers' Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale or conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINEEight.
Appears in 1 contract
Sources: Indenture (Ford Motor Credit Co LLC)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603, Trustee -------------------------------------------- shall receive and shall be entitled to rely upon an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease or conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant and that all conditions precedent herein provided for relating to this Articlesuch transaction have been complied with. ARTICLE NINE
Appears in 1 contract
Sources: Indenture (Mci Worldcom Inc)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 6.1 and 6036.2, shall may receive and rely upon an Officers' ’ Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale or conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINEVIII.
Appears in 1 contract
Sources: Indenture (McCormick & Co Inc)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 6.01 and 6036.03, shall receive an Officers' ’ Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINE.
Appears in 1 contract
Sources: Indenture (Syngenta Ag)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603Section 601, shall may receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease or conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINE.
Appears in 1 contract
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 6.01 and 6036.03, shall receive an Officers' ’ Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINE.
Appears in 1 contract
Sources: Indenture (Syngenta Finance N.V.)
Officers' Certificate and Opinion of Counsel. The Trustee, subject to the provisions of Sections 601 and 603, shall may receive an Officers' ’ Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale or conveyance, transfer or lease, and any such assumption, complies with the provisions of this Article before the Trustee shall execute any supplemental indenture required pursuant to this Article. ARTICLE NINEEight.
Appears in 1 contract