Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may receive an Officers' Certificate and Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange or other disposition and any such assumption complies with the provisions of this Article Nine.
Appears in 11 contracts
Samples: Senior Indenture (Seagull Energy Corp), Belco Oil & Gas Corp, Ocean Energy Inc /La/
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article NineTwelve.
Appears in 11 contracts
Samples: Please Insert Social Security (Brocade Communications Systems Inc), Lease (Getty Images Inc), Kulicke and Soffa (Kulicke & Soffa Industries Inc)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' ’ Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article Nine12.
Appears in 10 contracts
Samples: Indenture (Mentor Graphics Corp), Indenture (Mentor Graphics Corp), Indenture (LTX Corp)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article NineXII.
Appears in 6 contracts
Samples: Indenture (Cke Restaurants Inc), Indenture (Amazon Com Inc), Indenture (Omnicom Group Inc)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 8.1 and 6.28.2, may shall receive an Officers' Officer's Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article NineXII.
Appears in 6 contracts
Samples: Indenture (Electroglas Inc), Indenture (Electroglas Inc), Indenture (General Electric Co)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article Nine12.
Appears in 5 contracts
Samples: Indenture (Lifepoint Hospitals, Inc.), Indenture (Mentor Graphics Corp), Indenture (Lifepoint Hospitals, Inc.)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' ’ Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article Nine11.
Appears in 5 contracts
Samples: Indenture (Nii Holdings Inc), Indenture (Nii Holdings Inc), Indenture (Airtran Airways Inc)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may shall receive an Officers' ’ Certificate and Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange or other disposition and any such assumption complies with the provisions of this Article Nine.. ARTICLE TEN LEGAL DEFEASANCE AND COVENANT DEFEASANCE
Appears in 5 contracts
Samples: Senior Indenture (Hovnanian Enterprises Inc), Hovnanian Enterprises Inc, Hovnanian Enterprises Inc
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, leaseconveyance, exchange transfer or other disposition lease and any such assumption complies with the provisions of this Article Nine11.
Appears in 4 contracts
Samples: Indenture (CSK Auto Corp), Indenture (Town & Country Trust), Indenture (Shanda Interactive Entertainment LTD)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article Nine11.
Appears in 4 contracts
Samples: Indenture (Agco Corp /De), Indenture (Triarc Companies Inc), Jetblue Airways Corp
Opinion of Counsel to be Given Trustee. The Trustee, subject -------------------------------------- to Sections 6.1 8.1 and 6.28.2, may shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article NineXII.
Appears in 3 contracts
Samples: Indenture (Level One Communications Inc /Ca/), Premiere Technologies Inc, E Trade Group Inc
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, leaseconveyance, exchange transfer or other disposition lease and any such assumption complies with the provisions of this Article Nine12.
Appears in 3 contracts
Samples: Indenture (Kellwood Co), Indenture (Dynegy Inc /Il/), Indenture (Wild Oats Markets Inc)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall -------------------------------------- receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article NineTwelve.
Appears in 3 contracts
Samples: At Home Corp, Viropharma Inc, Riverstone Networks Inc
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, leaseconveyance, exchange transfer or other disposition lease and any such assumption complies with the provisions of this Article Nine14.
Appears in 3 contracts
Samples: Indenture (Commscope Inc), Indenture (Commscope Inc), Indenture (Gencorp Inc)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' Officer's Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, leaseconveyance, exchange transfer or other disposition lease and any such assumption complies with the provisions of this Article Nine13.
Appears in 2 contracts
Samples: Indenture (Williams Companies Inc), Williams Companies Inc
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' ’ Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article NineXI.
Appears in 2 contracts
Samples: Indenture (Agco Corp /De), Indenture (Agco Corp /De)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' Officer's Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article Nine9.
Appears in 2 contracts
Samples: Nvidia Corp/Ca, Nvidia Corp/Ca
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption is permitted by and complies with the provisions of this Article Nine9.
Appears in 2 contracts
Samples: Trust Indenture (First Responder Systems & Technology Inc.), Trust Indenture (First Responder Systems & Technology Inc.)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' ’ Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, leaseconveyance, exchange transfer or other disposition lease and any such assumption complies with the provisions of this Article Nine11.
Appears in 2 contracts
Samples: Indenture (O Reilly Automotive Inc), Indenture (CSK Auto Corp)
Opinion of Counsel to be Given Trustee. The Trustee, Trustee subject to Sections 6.1 8.1 and 6.28.2, may shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, leaseconveyance, exchange transfer or other disposition lease and any such assumption complies with the provisions of this Article NineXII.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Softkey International Inc), Securities Purchase Agreement (Tribune Co)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee -------------------------------------- shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article NineTwelve.
Appears in 1 contract
Samples: Semtech Corp
Opinion of Counsel to be Given Trustee. The Prior to execution of any supplemental indenture pursuant to this Article 12, if so requested by the Trustee, subject to Sections 6.1 and 6.2, may the Trustee shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, leaseconveyance, exchange transfer or other disposition lease and any such assumption complies with the provisions of this Article Nine12.
Appears in 1 contract
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article NineXI.
Appears in 1 contract
Samples: Indenture (Agco Corp /De)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' ’ Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article NineXII.
Appears in 1 contract
Samples: Indenture (Sepracor Inc /De/)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' Officer's Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption is permitted by and complies with the provisions of this Article Nine9.
Appears in 1 contract
Samples: Nvidia Corp/Ca
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 8.01 and 6.28.02, may receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article NineTwelve.
Appears in 1 contract
Samples: Indenture (SCS Transportation Inc)
Opinion of Counsel to be Given Trustee. The Trustee(a) In the event of any such consolidation, subject to Sections 6.1 and 6.2merger, may sale, conveyance, transfer or lease, the Trustee shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence Counsel, each stating that any such consolidation, merger, sale, leaseconveyance, exchange transfer or other disposition lease and any such supplemental indenture relating to such assumption complies with the provisions of this Article Nine11, and such Officers' Certificate and Opinion of Counsel shall be conclusive evidence as to such compliance with this Article 11.
Appears in 1 contract
Samples: Graftech International LTD
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, transfer, conveyance, sale, lease, exchange lease or other disposition and any such assumption complies with the provisions of this Article Nine12.
Appears in 1 contract
Opinion of Counsel to be Given Trustee. The Trustee(a) In the event of any such consolidation, subject to Sections 6.1 and 6.2merger, may sale, conveyance, transfer or lease, the Trustee shall receive an Officers' ’ Certificate and an Opinion of Counsel as conclusive evidence Counsel, each stating that any such consolidation, merger, sale, leaseconveyance, exchange transfer or other disposition lease and any such supplemental indenture relating to such assumption complies with the provisions of this Article Nine11, and such Officers’ Certificate and Opinion of Counsel shall be conclusive evidence as to such compliance with this Article 11.
Appears in 1 contract
Samples: Tower Automotive Inc
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article NineTwelve."
Appears in 1 contract
Samples: Texas Instruments Tucson Corp
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' ’ Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, leaseconveyance, exchange transfer or other disposition lease and any such assumption complies with the provisions of this Article Nine13.
Appears in 1 contract
Samples: Wilson Greatbatch (Wilson Greatbatch Technologies Inc)
Opinion of Counsel to be Given Trustee. The TrusteePrior to execution of any supplemental indenture pursuant to this Article 13, subject to Sections 6.1 and 6.2, may the Trustee shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, leaseconveyance, exchange transfer or other disposition lease and any such assumption complies with the provisions of this Article Nine13.
Appears in 1 contract
Samples: Advanced Medical Optics (Advanced Medical Optics Inc)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article Nine.12. --
Appears in 1 contract
Samples: Indenture (Axcelis Technologies Inc)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may shall receive an Officers' Certificate and Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange or other disposition and any such assumption complies with the provisions of this Article Nine.. ARTICLE TEN LEGAL DEFEASANCE AND COVENANT DEFEASANCE
Appears in 1 contract
Samples: Hovnanian Enterprises Inc
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence 75 87 that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article NineTwelve.
Appears in 1 contract
Samples: Indenture (Imclone Systems Inc/De)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may Trustee shall receive an Officers' ’ Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, leaseconveyance, exchange transfer or other disposition lease and any such assumption complies with the provisions of this Article Nine12.
Appears in 1 contract
Samples: Indenture (Ryerson Tull Inc /De/)
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 and 6.2, may shall receive an Officers' ’ Certificate and Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange or other disposition and any such assumption complies with the provisions of this Article Nine.
Appears in 1 contract
Samples: Hovnanian Enterprises Inc
Opinion of Counsel to be Given Trustee. The Trustee, -------------------------------------- subject to Sections 6.1 7.01 and 6.27.02, may receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article NineEleven.
Appears in 1 contract
Samples: Zenith Electronics Corp
Opinion of Counsel to be Given Trustee. The Trustee, subject to Sections 6.1 7.01 and 6.27.02, may receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any such consolidation, merger, sale, lease, exchange conveyance or other disposition lease and any such assumption complies with the provisions of this Article NineEleven.
Appears in 1 contract