Receipt by Trustee. In accordance with Section 13.05 of the Indenture, the parties acknowledge that the Trustee has received an Officers’ Certificate and an Opinion of Counsel as conclusive evidence that this Second Supplemental Indenture complies with the requirements of Article XIII of the Indenture.
Receipt by Trustee. In accordance with Sections 10.03 and 14.04 of the Base Indenture, the parties acknowledge that the Trustee has received an Officers' Certificate and an Opinion of Counsel as conclusive evidence that this Supplemental Indenture complies with the Indenture.
Receipt by Trustee. The Trustee shall receive in cash or other assets acceptable to the Trustee all contributions paid or delivered to it which are allocable under the Plan and to the Trust and all transfers paid or delivered under the Plan to the Trust from a predecessor trustee or another trust (including a trust forming part of another plan qualified under section 401(a) of the Code), provided that the Trustee shall not be obligated to receive any such contribution or transfer unless prior thereto or coincident therewith, as the Trustee may specify, the Trustee has received such reconciliation, allocation, investment or other information concerning, or such direction, instruction or representation with respect to, the contribution or transfer or the source thereof as the Trustee may require. The Trustee shall have no duty or authority to (a) require any contributions or transfers to be made under the Plan or to the Trustee, (b) compute any amount to be contributed or transferred under the Plan to the Trustee, or (c) determine whether amounts received by the Trustee comply with the Plan.
Receipt by Trustee. In accordance with Article 5, Section 12.04 and Section 12.05 of the Indenture, the Trustee acknowledges that it has received an Officer’s Certificate and Opinion of Counsel stating that the Reorganization and the Supplemental Indenture comply with Article 5 of the Indenture and that all conditions precedent provided in the Indenture relating to the Reorganization have been satisfied.
Receipt by Trustee. In accordance with Section 1.02 and Section 14.02 of the Indenture, the Trustee acknowledges that it has received an Officer’s Certificate and Opinion of Counsel stating that the Supplemental Indenture complies with Section 14.02 of the Indenture and that all conditions precedent provided in the Indenture relating to the Supplemental Indenture have been satisfied.
Receipt by Trustee. In accordance with Sections 9.2 and 9.3 of the Indenture, the Trustee acknowledges that it has received (i) a copy of the resolutions of the Company's Board of Directors authorizing the execution of this Supplemental Indenture, (ii) satisfactory evidence of the consent of holders of a majority of the aggregate liquidation amount of the Preferred Securities issued by the Trust to the execution of this Supplemental Indenture and (iii) an Officers' Certificate and Opinion of Counsel stating that the execution of this Supplemental Indenture is permitted by the Indenture and all conditions precedent and covenants relating to the execution of this Supplemental Indenture have been satisfied.
Receipt by Trustee. The Trustee shall receive in cash or other assets all contributions paid or delivered to it which are allocable under the Plan and to the Trust and all transfers paid or delivered under the Plan to the Trust from a predecessor trustee or another trust (including a trust fanning part of another plan qualified under Section 401(a) of the Code); provided, however, that the Trustee shall not be obligated to receive any such contribution or transfer unless prior thereto or coincident therewith, as the Trustee may specify, the Trustee has received such reconciliation, allocation, investment or other information concerning, or such direction, instruction or representation with respect to, the contribution or transfer or the source thereof as the Trustee may require. The Named Administrative Fiduciary shall have the sole duty and responsibility, and the Trustee shall have no duty or responsibility, to: (a) require any contributions or transfers to be made under the Plan or to the Trustee, (b) compute any amount to be contributed or transferred under the Plan to the Trustee, or (c) determine whether amounts received by the Trustee, and the timing thereof, comply with the Plan and applicable law. In addition, without exercising any discretionary authority over the investments of the Plan or this Trust, the Trustee may establish certain assets or asset categories that may not be permissible for the Trustee to hold in trust for all plans (or certain types of plans) with respect to which the Trustee may be serving as trustee. The Trustee has the right to refuse to accept such assets or asset categories into the Trust Fund and, upon providing the Named Investment Fiduciary reasonable advance written notice, the Trustee may refuse to continue to hold any such existing assets or asset categories in the Trust Fund. Upon written request (which may be provided through electronic communication in accordance with Section 11.13 hereof) the Trustee shall provide to the Employer or Named Investment Fiduciary additional information concerning which assets or asset categories are not capable of being held in this Trust Fund.
Receipt by Trustee. The undersigned acknowledges receipt of this disclaimer on the _______ day of _______, 19__. _______ AS TRUSTEE OF THE _______ TRUST UNDER TRUST AGREEMENT Dated _______, 19__ §§ 27.158–27.199 are reserved for supplementary material. H. SETTLEMENT AGREEMENTS
Receipt by Trustee. In accordance with Section 13.04 of the Indenture, the Trustee acknowledges that it has received an Officer's Certificate and Opinion of Counsel stating that all conditions precedent to the execution of this Supplemental Indenture have been satisfied.
Receipt by Trustee. In accordance with Section 9.02 of the Indenture, the Trustee acknowledges that it has received a copy of the Board Resolution authorizing the execution of this Fourth Supplemental Indenture and the Act of the Holders of the Notes consenting to the Proposed Amendment evidenced by this Fourth Supplemental Indenture. In addition, in accordance with Section 9.06, Section 12.04, and Section 12.05 of the Indenture, the Trustee acknowledges that it has received an Officers’ Certificate and Opinion of Counsel stating that the execution of this Fourth Supplement Indenture is authorized or permitted by the Indenture, and that all conditions precedent have been complied with.
