Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 52 contracts
Samples: Senior Indenture (VCI Global LTD), Default and Remedies (SharpLink Gaming, Inc.), Senior Indenture (Mobileye Global Inc.)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights of the Trustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 31 contracts
Samples: Senior Indenture (Aes Corporation), Indenture (Choice One Communications Inc), Indenture (Sothebys Holdings Inc)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Company. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 24 contracts
Samples: Jsce Inc, Indenture (Pacificare Health Systems Inc /De/), Indenture (Dobson Wireline Co)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 11 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 14 contracts
Samples: Senior Indenture (MULTI COLOR Corp), Subordinated Indenture (MULTI COLOR Corp), Senior Indenture (AtriCure, Inc.)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 8 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the CompanyIssuer and any Guarantors, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 13 contracts
Samples: Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Ten is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the CompanyCompany and the Guarantors, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise. In signing any amendment, supplement or waiver, the Trustee shall be entitled to receive an indemnity reasonably satisfactory to it.
Appears in 13 contracts
Samples: Indenture (Carrols Corp), Registration Rights Agreement (West Texas & Lubbock Railroad Co Inc), Amo Holdings LLC
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 10 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the CompanyCompany and the Guarantor, enforceable against the Company and the Guarantor in accordance with its terms, subject to customary exceptions. The Subject to the preceding sentence, the Trustee may, but shall not be obligated to, execute any sign such amendment, supplement or waiver that affects if the same does not adversely affect the rights of the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 9 contracts
Samples: Credit Suisse Group Funding (Guernsey) LTD, Credit Suisse Group Funding (Guernsey) LTD, Credit Suisse Group Funding (Guernsey) LTD
Trustee to Sign Amendments, etc. The Trustee shall be ------------------------------- entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Company. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 7 contracts
Samples: Itc Deltacom Inc, Ipc Information Systems Inc, Urs Corp /New/
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 8 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the CompanyCompany and any Guarantors, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 7 contracts
Samples: Indenture (CNH Industrial Capital LLC), Indenture (CNH Industrial Capital LLC), Indenture (CNH Capital LLC)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Company. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 6 contracts
Samples: Sothebys, Indenture (Sothebys), Indenture (SPX Corp)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel complying with Section 11.03 and stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Company. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 6 contracts
Samples: Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Company and the Subsidiary Guarantors. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 5 contracts
Samples: Supplemental Indenture (Steel Dynamics Inc), Execusion Version (Steel Dynamics Inc), Supplemental Indenture (Steel Dynamics Inc)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.. In signing any amendment, supplement or waiver, the Trustee shall be entitled to receive an indemnity reasonably satisfactory to it. ARTICLE TEN
Appears in 5 contracts
Samples: Indenture (Hermes Europe Railtel B V), Indenture (Comcast Cellular Holdings Inc), Global Telesystems Group Inc
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 5 contracts
Samples: Senior Indenture (Charles River Laboratories International Inc), Senior Indenture (Auris Medical Holding AG), Charles River Laboratories International Inc
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 8 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the CompanyCompany and any Guarantors, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 4 contracts
Samples: Supplemental Indenture (Ifco Systems Nv), Indenture (Buslease Inc /New/), Brickman Group LTD
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receiveprovided with, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Company. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 4 contracts
Samples: Indenture (Dean Foods Co/), Indenture (GameStop Corp.), Dean Illinois Dairies, LLC
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 8 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 4 contracts
Samples: Indenture (Healthsouth Corp), Healthsouth Corp, Healthsouth Corp
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 IX is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 4 contracts
Samples: Avangrid, Inc., Indenture (Avangrid, Inc.), Avangrid, Inc.
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Officers’ Certificate stating that, in the opinion of the signers, all conditions precedent, if any, provided for in this Indenture relating to such execution have been complied with and an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the CompanyCompany and any Guarantors, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 3 contracts
Samples: Indenture (CNH Industrial Capital LLC), New Holland Credit Company, LLC, CNH Industrial Capital LLC
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the CompanyCompany and the Subsidiary Guarantors, enforceable against the Company and the Subsidiary Guarantors in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 3 contracts
Samples: Senior Indenture (Valmont Industries Inc), Indenture (Valmont Group Pty LTD), Owens Corning
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Issuer. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 3 contracts
Samples: Registration Rights Agreement (Stone Container Finance CO of Canada II), Indenture (Multicare Companies Inc), Genesis Eldercare Acquisition Corp
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Ten is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 3 contracts
Samples: Activant Solutions Inc /De/, Cooperative Computing Inc /De/, Cooperative Computing Inc /De/
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.. In signing any amendment, supplement or waiver, the Trustee shall be entitled to receive an indemnity reasonably satisfactory to it. 66 -60- ARTICLE TEN
Appears in 3 contracts
Samples: Global Telesystems Group Inc, Global Telesystems Europe B V, Hermes Europe Railtel B V
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receiveprovided with, and shall be fully protected in relying upon, an Opinion of Counsel complying with Section 11.03 and stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Company. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 3 contracts
Samples: Indenture (PAETEC Holding Corp.), Indenture (PAETEC Holding Corp.), PAETEC Holding Corp.
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the CompanyHoldings, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.. In signing any amendment, supplement or waiver, the Trustee shall be entitled to receive an indemnity reasonably satisfactory to it. ARTICLE TEN
Appears in 3 contracts
Samples: Definitions and Incorporation by Reference (Manischewitz B Co LLC), Lin Television Corp, Rab Enterprises Inc
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 ARTICLE 8 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 2 contracts
Samples: Indenture (Healthsouth Corp), Indenture (Healthsouth Corp)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receiveprovided with, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Company. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 2 contracts
Samples: And Voting Agreement (Advanced Lighting Technologies Inc), Advanced Lighting Technologies Inc
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Eight is authorized or permitted by this Indenture. Subject to the preceding sentence, stating that all requisite consents have been obtained the Trustee shall sign such amendment, supplement or that no consents are required and stating that such supplemental indenture constitutes waiver if the legalsame does not adversely affect the rights, valid and binding obligation duties, liabilities or immunities of the Company, enforceable against Trustee (as determined by the Company Trustee in accordance with the exercise of its terms, subject to customary exceptionsreasonable discretion). The Trustee in its discretion may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 2 contracts
Samples: Indenture (Nutritional Sourcing Corp), Security Pledge and Intercreditor Agreement (Nutritional Sourcing Corp)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receiveprovided with, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Company. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 2 contracts
Samples: Indenture (Advanced Lighting Technologies Inc), Advanced Lighting Technologies Inc
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an (i) an Officers’ Certificate and (ii) an Opinion of Counsel. The Opinion of Counsel stating shall state that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 2 contracts
Samples: Verisk Analytics, Inc., Verisk Analytics, Inc.
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, (i) an Officers’ Certificate and (ii) an Opinion of Counsel. The Opinion of Counsel stating shall state that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the CompanyCompany and any Guarantor, enforceable against the Company in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 2 contracts
Samples: Trinity Industries Inc, Trinity Parts & Components, LLC
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Ten is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the CompanyCompany and each Guarantor, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise. In signing any amendment, supplement or waiver, the Trustee shall be entitled to receive an indemnity reasonably satisfactory to it.
Appears in 2 contracts
Samples: Indenture (Scot Inc), Falcon Products Inc /De/
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, (i) an Officers’ Certificate and (ii) an Opinion of Counsel. The Opinion of Counsel stating shall state that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 2 contracts
Samples: Tapestry, Inc., Tapestry, Inc.
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or and permitted by this IndentureSupplemental Indenture (and otherwise in form and substance satisfactory to the Trustee). Subject to the preceding sentence, stating that all requisite consents have been obtained the Trustee shall sign such amendment, supplement or that no consents are required and stating that such supplemental indenture constitutes waiver if the legalsame does not adversely affect the rights, valid and binding obligation duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Supplemental Indenture or otherwise.
Appears in 2 contracts
Samples: Supplemental Indenture (Manitowoc Co Inc), First Supplemental Indenture (Manitowoc Co Inc)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 8 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Supplemental Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the CompanyIssuer and any Guarantors, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s own rights, duties or immunities under this Supplemental Indenture or otherwise.
Appears in 2 contracts
Samples: Indenture (American Greetings Corp), Indenture (American Greetings Corp)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it shall be valid and binding obligation upon the Company. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 2 contracts
Samples: Knology Holdings Inc /Ga, Knology Inc
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel and an Officers’ Certificate stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 2 contracts
Samples: Banco Santander (Banco Santander (Brasil) S.A.), Banco Santander (Banco Santander (Brasil) S.A.)
Trustee to Sign Amendments, etc. The Trustee shall be --------------------------- entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Company. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 2 contracts
Samples: Indenture (Aon Corp), Indenture (Aon Corp)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, (i) an Officers’ Certificate and (ii) an Opinion of Counsel. The Opinion of Counsel stating shall state that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 2 contracts
Samples: Tapestry, Inc., Tapestry, Inc.
Trustee to Sign Amendments, etc. The Trustee shall be entitled -------------------------------------- to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Company. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 2 contracts
Samples: CFW Communications Co, CFW Communications Co
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Company. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.. ARTICLE TEN GUARANTEE OF NOTES
Appears in 2 contracts
Samples: Indenture (SPX FLOW, Inc.), Indenture (SPX FLOW, Inc.)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 8 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 2 contracts
Samples: Indenture (Healthsouth Corp), Healthsouth Corp
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Opinion of Counsel and Officer’s Certificate stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that adversely affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Eight is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Samples: Constellation Brands, Inc.
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Officer’s Certificate and an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all conditions precedent thereto have been met or waived, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Samples: Molycorp, Inc.
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Issuer. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it shall be valid and binding obligation upon the Company. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Samples: Ingram Micro Inc
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 8 is authorized or permitted by this Indenture, stating Indenture that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the CompanyCompany and any Guarantors, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which materially adversely affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of any amendment, amendment or supplement or waiver authorized pursuant to this Article 9 8 is authorized or permitted by this IndentureIndenture and, stating that all requisite consents have been obtained or that no consents are required and in the case of such Opinion of Counsel, additionally stating that such supplemental indenture amendment or supplement constitutes the legal, valid and binding obligation of the CompanyIssuers and any Guarantors, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, amendment or supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Samples: Indenture (Stonemor Partners Lp)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel and an Officers' Certificate each stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the CompanyCompany and the Subsidiary Guarantors, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise. In signing any amendment, supplement or waiver, the Trustee shall be entitled to receive an indemnity reasonably satisfactory to it.
Appears in 1 contract
Samples: Prime Foods Development Corp
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel Counsel, stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 8 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the CompanyCompany and any Guarantors, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the CompanyCorporate, enforceable against the Company Corporate in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Samples: Indenture (Savyon Trust Group,inc)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Ten is authorized or permitted by this Indenture, stating that all requisite consents conditions precedent thereto have been obtained or that no consents are required met, and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.. ARTICLE ELEVEN
Appears in 1 contract
Samples: Indenture (MTS Inc)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Company. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Samples: Indenture (Aon Corp)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Samples: CNH Industrial N.V.
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Company. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or 77 immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Samples: Indenture (Us Xchange LLC)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Officers’ Certificate and an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Samples: Synovus Financial Corp
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Company. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.. ARTICLE TEN
Appears in 1 contract
Samples: Indenture (Sothebys)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receiveprovided with, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation of upon the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.. ARTICLE TEN
Appears in 1 contract
Samples: Indenture (Dean Foods Co)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and (subject to Section 7.01) shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 8 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required Indenture and stating that such supplemental indenture amendment, supplement or waiver constitutes the legal, valid and binding obligation of the CompanyCompany and any Guarantors, enforceable against the Company in accordance with its terms, terms (subject to customary exceptions). The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that which affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Samples: Panamsat Corp /New/
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 7 is authorized or permitted by this IndentureAgreement, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture amendment constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights of the Trustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s 's own rights, duties or immunities under this Indenture Agreement or otherwise.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Aes Corporation)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel and an Officers’ Certificate stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee and the Collateral Agent shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture. Subject to the preceding sentence, stating that all requisite consents have been obtained the Trustee and the Collateral Agent shall sign such amendment, supplement or that no consents are required and stating that such supplemental indenture constitutes waiver if the legal, valid and binding obligation same does not adversely affect the rights of the Company, enforceable against Trustee or the Company in accordance with its terms, subject to customary exceptionsCollateral Agent. The Trustee and the Collateral Agent may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s 's or the Collateral Agent's own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Samples: Indenture (FelCor Lodging Trust Inc)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in conclusively relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Samples: Verisk Analytics, Inc.
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Officer’s Certificate and an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Samples: Senior Indenture (IHS Markit Ltd.)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 is authorized or permitted by this Indenture, stating that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, valid and binding obligation of the CompanyCompany and each Subsidiary Guarantor, enforceable against the Company and each Subsidiary Guarantor in accordance with its terms, subject to customary exceptions. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 IX is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Company. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Samples: Indenture (VHS of Phoenix Inc)
Trustee to Sign Amendments, etc. The Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of any amendment, supplement or waiver authorized pursuant to this Article 9 Nine is authorized or permitted by this Indenture, stating Indenture and that all requisite consents have been obtained or that no consents are required and stating that such supplemental indenture constitutes the legal, it will be valid and binding obligation upon the Obligors. Subject to the preceding sentence, the Trustee shall sign such amendment, supplement or waiver if the same does not adversely affect the rights, duties, liabilities or immunities of the Company, enforceable against the Company in accordance with its terms, subject to customary exceptionsTrustee. The Trustee may, but shall not be obligated to, execute any such amendment, supplement or waiver that affects the Trustee’s 's own rights, duties or immunities under this Indenture or otherwise.
Appears in 1 contract
Samples: Indenture (Time Warner Telecom LLC)