Common use of Trustee to Sign Amendments, etc Clause in Contracts

Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereof.

Appears in 9 contracts

Samples: Indenture (Calpine Corp), Supplemental Indenture (Calpine Corp), Indenture (Calpine Corp)

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Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will be entitled to shall receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 9 contracts

Samples: Indenture (Mci Inc), Indenture (Mci Inc), Indenture (Intermedia Communications Inc)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company (and, if applicable, any guarantor hereunder and thereunder) enforceable against it (and any Guarantor party thereto, enforceable against them applicable guarantor) in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof.

Appears in 7 contracts

Samples: Indenture (Videotron Ltee), Subordination Agreement (Quebecor Media Inc), Subordination Agreement (Videotron Ltee)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Officer's Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture amendment is the legal, valid and binding obligation of the Company and any Guarantor party theretoGuarantors, enforceable against them in accordance with its their terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).

Appears in 6 contracts

Samples: Global Crossing LTD, Clean Towel Service Inc, Scotts Company

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Officer's Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 5 contracts

Samples: Armstrong World Industries Inc, S&c Resale Co, Armstrong World Industries Inc

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof (including Section 9.03 hereof).

Appears in 4 contracts

Samples: Indenture (Quebecor Media Inc), Indenture (La Quinta Properties Inc), Indenture (Videotron Ltee)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 IX if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not In signing or refusing to sign an amended any amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 7.1 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended amendment or supplemental indenture is authorized or permitted by this Indenture and Indenture, that all conditions precedent thereto have been met or waived, that such amended amendment or supplemental indenture is the legalnot inconsistent herewith, and that it will be valid and binding obligation of upon the Company and any Guarantor party theretoGuarantors, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofexceptions.

Appears in 4 contracts

Samples: Toys R Us Property Co II, LLC, Toys R Us Inc, Toys R Us Inc

Trustee to Sign Amendments, etc. The Subject to the preceding sentence, the Trustee will shall sign any amended amendment or supplemental indenture authorized pursuant to this Article 9 Indenture if the amendment or supplement 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, liabilities or immunities under this Indenture or otherwise. The Company may not sign an amended amendment or supplemental indenture Indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indentureIndenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 11.04 hereof, an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture Indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofIndenture.

Appears in 4 contracts

Samples: Indenture (TTM Technologies Inc), Indenture (TTM Technologies Inc), Indenture (Shared Communication Systems, Inc.)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture Indenture, Subsidiary Guarantee, Collateral Document or Note authorized pursuant to this Article 9 Nine if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuers or any Subsidiary Guarantor may not sign an amended amendment or supplemental indenture Indenture, Subsidiary Guarantee, Collateral Document or Note until the its Management Committee or Board of Directors of Directors, as the Company case may be, approves it. In executing any amended or supplemental indentureIndenture, Subsidiary Guarantee, Collateral Document or Note, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 14.04 hereof, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofIndenture.

Appears in 4 contracts

Samples: Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive provided with and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 4 contracts

Samples: Indenture (Centene Corp), Indenture (Centene Corp), Indenture (Centene Corp)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the its Board of Directors of the Company (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive provided with and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 4 contracts

Samples: Securities Indenture (Centene Corp), Centene Corp, Securities Indenture (Centene Corp)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will be entitled to shall receive and (subject to Section 7.01 hereof) will shall be fully protected in conclusively relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company (and, if applicable, any guarantor hereunder and thereunder) enforceable against it (and any Guarantor party thereto, enforceable against them applicable guarantor) in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof.

Appears in 4 contracts

Samples: Indenture (Videotron Ltee), Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof.

Appears in 3 contracts

Samples: Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuers and the Guarantors may not sign an amended amendment or supplemental indenture until the Board their respective Boards of Directors of the Company approves approve it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 14.02 hereof, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and an Opinion of Counsel stating that such amended or the supplemental indenture is the legal, a valid and binding obligation of the Company and any Guarantor party theretoIssuers, enforceable against each of them in accordance with its terms, subject to customary exceptions and complies with provisions hereof.

Appears in 3 contracts

Samples: Signatures (Wynn Resorts LTD), Signatures (Wynn Las Vegas LLC), Wynn Resorts LTD

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof (including Section 9.03 hereof).

Appears in 3 contracts

Samples: Indenture (Videotron Ltee), Subordination Agreement (Groupe De Divertissement Superclub Inc), Subordination Agreement (Sun Media Corp)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 IX if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties, liabilities or immunities under this Indenture or otherwise. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofIndenture.

Appears in 3 contracts

Samples: Indenture (Tesoro Alaska Co), Indenture (Tesoro Alaska Co), Victory Finance Inc

Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Operating Partnership may not sign an amended or supplemental indenture until the Board of Directors of the Company Operating Partnership approves it. Evidence of such approval shall be delivered to the Trustee with an Officers’ Certificate. In executing any amended or supplemental indenture, the Trustee will be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in relying upon, in addition to the documents required by Section 13.02 12.03 hereof, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party theretoIssuers, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereof.

Appears in 2 contracts

Samples: Indenture (QualityTech, LP), Supplemental Indenture (QualityTech, LP)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Neither the Company nor any Guarantor may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 2 contracts

Samples: Prestige Brands International, Inc., Prestige Brands Holdings, Inc.

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such supplemental indenture and this Indenture, as so amended or supplemental indenture is supplemented, constitute the legal, valid and binding obligation obligations of the Company and any Guarantor party theretothe Guarantors, enforceable against each of them in accordance with its terms, their respective terms (subject to customary exceptions and complies with provisions hereofnecessary exceptions) and all conditions precedent have been complied with.

Appears in 2 contracts

Samples: Indenture (Air Rental Supply Inc), Pacific Aerospace & Electronics Inc

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof.

Appears in 2 contracts

Samples: Indenture (General Growth Properties, Inc.), Indenture (Rouse Co LP)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 8 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the its Board of Directors of the Company (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 5.02 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party theretoCompany, enforceable against them it in accordance with its terms, subject to customary exceptions exceptions, and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 8.03).

Appears in 2 contracts

Samples: Assignment and Security Agreement (NextWave Wireless LLC), Security Agreement (NextWave Wireless LLC)

Trustee to Sign Amendments, etc. The Subject to the preceding sentence, the Trustee will shall sign any amended amendment or supplemental indenture authorized pursuant to this Article 9 Indenture if the amendment or supplement same does not adversely affect the rights, duties, liabilities 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, liabilities, or immunities under this Indenture or otherwise. The Company may not sign an amended amendment or supplemental indenture Indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indentureIndenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 11.04 hereof, an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture Indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofIndenture.

Appears in 2 contracts

Samples: Indenture (Roadrunner Transportation Systems, Inc.), Indenture (Marinemax Inc)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, Issuer enforceable against them the Issuer in accordance with its terms, subject to customary exceptions exceptions, and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 2 contracts

Samples: Indenture (GameStop Corp.), Indenture (GameStop Corp.)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture Indenture, Notes or Note Guarantee (or an amendment or supplement to any of the foregoing) authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the TrusteeTrustee under this Indenture or otherwise. The Company Issuers and the Parent Guarantor may not sign an amended amendment or supplemental indenture Indenture until their respective boards of directors or the Board of Directors of the Company CCI approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive provided with and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof11.04, an Officers’ Officer’s Certificate and an Opinion of Counsel Counsel, in each case from each of the Issuers, stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofIndenture.

Appears in 2 contracts

Samples: Charter Communications Inc /Mo/, Charter Communications Inc /Mo/

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 2 contracts

Samples: Worldcom Inc, Worldcom Inc

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture Indenture, Notes or Note Guarantee (or an amendment or supplement to any of the foregoing) authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the TrusteeTrustee under this Indenture or otherwise. The Company Issuers and any Parent Guarantor may not sign an amended amendment or supplemental indenture Indenture until their respective boards of directors or the Board of Directors of the Company CCI approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive provided with and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof11.04, an Officers’ Officer’s Certificate and an Opinion of Counsel Counsel, in each case from each of the Issuers, stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofIndenture.

Appears in 2 contracts

Samples: Indenture (Charter Communications Inc /Mo/), CCH Ii Capital Corp

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture amendment is the legal, valid and binding obligation of the Company and any Guarantor party theretoGuarantors, enforceable against them in accordance with its their terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).

Appears in 2 contracts

Samples: Southridge Plaza Holdings Inc, Southwest General Hospital Lp

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuers may not sign an amended or supplemental indenture until the Board of Directors of the Company Holdings approves it. Evidence of such approval shall be delivered to the Trustee with an Officers’ Certificate. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 hereof, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended amendment or supplemental indenture supplement is the legal, valid valid, binding and binding obligation of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereof.

Appears in 2 contracts

Samples: Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties LLC)

Trustee to Sign Amendments, etc. The Subject to the preceding sentence, the Trustee will shall sign any amended amendment or supplemental indenture authorized pursuant to this Article 9 Indenture if the amendment or supplement same does not adversely affect the rights, duties, liabilities 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, liabilities, or immunities under this Indenture or otherwise. The Company may not sign an amended amendment or supplemental indenture Indenture until the its Board of Directors of the Company approves it. In executing any amended or supplemental indentureIndenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 11.04 hereof, an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture Indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofIndenture.

Appears in 2 contracts

Samples: Carbonite Inc, Carbonite Inc

Trustee to Sign Amendments, etc. The Subject to the preceding sentence, the Trustee will shall sign any amended amendment or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement 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, liabilities or immunities under this Indenture or otherwise. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof11.04, an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofIndenture.

Appears in 2 contracts

Samples: Indenture (Surgalign Holdings, Inc.), RTI Surgical Holdings, Inc.

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture Indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture Indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Officer's Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 2 contracts

Samples: Gallipolis Care LLC, Villa Pines Care LLC

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The None of the Company may not nor any Subsidiary Guarantor shall sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof (including Section 9.03 hereof).

Appears in 1 contract

Samples: Aviall Inc

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture Indenture, Notes, Pledge Agreement or Note Guarantee (or an amendment or supplement to any of the foregoing) authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the TrusteeTrustee under this Indenture, the Pledge Agreement or otherwise. The Company Issuers and the Parent Guarantor may not sign an amended amendment or supplemental indenture Indenture until their respective boards of directors or the Board of Directors of the Company CCI approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive provided with and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof12.04, an Officers’ Officer’s Certificate and an Opinion of Counsel Counsel, in each case from each of the Issuers, stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofIndenture.

Appears in 1 contract

Samples: Charter Communications Inc /Mo/

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company None of the Companies nor any Guarantor may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, Companies enforceable against them in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 1 contract

Samples: Twi Holdings Inc

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company None of the Issuers nor any Guarantor may not sign an amended amendment or supplemental indenture until the its Board of Directors of the Company (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, Issuers enforceable against each of them in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 1 contract

Samples: Indenture (Trump Entertainment Resorts Holdings Lp)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company (and, if applicable, any guarantor hereunder and thereunder) enforceable against it (and any Guarantor party thereto, enforceable against them applicable guarantor) in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof.. ​

Appears in 1 contract

Samples: Subordination Agreement (Videotron Ltee)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Subsidiary Guarantor party thereto, thereto enforceable against them in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 1 contract

Samples: Indenture (Hanger Orthopedic Group Inc)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company None of HLI nor any Guarantor may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, HLI enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 1 contract

Samples: Hayes Lemmerz International Inc

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 7.1 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Officer's Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture amendment is the legal, valid and binding obligation of the Company and any Guarantor party theretoGuarantors, enforceable against them in accordance with its their terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.3).

Appears in 1 contract

Samples: Global Crossing LTD

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture Indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee’s own rights, duties, liabilities or immunities under this Indenture or otherwise. The Issuers may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofSection 9.03.

Appears in 1 contract

Samples: Funding Guarantor (U.S. Shipping Partners L.P.)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 8 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the its Board of Directors of approves the Company approves itsame. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof6.01 of the Base Indenture) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 8.05). ARTICLE 9.

Appears in 1 contract

Samples: Indenture (Celestica Inc)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuers may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in relying uponreceive, in addition to the documents required by Section 13.02 13.04, and (subject to Section 7.01 hereof, ) shall be fully protected in relying upon an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, Issuers enforceable against them in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof (including Section 9.03 hereof).

Appears in 1 contract

Samples: CBD Media LLC

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company (and, if applicable, any guarantor hereunder and thereunder) enforceable against it (and any Guarantor party thereto, enforceable against them applicable guarantor) in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof (including Section 9.03 hereof).

Appears in 1 contract

Samples: Indenture (Videotron Ltee)

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Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Officer's Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture amendment is the legal, valid and binding obligation of the Company and any Guarantor party theretoCompany, enforceable against them in accordance with its their terms, subject to customary exceptions exceptions, and complies with the provisions hereofhereof (including Section 9.03).

Appears in 1 contract

Samples: Global Crossing Holdings LTD

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture Indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture Indenture until the its Board of Directors of the Company approves it. In executing any amended or supplemental indentureIndenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture Indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture Indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental Indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 1 contract

Samples: Talecris Biotherapeutics Holdings Corp.

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended amendment or supplemental indenture authorized pursuant to this Article 9 7 if the amendment or supplement supplemental indenture does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended amendment or supplemental indenture, the Trustee will shall be entitled to receive provided with and (subject to Section 7.01 hereof6.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof14.06, an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture or any relevant supplemental indenture and that such amended or supplemental supplemented indenture is the legal, valid and binding obligation of the Company and any Guarantor party theretoCompany, enforceable against them the Company in accordance with its terms, subject to customary exceptions and complies with provisions hereof.

Appears in 1 contract

Samples: Indenture (Warner Chilcott LTD)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 7.1 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof (including Section 9.3 hereof). ARTICLE 10.

Appears in 1 contract

Samples: Indenture (Aerojet Ordnance Tennessee Inc)

Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the Trustee determines that the amendment or supplement does not adversely affect the rights, duties, liabilities liabilities, privileges, protections, benefits, indemnities or immunities of the Trustee. The Company may not sign an amended or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will be entitled to shall receive and (subject to Section 7.01 hereof) will be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 hereof, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company Issuers and any Guarantor party thereto, Guarantors enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereof.

Appears in 1 contract

Samples: Indenture (Sitio Royalties Corp.)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Officer's Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Exchange Indenture and that such amended or supplemental indenture amendment is the legal, valid and binding obligation of the Company and any Guarantor party theretoCompany, enforceable against them in accordance with its their terms, subject to customary exceptions exceptions, and complies with the provisions hereof.hereof (including Section 9.03)

Appears in 1 contract

Samples: Pca Valdosta Corp

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities liabilities, immunities or immunities indemnities of the Trustee. The Company None of the Issuer nor any Guarantor may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, Issuer enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 1 contract

Samples: Indenture (Hli Operating Co Inc)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The None of the Company nor any Guarantor may not sign an amended amendment or supplemental indenture until the its Board of Directors of the Company (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 1 contract

Samples: Indenture (GNLV Corp)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Officer's Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation ob- ligation of the Company and any Guarantor party thereto, Issuers enforceable against them in accordance with its terms, subject to customary exceptions exceptions, and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 1 contract

Samples: Indenture (Gamestop Corp)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in relying uponreceive, in addition to the documents required by Section 13.02 12.04, and (subject to Section 7.01 hereof, ) shall be fully protected in relying upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof (including Section 9.03 hereof).

Appears in 1 contract

Samples: Indenture (Stratos Funding, LP)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Issuers may not sign an amended or supplemental indenture until the Board of Directors of the Company Issuers approves it. In executing any amended or supplemental indenture, the Trustee will be entitled to shall receive and (subject to Section 7.01 hereof) will be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture Indenture, and the Opinion of Counsel shall state that such amended or the supplemental indenture is the legal, valid and binding obligation of the Company Insurers and any Guarantor party theretoGuarantors, enforceable against them the Issuers and Guarantors in accordance with its terms, subject to customary exceptions and complies with provisions hereof.

Appears in 1 contract

Samples: Indenture (NRG Rema LLC)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture Indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture Indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 1 contract

Samples: Hanger Orthopedic Group Inc

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 IX if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not In signing or refusing to sign an amended any amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereofof the Base Indenture) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended amendment or supplemental indenture is authorized or permitted by this Indenture and Supplemental Indenture, that all conditions precedent thereto have been met or waived, that such amended amendment or supplemental indenture is the legalnot inconsistent herewith, and that it will be valid and binding obligation of upon the Company and any Guarantor party theretoGuarantors, enforceable against them if any, in accordance with its terms, subject to customary exceptions and complies with provisions hereof.. Table of Contents ARTICLE X APPLICATION OF SUPPLEMENTAL INDENTURE AND CREATION OF THE INITIAL NOTES

Appears in 1 contract

Samples: Supplemental Indenture (Olin Corp)

Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in relying upon, in addition to the documents required by Section 13.02 14.04 hereof, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that the amended or supplemental indenture has been duly authorized, executed and delivered and is enforceable in accordance with its terms (subject to customary exceptions), and such amended or supplemental indenture is in compliance with the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofTIA.

Appears in 1 contract

Samples: Indenture (Tekni Plex Inc)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture Indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties, liabilities or immunities under this Indenture or otherwise. The Company may not sign an amended amendment or supplemental indenture Indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 7.1 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofIndenture.

Appears in 1 contract

Samples: Indenture (National Oilwell Inc)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof (including Section 9.03 hereof).

Appears in 1 contract

Samples: Medvest Holdings Corp

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 8 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the its Board of Directors of the Company (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 5.02 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party theretoCompany, enforceable against them it in accordance with its terms, subject to customary exceptions exceptions, and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 8.03).

Appears in 1 contract

Samples: Indenture (NextWave Wireless LLC)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Neither the Company nor any Guarantor may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof.

Appears in 1 contract

Samples: Indenture (Prestige Brands Holdings, Inc.)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, Issuer enforceable against them the Issuer in accordance with its terms, subject to customary exceptions exceptions, and that such amended or supplemental indenture complies with the provisions hereof.

Appears in 1 contract

Samples: Indenture (GameStop Corp.)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof (including Section 9.03 hereof). ARTICLE 10.

Appears in 1 contract

Samples: Subordination Agreement (Quebecor Media Inc)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 8 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the its Board of Directors of approves the Company approves itsame. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof6.01 of the Base Indenture) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Third Supplemental Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 8.05).

Appears in 1 contract

Samples: Celestica Inc

Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the TrusteeTrustee under this Indenture or otherwise, in which case the Trustee may in its discretion, but will not be obligated to, enter into such amended or supplemental indentures. The Company may not sign an amended or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 hereof, an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofIndenture.

Appears in 1 contract

Samples: Indenture (Riverside Forest Products Marketing LTD)

Trustee to Sign Amendments, etc. The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Operating Partnership may not sign an amended or supplemental indenture until the Board of Directors of the Company Operating Partnership approves it. Evidence of such approval shall be delivered to the Trustee with an Officers’ Certificate. In executing any amended or supplemental indenture, the Trustee will be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in relying upon, in addition to the documents required by Section 13.02 12.04 hereof, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party theretoIssuers, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereof.

Appears in 1 contract

Samples: Supplemental Indenture (QTS Realty Trust, Inc.)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company Co-Issuers may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Officer's Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, Co-Issuers enforceable against them in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof.

Appears in 1 contract

Samples: General Growth Properties Inc

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture Indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties, liabilities or immunities under this Indenture or otherwise. The Company may not sign an amended amendment or supplemental indenture Indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, an Officers' Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them in accordance with its terms, subject to customary exceptions and complies with provisions hereofIndenture.

Appears in 1 contract

Samples: Indenture (Gulfmark Offshore Inc)

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended amendment or supplemental indenture until the its Board of Directors of the Company (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will shall be entitled to receive provided with and (subject to Section 7.01 hereof) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereofhereof (including Section 9.03).

Appears in 1 contract

Samples: Molina Healthcare Inc

Trustee to Sign Amendments, etc. The Trustee will shall sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The None of the Company nor any Guarantor may not sign an amended amendment or supplemental indenture until the Board its board of Directors of the Company directors (or committee serving a similar function) approves it. In executing any amended or supplemental indenture, the Trustee will be entitled to shall receive and (subject to Section 7.01 hereof7.01) will shall be fully protected in relying upon, in addition to the documents required by Section 13.02 hereof, upon an Officers’ Officer’s Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture and that such amended or supplemental indenture is the legal, valid and binding obligation obligations of the Company and any Guarantor party thereto, enforceable against them it in accordance with its terms, subject to customary exceptions and that such amended or supplemental indenture complies with the provisions hereof.

Appears in 1 contract

Samples: Security Register (ClubCorp Holdings, Inc.)

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