Trustee to Sign Amendments, etc. The Trustee shall sign any amendment, supplement or waiver authorized pursuant to this Article 8 if the amendment, supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may, but need not, sign it. In signing or refusing to sign such amendment, supplement or waiver the Trustee shall be entitled to receive and, subject to Section 7.1, shall be fully protected in relying upon an Officers’ Certificate and an Opinion of Counsel stating that such amendment, supplement or waiver is authorized or permitted by this Indenture. The Company may not sign an amendment or supplement until the Board of Directors of the Company approves it.
Appears in 30 contracts
Samples: Indenture (Nephros Inc), Indenture (Ocugen, Inc.), Indenture (Celcuity Inc.)
Trustee to Sign Amendments, etc. The Trustee shall sign any amendment, supplement or waiver authorized pursuant to this Article 8 if the amendment, supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may, but need not, sign it. In signing or refusing to sign such amendment, supplement or waiver the Trustee shall be entitled to receive and, subject to Section 7.17.1 hereof, shall be fully protected in relying upon an Officers’ Certificate and an Opinion of Counsel stating that such amendment, supplement or waiver is authorized or permitted by this Indenture. The Company may not sign an amendment or supplement until the Board of Directors of the Company approves it.
Appears in 18 contracts
Samples: Axcelis Technologies Inc, Axcelis Technologies Inc, Axcelis Technologies Inc
Trustee to Sign Amendments, etc. The Trustee shall sign any amendment, supplement or waiver authorized pursuant to this Article 8 if the amendment, supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may, but need not, sign it. In signing or refusing to sign such amendment, supplement or waiver the Trustee shall be entitled to receive and, subject to Section 7.17.1 hereof, shall be fully protected in relying upon an Officers’ ' Certificate and an Opinion of Counsel stating that such amendment, supplement or waiver is authorized or permitted by this Indenture. The Company may not sign an amendment or supplement until the Board of Directors of the Company approves it.
Appears in 16 contracts
Samples: Dyax Corp, Moog Inc, Indenture (Scenic Outdoor Marketing of Consulting Inc)
Trustee to Sign Amendments, etc. The Trustee shall sign any amendment, supplement or waiver authorized pursuant to this Article 8 if the amendment, supplement or waiver does not adversely affect the rights, duties, liabilities or immunities rights of the Trustee. If it does, the Trustee may, may but need not, not sign it. In signing or refusing to sign such amendment, supplement or waiver the Trustee shall be entitled to receive and, subject to Section 7.1, shall be fully protected in relying upon an Officers’ Certificate and an Opinion of Counsel stating that such amendment, supplement or waiver is authorized or permitted by this Indenture. The Company may not sign an amendment or supplement until the Board of Directors of the Company approves it.. The Trustee, subject to Sections 7.01 and 7.02, shall be entitled to receive, and shall be fully protected in relying upon an Opinion of Counsel stating that any amendment, supplement or waiver is authorized by this Indenture and complies with the provisions of this Article Nine. ARTICLE TEN
Appears in 12 contracts
Samples: Circus Finance Ii, Circus Circus Enterprises Inc, Circus Finance Ii
Trustee to Sign Amendments, etc. The Trustee shall sign any amendment, supplement or waiver authorized pursuant to this Article 8 if the amendment, supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may, but need not, sign it. In signing or refusing to sign such amendment, supplement or waiver the Trustee shall be entitled to receive and, subject to Section 7.17.01 hereof, shall be fully protected in relying upon an Officers’ ' Certificate and an Opinion of Counsel stating that such amendment, supplement or waiver is authorized or permitted by this Indenture. The Company or any Guarantor may not sign an amendment or supplement until the Board of Directors of the Company or such Guarantor, as appropriate, approves it.
Appears in 9 contracts
Samples: Purchase Agreement (Paxson Communications Corp), Indenture (Outdoor Systems Inc), Indenture (Outdoor Systems Inc)
Trustee to Sign Amendments, etc. The Trustee shall sign any amendment, supplement or waiver authorized pursuant to this Article ARTICLE 8 if the amendment, supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may, but need not, sign it. In signing or refusing to sign such amendment, supplement or waiver the Trustee shall be entitled to receive and, subject to Section 7.1, shall be fully protected in relying upon an Officers’ Certificate and an Opinion of Counsel stating that such amendment, supplement or waiver is authorized or permitted by this Indenture. The Company may not sign an amendment or supplement until the Board of Directors of the Company approves it.
Appears in 9 contracts
Samples: Indenture (Verastem, Inc.), Indenture (Novavax Inc), And (Ironwood Pharmaceuticals Inc)
Trustee to Sign Amendments, etc. The Trustee shall sign any amendment, supplement or waiver authorized pursuant to this Article 8 if the amendment, supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may, but need not, sign it. In signing or refusing to sign such amendment, supplement or waiver the Trustee shall be entitled to receive and, subject to Section 7.17.01 hereof, shall be fully protected in relying upon an Officers’ ' Certificate and an Opinion of Counsel stating that such amendment, supplement or waiver is authorized or permitted by this Indenture. The Company may not sign an amendment or supplement until the Board of Directors of the Company approves it.
Appears in 4 contracts
Samples: Indenture (Cole National Group Inc), Indenture (Cole National Corp /De/), Antenna Tv Sa
Trustee to Sign Amendments, etc. The Trustee shall sign any amendment, restatement, supplement or waiver authorized pursuant to this Article 8 if the amendment, restatement, supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may, but need not, sign it. In signing or refusing to sign such amendment, restatement, supplement or waiver the Trustee shall be entitled to receive and, subject to Section 7.1, shall be fully protected in relying upon an Officers’ Certificate and an Opinion of Counsel stating that such amendment, restatement, supplement or waiver is authorized or permitted by this Indenture. The Company may not sign an amendment amendment, restatement or supplement until the Board of Directors of the Company approves it.
Appears in 2 contracts
Samples: Velo3D, Inc., Velo3D, Inc.
Trustee to Sign Amendments, etc. The Trustee shall sign any amendment, supplement or waiver authorized pursuant to this Article 8 if the amendment, supplement or waiver does not adversely affect the rights, duties, liabilities or immunities rights of the Trustee. If it does, the Trustee may, may but need not, not sign it. In signing or refusing to sign such amendment, supplement or waiver the Trustee shall be entitled to receive and, subject to Section 7.1, shall be fully protected in relying upon an Officers’ Certificate and an Opinion of Counsel stating that such amendment, supplement or waiver is authorized or permitted by this Indenture. The Company may not sign an amendment or supplement until the Board of Directors of the Company approves it.. The Trustee, subject to Sections 7.01 and 7.02, shall and an Officer's Certificate, each receive, and shall be fully protected in relying upon an Opinion of Counsel and an Officer's Certificate, each stating that any amendment, supplement or waiver is authorized by this Indenture and complies with the provisions of this Article Nine. ARTICLE TEN
Appears in 2 contracts
Samples: Mandalay Resort Group, Mandalay Resort Group
Trustee to Sign Amendments, etc. The Trustee shall sign any amendment, supplement or waiver authorized pursuant to this Article 8 if the amendment, supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may, but need not, sign it. In signing or refusing to sign such amendment, supplement or waiver the Trustee shall be entitled to receive and, subject to Section 7.17.1 hereof, shall be fully protected in relying upon an Officers’ Certificate and an Opinion of Counsel stating that such amendment, supplement or waiver is authorized or and permitted by this Indenture. The Company may not sign an amendment or supplement until the Board of Directors of the Company approves it.
Appears in 2 contracts
Samples: Biogen Inc., Biogen Inc.
Trustee to Sign Amendments, etc. The Trustee shall sign any amendment, amendment or supplement or waiver authorized pursuant to this Article 8 9 if the amendment, amendment or supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may, may but need not, not sign it. In signing or refusing to sign such amendmentamendment or supplement, supplement or waiver the Trustee shall be entitled to receive and, subject to Section 7.1, 7.1 shall be fully protected in relying upon an Officers’ Certificate and upon, an Opinion of Counsel stating that such amendment, amendment or supplement or waiver is authorized or permitted by this Indenture. The Neither the Company nor the Guarantors may not sign an amendment or supplement until the Board of Directors of the Company or the Guarantors, as the case may be, approves it.
Appears in 1 contract
Samples: Wolverine Tube Inc
Trustee to Sign Amendments, etc. The Trustee shall sign any amendment, supplement or waiver authorized pursuant to this Article 8 hereof if the amendment, supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may, but need not, sign it. In signing or refusing to sign such amendment, supplement or waiver the Trustee shall be entitled to receive and, subject to Section 7.17.1 hereof, shall be fully protected in relying upon an Officers’ Certificate and an Opinion of Counsel stating that such amendment, supplement or waiver is authorized or permitted by this Indenture. The Company may not sign an amendment or supplement until the Board of Directors of the Company approves it.
Appears in 1 contract
Samples: Indenture (Shore Bancshares Inc)
Trustee to Sign Amendments, etc. The Trustee shall sign any amendment, supplement or waiver authorized pursuant to this Article 8 if the amendment, supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may, but need not, sign it. In signing or refusing to sign such amendment, supplement or waiver the Trustee shall be entitled to receive and, subject to Section 7.1, shall be fully protected conclusively in relying upon an Officers’ Officer’s Certificate and an Opinion of Counsel stating that such amendment, supplement or waiver is authorized or permitted by this IndentureIndenture and constitutes the legal, valid and binding obligation of the Company enforceable against it in accordance with its terms. The Company may not sign an amendment or supplement until the Board of Directors of the Company approves it.
Appears in 1 contract
Samples: ServiceNow, Inc.
Trustee to Sign Amendments, etc. The Trustee shall sign any amendment, supplement or waiver authorized pursuant to this Article 8 if the amendment, supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may, but need not, sign it. In signing or refusing to sign such amendment, supplement or waiver the Trustee shall be entitled to receive and, subject to Section 7.17.01 hereof, shall be fully protected in relying upon an Officers’ ' Certificate and an Opinion of Counsel 91 100 stating that such amendment, supplement or waiver is authorized or permitted by this Indenture. The Company or any Guarantor may not sign an amendment or supplement until the Board of Directors of the Company or such Guarantor, as appropriate, approves it.
Appears in 1 contract
Trustee to Sign Amendments, etc. The Trustee shall sign any amendment, supplement or waiver authorized pursuant to this Article 8 if the amendment, supplement or waiver does not adversely affect the rights, duties, liabilities or immunities rights of the Trustee. If it does, the Trustee may, may but need not, not sign it. In signing or refusing to sign such amendment, supplement or waiver the Trustee shall be entitled to receive and, subject to Section 7.1, shall be fully protected in relying upon an Officers’ Certificate and an Opinion of Counsel stating that such amendment, supplement or waiver is authorized or permitted by this Indenture. The Company may not sign an amendment or supplement until the Board of Directors of the Company approves it. The Trustee, subject to Sections 7.01 and 7.02, shall be entitled to receive, and shall be fully protected in relying upon an Opinion of Counsel stating that any amendment, supplement or waiver is authorized by this Indenture and complies with the provisions of this Article Nine. ARTICLE TEN MEETINGS OF SECURITYHOLDERS SECTION 10.01.
Appears in 1 contract
Samples: Circus Circus Enterprises Inc
Trustee to Sign Amendments, etc. The Trustee shall sign any amendment, amendment or supplement or waiver authorized pursuant to this Article 8 X if the amendment, amendment or supplement or waiver does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may, may but need not, not sign it. In signing or refusing to sign such amendmentamendment or supplement, supplement or waiver the Trustee shall be entitled to receive and, subject to Section 7.18.01 hereof, shall be fully protected in relying upon an Officers’ Certificate and an Opinion of Counsel stating that such amendment, amendment or supplement or waiver is authorized or permitted by this Indenture. The Company may not sign an amendment or supplement until the Board of Directors of the Company its General Partner approves it.
Appears in 1 contract
Samples: Satisfaction and Discharge of Indenture (America First Real Estate Investment Partners L P)