Fibria definition
Examples of Fibria in a sentence
The Company, Fibria or any successor, as the case may be, shall also deliver to the Trustee an Opinion of Counsel stating that the Company, Fibria or any successor, as the case may be, would be obligated to pay Additional Amounts due to the changes in tax laws or regulations.
Prior to the publication or mailing of any notice of redemption pursuant to the preceding paragraph, the Company, Fibria or any successor shall deliver to the Trustee an Officer’s Certificate to the effect that the obligation of the Company, Fibria or any successor, as the case may be, to pay Additional Amounts cannot be avoided by the Company, Fibria or any successor taking reasonable measures available to it.
Each of the Company and Fibria hereby expressly waives (to the extent that it may lawfully do so) all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.
Upon making any payment with respect to any obligation of the Company under this Article XII, Fibria making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation; provided, however, that Fibria shall not be entitled to enforce, or to receive any payments arising out of or based upon, such right of subrogation until the principal of (and premium, if any, on) and interest on all Securities of the applicable series shall have been paid in full.
Notice of every meeting of Holders, setting forth the time and the place of such meeting and in general terms the action proposed to be taken at such meeting, shall be given to the Company, Fibria and the Holders, in the manner provided in Section 1.06, not less than 10 nor more than 60 days prior to the date fixed for the meeting.
Any Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate of, or representations by, an Officer or Officers of the Company or Fibria stating that the information with respect to such factual matters is in the possession of the Company or Fibria, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or representations with respect to such matters are erroneous.
In the event that Fibria becomes obligated to make payments under Article XII, then Fibria shall make such payments in accordance with the foregoing provisions of this Section 10.06 to the fullest extent applicable.
Upon satisfaction of the conditions set forth herein and upon request of the Company, the Trustee shall acknowledge in writing the discharge of the obligations of the Company and Fibria hereunder with respect to the Securities of that series, except those specified in Section 14.01(b).
To secure the payment obligations of the Company and Fibria in this Section 6.07, the Trustee shall have a lien prior to the Securities on all money or property held or collected by the Trustee, except that held in trust to pay principal of (and premium, if any, on) and interest on particular Securities.
The obligations of the Company and Fibria pursuant to this Section 6.07 shall survive the resignation or removal of the Trustee and the satisfaction and discharge of this Indenture.