Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 23 contracts
Samples: Texas Utilities (Texas Utilities Co /Tx/), Indenture (Texas Utilities Electric Co), Indenture (Minnesota Power & Light Co)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureAgreement, upon any application or request by the Company to the Trustee Purchase Contract Agent to take any action under in accordance with any provision of this IndentureAgreement, the Company shall, if requested by the Trustee, shall furnish to the Trustee Purchase Contract Agent an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Purchase Contract Agent, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement shall include:
Appears in 20 contracts
Samples: Purchase Contract Agreement (PPL Corp), Purchase Contract Agreement (Ucu Capital Trust I), Purchase Contract Agreement (Partnerre LTD)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request (except with respect to matters set forth in Article II) by the Company Company, any Owner Trustee or any Loan Trustee to the Trustee to take any action under any provision of this IndentureAgreement, the Company shallCompany, if requested by the such Owner Trustee or such Loan Trustee, as the case may be, shall furnish to the Trustee (i) an Officer's Certificate stating that that, in the opinion of the signers, all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and (ii) an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement (other than a certificate provided pursuant to Section 8.04(e)) shall include:
Appears in 15 contracts
Samples: Trust Agreement (America West Airlines Inc), Trust Agreement (America West Airlines Inc), Trust Agreement (America West Airlines Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Company, any Owner Trustee or any Loan Trustee to the Trustee to take any action under any provision of this IndentureAgreement, the Company shallCompany, if requested by the such Owner Trustee or such Loan Trustee, as the case may be, shall furnish to the Trustee (i) an Officer's Certificate stating that that, in the opinion of the signers, all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and (ii) an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement (other than a certificate provided pursuant to Section 8.04(d)) shall include:
Appears in 15 contracts
Samples: Trust Agreement (Atlas Air Inc), Trust Agreement (Midway Airlines Corp), Trust Agreement (Midway Airlines Corp)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureAgreement, upon any application or request by the Company to the Trustee Purchase Contract Agent to take any action under in accordance with any provision of this IndentureAgreement, the Company shall, if requested by the Trustee, shall furnish to the Trustee Purchase Contract Agent an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Purchase Contract Agent, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement (other than the Officers’ Certificate provided for in Section 10.05) shall include:
Appears in 14 contracts
Samples: Purchase Contract and Pledge Agreement (Avery Dennison Corporation), Purchase Contract and Pledge Agreement (Genworth Financial Inc), Purchase Contract and Pledge Agreement (E Trade Financial Corp)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee (a) an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and (b) an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 12 contracts
Samples: Western Massachusetts Electric Co, Indenture (Public Service Co of Oklahoma), Indenture (Central Power & Light Co /Tx/)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureAgreement, upon any application or request by the Company to the Trustee Purchase Contract Agent to take any action under in accordance with any provision of this IndentureAgreement, the Company shall, if requested by the Trustee, shall furnish to the Trustee Purchase Contract Agent an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Purchase Contract Agent, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement (other than pursuant to Section 10.5) shall include:
Appears in 12 contracts
Samples: Purchase Contract Agreement (Dqe Capital Corp), Purchase Contract Agreement (Sierra Pacific Resources /Nv/), Purchase Contract Agreement (Endurance Specialty Holdings LTD)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 11 contracts
Samples: Trust Indenture (Safeco Corp), Trust Indenture (Safeco Corp), Indenture (Mgic Investment Corp)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 11 contracts
Samples: Entergy Mississippi Inc, Indenture (Union Electric Co), Indenture (Ies Utilities Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureAgreement, upon any application or request by the Company to the Trustee Purchase Contract Agent to take any action under in accordance with any provision of this IndentureAgreement, the Company shall, if requested by the Trustee, shall furnish to the Trustee Purchase Contract Agent an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Purchase Contract Agent, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement (other than the Officers' Certificate provided for in Section 10.05) shall include:
Appears in 11 contracts
Samples: Purchase Contract Agreement (Baxter International Inc), Purchase Contract Agreement (Phoenix Companies Inc/De), Purchase Contract Agreement (Hartford Financial Services Group Inc/De)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 11 contracts
Samples: Indenture (National Fuel Gas Co), Indenture (National Fuel Gas Co), Indenture (DPL Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Issuer to the Trustee to take or refrain from taking any action under any provision this Indenture (except that an Opinion of this IndentureCounsel shall not be provided in connection with an initial issuance), the Company shall, if requested by the Trustee, Issuer shall furnish to the Trustee an Officer's ’s Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 10 contracts
Samples: Indenture (PennyMac Financial Services, Inc.), Indenture (Mr. Cooper Group Inc.), Indenture (PennyMac Financial Services, Inc.)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if anyany (including any covenants the compliance with which constitutes a condition precedent, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, any (including any covenants the compliance with which constitutes a condition precedent) have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 10 contracts
Samples: Satisfaction And (Landrys Seafood Restaurants Inc), Indenture (Veritas DGC Inc), Indenture (Key Energy Services Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 10 contracts
Samples: Indenture (Noble Holding International LTD), Indenture (Noble Holding International LTD), Indenture (Noble Holding International LTD)
Compliance Certificates and Opinions. Except as otherwise expressly provided in or pursuant to this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 10 contracts
Samples: Indenture (Nymagic Inc), Indenture (Performance Food Group Co), Indenture (Nymagic Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon (a) Upon any application or request by the Company Issuer to the Indenture Trustee to take any action under any provision of this IndentureIndenture or any Supplement, the Company shall, if requested by the Trustee, Issuer shall furnish to the Indenture Trustee an Officer's Certificate a certificate stating that all conditions precedent, if any, provided for in this Indenture and any relevant Supplement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if deemed reasonably necessary by the Indenture Trustee or if required pursuant to the terms of this Indenture, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 10 contracts
Samples: Management Agreement (Textainer Group Holdings LTD), Intercreditor Collateral Agreement (CAI International, Inc.), Administration Agreement (Textainer Group Holdings LTD)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, any (including any covenants the compliance with which constitutes a condition precedent provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, any (including any covenants the compliance with which constitutes a condition precedent) have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 9 contracts
Samples: Indenture (Key Energy Services Inc), Indenture (Grey Wolf Inc), Indenture (Grey Wolf Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shallCompany, if requested by the Trustee, Guarantors and any other obligor on the Notes will furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) relating to the proposed action have been complied with with, and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents documents, certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall will include:
Appears in 9 contracts
Samples: Indenture (Saks Inc), Indenture (Saks Inc), Indenture (Saks Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this IndentureIndenture (other than the delivery of any Debt Security to the Trustee for authentication pursuant to Section 303), the Company shallshall furnish to the Trustee, if so requested by the Trustee, furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 9 contracts
Samples: Indenture (Indymac Bancorp Inc), Indenture (Popular Inc), Indenture (Wells Fargo & Co/Mn)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, furnish to the Trustee an Officer's Certificate stating that in the opinion of the Authorized Officer executing such Officer's Certificate all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 9 contracts
Samples: Indenture (Txu Corp /Tx/), Indenture (Txu Corp /Tx/), Indenture (Txu Energy Co LLC)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if anyany (including any covenants the compliance with which constitutes a condition precedent), provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if anyany (including any covenants the compliance with which constitutes a condition precedent), have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 8 contracts
Samples: Indenture (Ensco International Inc), Indenture (Stewart Enterprises Inc), Stewart Enterprises Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 8 contracts
Samples: Indenture (Public Service Co of Oklahoma), Indenture (PPL Electric Utilities Corp), Indenture (Southern Investments Uk PLC)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon (a) Upon any application or request by the Company Issuer to the Indenture Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, Issuer shall furnish to the Indenture Trustee and the Note Insurer an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel (with a copy to the Note Insurer), if requested by the Indenture Trustee, stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 7 contracts
Samples: Indenture (Wachovia Mortgage Loan Trust, LLC), Wachovia Asset Funding Trust, LLC, Indenture (Residential Asset Funding Corp)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shalland the Guarantor shall each, if requested by the Trustee, furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 7 contracts
Samples: Indenture (Txu Europe Funding I L P), Indenture (Txu Eastern Holdongs LTD), Txu Europe Funding I L P
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents document is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 7 contracts
Samples: Indenture (Thermotrex Corp), Thermo Electron Corp, Thermo Electron Corp
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company Issuer or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallIssuer or the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an OfficerOfficers' Certificate or a Guarantor's Certificate Officers' Certificate, as the case may be, stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 7 contracts
Samples: Indenture (Tanger Properties LTD Partnership /Nc/), Indenture (Highwoods Forsyth L P), Indenture (Reckson Associates Realty Corp)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon (a) Upon any application or request by the Company to the Trustee (including in its capacity as Paying Agent) (other than with respect to routine operations of the Trustee or the Paying Agent) to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee (i) an Officer's ’s Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and (ii) an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any other provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:furnished beyond what such provision otherwise requires.
Appears in 7 contracts
Samples: Indenture (Tiptree Inc.), Senior Indenture (Affiliated Managers Group, Inc.), Indenture (Affiliated Managers Group, Inc.)
Compliance Certificates and Opinions. Except as otherwise expressly provided in or pursuant to this Indenture, upon any application or request by the Company Operating Partnership or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallOperating Partnership or the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 7 contracts
Samples: Indenture (Corporate Office Properties, L.P.), Indenture, Indenture (Corporate Office Properties, L.P.)
Compliance Certificates and Opinions. Except as otherwise expressly provided in or pursuant to this Indenture, upon any application or request by the Company or a Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor such Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Officers’ Certificate or a Guarantor’s Officers’ Certificate, as the case may be, stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 6 contracts
Samples: Indenture (KKR Financial Holdings IV, LLC), Indenture (Brandwein a & Co), Indenture (Brandwein a & Co)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 6 contracts
Samples: Indenture (Renaissancere Holdings LTD), Reconciliation and Tie (RJE Telecom of California, Inc.), Reconciliation And (RJE Telecom of California, Inc.)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Certificate stating that in the opinion of the Authorized Officer executing such Officer's Certificate all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 6 contracts
Samples: Trust Agreement (Allete Capital Iii), Oncor Electric Delivery Co, Mdu Resources Group Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Certificate or a Guarantor's Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 6 contracts
Samples: Indenture (Delhaize America Inc), Ace LTD, Ace Ina Holdings Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by and any other obligor on the Trustee, Securities will furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) relating to the proposed action have been complied with with, and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents documents, certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall will include:
Appears in 6 contracts
Samples: Indenture (Golden Sky Systems Inc), Indenture (Optel Inc), Westpoint Stevens Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request (except with respect to matters set forth in Article II) by the Company Company, any Owner Trustee or any Loan Trustee to the Trustee to take any action under any provision of this IndentureAgreement, the Company shallCompany, if requested by the such Owner Trustee or such Loan Trustee, as the case may be, shall furnish to the Trustee (i) an Officer's Certificate stating that that, in the opinion of the signers, all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and (ii) an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement (other than a certificate provided pursuant to Section 8.04(d)) shall include:
Appears in 6 contracts
Samples: Trust Agreement (Amtran Inc), Trust Agreement (Amtran Inc), Trust Agreement (Amtran Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's ’s Certificate or a Guarantor’s Officer’s Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 6 contracts
Samples: Ace Ina Holdings Inc, Indenture (Assured Guaranty US Holdings Inc.), Assured Guaranty (Assured Guaranty US Holdings Inc.)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, such action is authorized or permitted by this Indenture and that all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 6 contracts
Samples: Partnerre LTD, Junior Subordinated Indenture (Partnerre LTD), Indenture (PartnerRe Finance B LLC)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this IndentureIndenture that requires that the Company comply with any conditions precedent before the Trustee shall take such action, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel Counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 5 contracts
Samples: Indenture (Tampa Electric Co), Indenture (Tampa Electric Co), Indenture (Teco Energy Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, Indenture upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's ’s Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than certificates provided pursuant to Section 704(4)) shall include:
Appears in 5 contracts
Samples: Indenture (Core Molding Technologies Inc), Indenture (Core Molding Technologies Inc), Indenture (Fox Factory Holding Corp)
Compliance Certificates and Opinions. Except as otherwise expressly provided in or pursuant to this Indenture, upon any application or request by the Company Operating Partnership or any Guarantor, as applicable, to the Trustee to take any action under any provision of this Indenture, the Company shallOperating Partnership or such Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every Each certificate or opinion with respect to compliance with a condition or covenant provided for in this the Indenture shall (other than certificates delivered pursuant to Section 1007) must include:
Appears in 5 contracts
Samples: Indenture (Dupont Fabros Technology, Inc.), Dupont Fabros (Rhino Equity LLC), Indenture (Brixmor Operating Partnership LP)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by and the Trustee, Guarantor shall each furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 5 contracts
Samples: Pp&l Capital Funding Inc, Pp&l Capital Funding Inc, Pp&l Resources Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in or pursuant to this Indenture, upon any application or request by the Company or any Guarantor, as applicable, to the Trustee to take any action under any provision of this Indenture, the Company shallor such Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's ’s Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every Each certificate or opinion with respect to compliance with a condition or covenant provided for in this the Indenture shall (other than certificates delivered pursuant to Section 1007) must include:
Appears in 5 contracts
Samples: Indenture (Apple Hospitality REIT, Inc.), Indenture (Apple Hospitality REIT, Inc.), Indenture (Apple Hospitality REIT, Inc.)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company or ADT Limited, on its own behalf or on behalf of any Guarantor, to the Trustee to take any action under any provision of this Indenture, the Company shallor ADT Limited, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than pursuant to Section 1008(a)) shall include:
Appears in 4 contracts
Samples: Tyco International LTD /Ber/, Tyco International LTD /Ber/, Tyco International LTD /Ber/
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by shall furnish to the Trustee, furnish to the Trustee extent required by the TIA or this Indenture, (i) an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant, compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and (ii) an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 4 contracts
Samples: Cross Timbers Oil Co, Basin Exploration Inc, Hs Resources Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if anyany (including any covenants the compliance with which constitutes a condition precedent), provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if anyany (including any covenants the compliance with which constitutes a condition precedent), have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 4 contracts
Samples: Indenture (Iveda Solutions, Inc.), Indenture (Duos Technologies Group, Inc.), Esports Entertainment (Esports Entertainment Group, Inc.)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureUnit Agreement, upon any application or request by the Company or the Trust, as applicable, to the Trustee Unit Agent to take any action under in accordance with any provision of this IndentureUnit Agreement, the Company shallor the Trust, if requested by the Trusteeas applicable, shall furnish to the Trustee Unit Agent an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture Unit Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Unit Agent, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Unit Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Unit Agreement shall include:
Appears in 4 contracts
Samples: Unit Agreement (New York Community Capital Trust I), Unit Agreement (New York Community Bancorp Inc), Unit Agreement (New York Community Bancorp Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel such action is authorized or permitted by this Indenture and that all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 4 contracts
Samples: Platinum Underwriters Holdings LTD, Platinum Underwriters Holdings LTD, Platinum Underwriters Holdings LTD
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, such action is authorized or permitted by this Indenture and that all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 4 contracts
Samples: Indenture (Partnerre LTD), Indenture (Partnerre LTD), Partnerre LTD
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, including any request to authenticate and deliver Securities of any series pursuant to Section 303, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Indenture, other than certificates provided pursuant to Section 704(4), shall include:
Appears in 4 contracts
Samples: Nationwide Health Properties Inc, Nationwide Health Properties Inc, Nationwide Health Properties Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take or refrain from taking any action under any provision of this Indenture, the Company shall, and any other obligor on the Notes (if requested by the Trustee, applicable) shall furnish to the Trustee an Officer's Officers’ Certificate stating that that, in the opinion of the signer, all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and and, if requested by the Trustee, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 4 contracts
Samples: Indenture (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment Trust, Inc.), Wheeler Real Estate Investment Trust, Inc.
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureAgreement, upon any application or request by the Company to the Trustee Purchase Contract Agent to take any action under any provision of this IndentureAgreement, the Company shall, if requested by the Trustee, shall furnish to the Trustee Purchase Contract Agent an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Purchase Contract Agent, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement (other than the Officers' Certificate provided for in Section 10.05) shall include:
Appears in 4 contracts
Samples: Purchase Contract Agreement (Oneok Inc /New/), Purchase Contract Agreement (PNM Resources Inc), Purchase Contract Agreement (Oneok Inc /New/)
Compliance Certificates and Opinions. (a) Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company Issuer to the Trustee to that the Trustee take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, Issuer shall furnish to the Trustee an Officer's ’s Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if so requested by the Trustee, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such particular application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 4 contracts
Samples: Indenture (Ambev S.A.), Indenture (InBev Corporate Holdings Inc.), Indenture (American Beverage Co Ambev)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon (a) Upon any application or request by the Company to the Trustee to take any action under any provision of this the Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's ’s Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action any (including any covenants compliance with which constitutes a condition precedent) ), provided for in the Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if anyany (including any covenants compliance with which constitutes a condition precedent), have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this the Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 4 contracts
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Issuers (an “Issuers’ Request”) to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, Issuers shall furnish to the Trustee an Officer's Officers’ Certificate in form and substance reasonably acceptable to the Trustee stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than certificates provided pursuant to Section 1016(a)) shall include:
Appears in 4 contracts
Samples: Mediacom Broadband (Mediacom Broadband Corp), Mediacom Broadband (Mediacom Broadband Corp), Mediacom Capital Corp
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Issuer or the Guarantors to the Trustee for any series of Securities to take any action under any provision of this IndentureIndenture or any supplement hereto, the Company shallIssuer and/or the Guarantors, if requested by as the Trusteecase may be, shall furnish to the such Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with with, and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate (other than certificates provided pursuant to Section 1004) or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 3 contracts
Samples: Indenture (Sovran Acquisition LTD Partnership), Sovran Acquisition LTD Partnership, Indenture (CubeSmart, L.P.)
Compliance Certificates and Opinions. Except as otherwise expressly provided in or pursuant to this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 3 contracts
Samples: Abb LTD, Abb LTD, Indenture (ABB Finance (USA) Inc.)
Compliance Certificates and Opinions. Except as otherwise expressly provided in or pursuant to this Indenture, upon any application or request by the Company or a Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 3 contracts
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this IndentureIndenture (other than the delivery of any Debt Security to the Trustee for authentication pursuant to Section 303), the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than certificates provided pursuant to Section 704(4)) shall include:
Appears in 3 contracts
Samples: Indenture (Bankamerica Corp/De/), Indenture (Bankamerica Corp/De/), Indenture (Bankamerica Corp/De/)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Certificate Issuer to the Certificate Trustee to take any action under any provision of this Certificate Indenture, the Company shall, if requested by the Trustee, Certificate Issuer shall furnish to the Certificate Trustee an Officer's ’s Certificate stating that that, in the opinion of the signer thereof, all conditions precedent, if any, provided for in this Certificate Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Certificate Trustee, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Certificate Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Certificate Indenture shall include:
Appears in 3 contracts
Samples: Section Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Section Indenture (OE Funding LLC), Section Indenture (OE Funding LLC)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shallCompany, each Subsidiary Guarantor, if requested by any, and any other obligor on the Trustee, Notes will furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) relating to the proposed action have been complied with with, and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents documents, certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate Officers' Certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture shall will include:
Appears in 3 contracts
Samples: Indenture (Rhythms Net Connections Inc), Indenture (Rhythms Net Connections Inc), Rhythms Net Connections Inc
Compliance Certificates and Opinions. (a) Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company Issuer to the Trustee to that the Trustee take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, Issuer shall furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if so requested by the Trustee, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such particular application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 3 contracts
Samples: Indenture (Petrobras International Finance Co), Indenture (American Beverage Co Ambev), Indenture (American Beverage Co Ambev)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, furnish to the Trustee an Officer's Certificate stating that in the opinion of the Person signing such Officer's Certificate all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 3 contracts
Samples: Indenture (Nice Systems LTD), Nice Systems LTD, Txu Australia Holdings Partnership L P
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee Trustees to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee Trustees an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and and, if requested by the Trustee, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than pursuant to Section 10.04) shall include:
Appears in 3 contracts
Samples: Zymeworks Inc., Zymeworks Inc., Indenture (Pretium Resources Inc.)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon (a) Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's ’s Certificate stating that all conditions precedent, if anyany (including any covenants compliance with which constitutes a condition precedent), provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if anyany (including any covenants compliance with which constitutes a condition precedent), have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 3 contracts
Samples: Indenture (Dana Inc), Dana Inc, Indenture (Dana Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureWarrant Agreement, upon any application or request by the Company or the Trust, as applicable, to the Trustee Warrant Agent to take any action under in accordance with any provision of this IndentureWarrant Agreement, the Company shallor the Trust, if requested by the Trusteeas applicable, shall furnish to the Trustee Warrant Agent an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture Warrant Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Warrant Agent, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Warrant Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Warrant Agreement shall include:
Appears in 3 contracts
Samples: Warrant Agreement (New York Community Bancorp Inc), Warrant Agreement (New York Community Bancorp Inc), Warrant Agreement (New York Community Capital Trust I)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon (a) Upon any application or request by the Company Issuer or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by Issuer or the Trustee, Guarantor shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel such action is authorized or permitted by this Indenture and that all such conditions precedent, if any, have been complied with; and, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 3 contracts
Samples: Indenture (Qimonda Finance LLC), Indenture (Qimonda Finance LLC), Indenture (Qimonda Finance LLC)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company or the Guarantors to the Trustee to take any action under any provision of this Indenture, the Company shalland the Guarantors, if requested by as applicable, shall furnish to the Trustee, furnish to the Trustee extent required by the TIA or this Indenture, (i) an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant, compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and (ii) an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 3 contracts
Samples: Supplemental Indenture (Grey Wolf Inc), Supplemental Indenture (Grey Wolf Inc), Di Industries Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by and any other obligor on the Trustee, Notes will furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) relating to the proposed action have been complied with with, and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents documents, certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall will include:
Appears in 3 contracts
Samples: Indenture (Verio Inc), Verio Inc, Verio Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, and any other obligor on the Securities (if requested by the Trustee, applicable) shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with with, and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents certificates or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 3 contracts
Samples: Indenture (Park Place Entertainment Corp), Park Place Entertainment Corp, Park Place Entertainment Corp
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, where appropriate as to matters of law, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 3 contracts
Samples: Xl Capital LTD, Xl Capital LTD, Xl Capital LTD
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Certificate of the Company or the Guarantor, as applicable, stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 3 contracts
Samples: Indenture (Elan Corp PLC), Funding Agreement (Elan Corp PLC), Limited Waiver (Elan Corp PLC)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Issuer or the Guarantors to the Trustee for any series of Securities to take any action under any provision of this IndentureIndenture or any supplement hereto, the Company shallIssuer and/or the Guarantors, if requested by as the Trusteecase may be, shall furnish to the such Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with with, and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate (other than certificates provided pursuant to Section 1004) or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 3 contracts
Samples: Brandywine Realty Trust, Brandywine Operating Partnership Lp /Pa, Lexington Master Limited Partnership
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company Issuer to the Trustee to that the Trustee take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, Issuer shall furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if so requested by the Trustee, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such particular application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 3 contracts
Samples: Indenture (NRG Energy Inc), Guarantee Agreement (Somerset Power LLC), Northeast Generation Co
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Co-Issuers to the Trustee to take or refrain from taking any action under any provision of this Indenture, the Company shall, if requested by the Trustee, Co-Issuers shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than pursuant to Section 1008(a)) shall include:
Appears in 2 contracts
Samples: Supplemental Indenture (Infosat Communications LP), Supplemental Indenture (Infosat Communications LP)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company any Indenture Obligor to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, such Indenture Obligor shall furnish to the Trustee an Officer's Certificate Officers' Certificate, in form and substance satisfactory to the Trustee, stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents documents, certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Security Agreement (Pioneer Companies Inc), Pioneer Companies Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this IndentureIndenture (other than in connection with the delivery of any Security offered in a Periodic Offering to the Trustee for authentication pursuant to Section 303), the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than pursuant to Section 1008) shall include:
Appears in 2 contracts
Samples: Viacom Inc, Viacom Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureAgreement, upon any application or request by the Company to the Trustee Purchase Contract Agent to take any action under any provision of this IndentureAgreement, the Company shall, if requested by the Trustee, shall furnish to the Trustee Purchase Contract Agent an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Purchase Contract Agent, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, such action is authorized or permitted by this Agreement and that all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement shall include:
Appears in 2 contracts
Samples: Purchase Contract Agreement (Lazard Group Finance LLC), Purchase Contract Agreement (Lazard LTD)
Compliance Certificates and Opinions. (a) Except as otherwise expressly provided in this Indentureherein, upon any application or request by the Company or any Guarantor, as applicable, to the Trustee (other than with respect to routine operations of the Trustee) to take any action under any provision of this Indenture, the Company shall, if requested by upon request of the Trustee, the Company or such Guarantor, as the case may be, shall furnish to the Trustee (i) an Officer's ’s Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and (ii) an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 2 contracts
Samples: Supplemental Indenture (LPL Holdings, Inc.), Indenture (LPL Holdings Inc)
Compliance Certificates and Opinions. (a) Except as otherwise expressly provided in this IndentureTrust Agreement, upon any application or request by the Company Depositor to the any Trustee to take any action under any provision of this IndentureTrust Agreement, the Company Depositor shall, if requested by the such Trustee, furnish to the such Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture Trust Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Trust Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 2 contracts
Samples: Trust Agreement (Montana Power Capital I), Trust Agreement (Montana Power Co /Mt/)
Compliance Certificates and Opinions. Except as otherwise expressly provided in or pursuant to this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Indenture (Radisys Corp), Radisys Corp
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureAgreement, upon any application or request by the Company to the Trustee Agent or Collateral Agent to take any action under any provision of this IndentureAgreement, the Company shallCompany, if requested by the Trusteeas applicable, shall furnish to the Trustee Agent or Collateral Agent an Officer's ’s Certificate of the Company and, if relevant, of the Guarantor, stating that all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel of the Company and, if relevant, of the Guarantor stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement shall include:
Appears in 2 contracts
Samples: Unit Agreement (Morgan Stanley Finance LLC), Unit Agreement (Morgan Stanley Capital Trust Iv)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantors to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantors, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Certificate or a Guarantors' Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Indenture (FCC Acquisitions Corp), Performance Materials I Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shallCompany, if requested by any Guarantor and any other obligor on the Trustee, Securities of any series shall furnish to the Trustee an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents documents, certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Reconciliation And (Capital Automotive Reit), Note (Capital Automotive Reit)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureAgreement, upon any application or request by the Company to the Trustee Warrant Agent to take any action under in accordance with any provision of this IndentureAgreement, the Company shall, if requested by the Trustee, shall furnish to the Trustee Warrant Agent an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Warrant Agent, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement shall include:
Appears in 2 contracts
Samples: Warrant Agreement (Citizens Communications Co), Warrant Agreement (Citizens Communications Co)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureAgreement, upon any application or request by the Company to the Trustee Agent to take any action under any provision of this IndentureAgreement, the Company shall, if requested by the Trustee, shall furnish to the Trustee Agent an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Agent, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, such action is authorized or permitted by this Agreement and that all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement shall include:
Appears in 2 contracts
Samples: Purchase Contract Agreement (Xl Capital LTD), Purchase Contract Agreement (Union Planters Corp)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureAgreement, upon any application or request by the Company to the Trustee Purchase Contract Agent to take any action under in accordance with any provision of this IndentureAgreement, the Company shall, if requested by the Trustee, shall furnish to the Trustee Purchase Contract Agent an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Purchase Contract Agent, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate Officers’ Certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement shall include:
Appears in 2 contracts
Samples: Purchase Contract Agreement (Citigroup Inc), Purchase Contract Agreement (Citigroup Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company or any Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallCompany, if requested by any Guarantor and any other obligor on the Trustee, Securities shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and with, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents documents, certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: First Supplemental Indenture (Styrochem International LTD), Styrochem International Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shallor the Guarantor, if requested by as the Trusteecase may be, shall furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Indenture (PPL Capital Funding Inc), PPL Corp
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company Issuers to the Indenture Trustee to that the Indenture Trustee take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, Issuers shall furnish to the Indenture Trustee an Officer's Issuers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such particular application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Indenture (Williams Companies Inc), Indenture (Williams Communications Group Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company or the Guarantor, as the case may be, shall, if requested by the Trustee, furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnishedfurnished except as specifically contemplated by such provision of this Indenture. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Agl Capital Trust Iii, Agl Resources Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company Issuer or the Partnership to the Trustee to take any action under any provision of this Indenture, the Company shallIssuer, if requested by the Trustee, Partnership and any other obligor on the Senior Notes shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with with, and an Opinion of Counsel stating to the effect that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents any certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate Officers' Certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Trumps Castle Associates Lp, Trumps Castle Associates Lp
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by and any other obligor on the Trustee, Notes shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) relating to the proposed action have been complied with with, and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents documents, certificates and/or opinions is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Indenture (Atrium Corp), Atrium Corp
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureAgreement, upon any application or request by the Company to the Trustee Purchase Contract Agent to take any action under in accordance with any provision of this IndentureAgreement, the Company shall, if requested by the Trustee, shall furnish to the Trustee Purchase Contract Agent an Officer's Officers’ Certificate stating that all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Purchase Contract Agent, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement shall include:
Appears in 2 contracts
Samples: Purchase Contract Agreement (Phoenix Companies Inc/De), Purchase Contract Agreement (Pp&l Capital Funding Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this IndentureAgreement, upon any application or request by the Company to the Trustee Purchase Contract Agent to take any action under any provision of this IndentureAgreement, the Company shall, if requested by the Trustee, shall furnish to the Trustee Purchase Contract Agent an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture Agreement relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if requested by the Purchase Contract Agent, an Opinion of Counsel stating that that, in the opinion of such counsel counsel, such action is authorized or permitted by this Agreement and that all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture Agreement relating to such particular application or request, no additional certificate or opinion need be furnishedfurnished and except no such Opinion of Counsel will be required in connection with the initial issuance of the Normal Units on the date hereof. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture Agreement shall include:
Appears in 2 contracts
Samples: Purchase Contract Agent Purchase Contract Agreement (Xl Capital LTD), Purchase Contract Agreement (Xl Capital LTD)
Compliance Certificates and Opinions. Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company or any Subsidiary Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, and/or such Subsidiary Guarantor shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Indenture (Primero Gas Marketing Co Inc), Primero Gas Marketing Co Inc
Compliance Certificates and Opinions. (a) Except as otherwise expressly provided in by this Indenture, upon any application or request by the Company Issuer to the Indenture Trustee to that the Indenture Trustee take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, Issuer shall furnish to the Indenture Trustee an Officer's ’s Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and and, if so requested by the Indenture Trustee, an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such particular application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:.
Appears in 2 contracts
Samples: Insurance Trust Agreement (Brasil Telecom Sa), Insurance Trust Agreement (Brasil Telecom Holding Co)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Montana Power Capital I, Montana Power Co /Mt/
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by shall furnish to the Trustee, furnish to the Trustee extent required by the Trust Indenture Act, an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants covenant compliance with which constitutes a condition precedent) relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than pursuant to Section 1004) shall include:
Appears in 2 contracts
Samples: Suncor Energy Inc, Suncor Energy Inc
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by and the Trustee, Guarantor each shall furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except it being understood that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Indenture (Dqe Capital Corp), Dqe Capital Corp
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, shall furnish to the Trustee an Officer's Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and or an Opinion of Counsel stating that that, in the opinion of such counsel counsel, all such conditions precedent, if any, have been complied with, except that that, in the case of any such application or request as to which the furnishing of such documents or any of them is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Any Officers' Certificate will comply with Section 314(e) of the Trust Indenture Act. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
Samples: Indenture (Selective Insurance Group Inc), Indenture (Selective Insurance Group Inc)
Compliance Certificates and Opinions. Except as otherwise expressly provided in this Indenture, upon any application or request by the Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by and the TrusteeGuarantor shall each, furnish to the Trustee an Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action (including any covenants compliance with which constitutes a condition precedent) have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include:
Appears in 2 contracts
