Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 21 contracts
Samples: Reconciliation And (Provident Companies Inc /De/), Indenture (Wellsford Residential Property Trust), Indenture (Capstone Turbine Corp)
Compliance Certificates and Opinions. 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 or such Guarantor, as the case may be, shall furnish to the Trustee an Officers' Officer’s Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 furnishedfurnished except as required under Section 314(c) of the Trust Indenture Act. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (excluding except for certificates delivered pursuant to provided for in Section 101010.5) shall include:
Appears in 16 contracts
Samples: Sun Communities Inc, Sun Communities Operating Limited Partnership, Just Energy Group Inc.
Compliance Certificates and Opinions. 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 furnish to the Trustee Trustees an Officers' Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 101010.04) shall include:
Appears in 15 contracts
Samples: Cybin (Cybin Inc.), Energy Fuels Inc, KWESST Micro Systems Inc.
Compliance Certificates and Opinions. 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 or such Guarantor, as the case may be, shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding except for certificates delivered pursuant to provided for in Section 10101004) shall include:
Appears in 14 contracts
Samples: Indenture (KKR & Co. Inc.), Indenture (KKR & Co. Inc.), Indenture (KKR & Co. Inc.)
Compliance Certificates and Opinions. 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 furnish to the Trustee Trustees an Officers' Officer’s Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 101010.04) shall include:
Appears in 10 contracts
Samples: Indenture (Bragg Gaming Group Inc.), Indenture (Engine Media Holdings, Inc.), Indenture (Acreage Holdings, Inc.)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 9 contracts
Samples: Indenture (Prologis Yen Finance LLC), Indenture (Prologis, L.P.), Indenture (Prologis Yen Finance LLC)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 8 contracts
Samples: Credit Agreement (Level 3 Communications Inc), Level 3 Communications Inc, Level 3 Communications Inc
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101008(a)) shall include:
Appears in 8 contracts
Samples: Indenture (Primus Telecommunications Group Inc), Indenture (World Access Inc /New/), Facilicom International Inc
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101008(a)) shall include:
Appears in 8 contracts
Samples: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Aircastle LTD)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee (i) an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions precedent) relating to the proposed action have been complied with 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 (excluding certificates delivered other than pursuant to Section 101010.05) shall include:
Appears in 8 contracts
Samples: Apollo Debt Solutions BDC, HPS Corporate Lending Fund, CION Investment Corp
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101004) shall include:
Appears in 8 contracts
Samples: Indenture (Complete Management Inc), Indenture (Borg Warner Automotive Inc), Indenture (Complete Management Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 1010904) shall include:
Appears in 7 contracts
Samples: Indenture (New Gold Inc. /FI), Indenture (Field Trip Health Ltd.), Indenture (Osisko Gold Royalties LTD)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101008(a)) shall include:
Appears in 7 contracts
Samples: Indenture (Teligent Inc), Indenture (Teligent Inc), Indenture (Euronet Services Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (other than the certificates required by Section 1004) with respect to compliance with a covenant or condition or covenant provided for in this Indenture (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 7 contracts
Samples: Indenture (Oneok Inc /New/), Indenture (Oneok Inc /New/), Indenture (Atmos Energy Corp)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101004) shall include:
Appears in 6 contracts
Samples: Indenture (Boston Scientific Corp), Indenture (Husky Energy Inc), Indenture (BSC Capital Trust Iii)
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer to the Trustee to take any action under any provision of this Indenture, the Company Issuer shall furnish to the Trustee an Officers' Officer’s Certificate stating that that, in the opinion of the signers thereof, all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions precedent) relating to the proposed action have been complied with 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 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 (excluding certificates delivered pursuant to Section 1010) or any indenture supplemental hereto shall include:
Appears in 5 contracts
Samples: Trust Indenture (Avolon Holdings LTD), Trust Indenture (Genesis Lease LTD), Trust Indenture (AerCap Holdings N.V.)
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer to the Trustee to take any action under any provision of this Indenture, the Company Issuer shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 5 contracts
Samples: Indenture (Level 3 Communications Inc), Indenture (Level 3 Communications Inc), Purchase Agreement (Level 3 Communications Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101009(a)) shall include:
Appears in 5 contracts
Samples: Indenture (Qwest Communications International Inc), Qwest Communications International Inc, Qwest Communications International Inc
Compliance Certificates and Opinions. Upon any application or request by the Company to the Indenture Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Indenture Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding including certificates delivered pursuant to Section 101010.09) shall include:
Appears in 5 contracts
Samples: Indenture (Beazer Homes Usa Inc), Indenture (Lexington Corporate Properties Trust), Lexington Corporate Properties Inc
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant or condition compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101004) shall include:
Appears in 5 contracts
Samples: Indenture (Coca-Cola European Partners Us, LLC), Indenture (Medicinova Inc), Lifevantage Corp
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101008) shall include:
Appears in 5 contracts
Samples: Indenture (Fleming Companies Inc /Ok/), Atlantic Coast Entertainment Holdings Inc, Fleming Companies Inc /Ok/
Compliance Certificates and Opinions. Upon any application or request by the Company Partnership or a Guarantor to the Trustee to take any action under any provision of this Indenture, the Company Partnership or such Guarantor, as the case may be, shall furnish to the Trustee an Officers' Officer’s Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 furnishedfurnished except as required under Section 314(c) of the Trust Indenture Act. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (excluding except for certificates delivered pursuant to provided for in Section 101010.5) shall include:
Appears in 4 contracts
Samples: Sanchez Production Partners LP, Sanchez Production Partners LP, Indenture (Cheniere Energy Partners, L.P.)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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, including, without limitation, the certificate of authentication provided pursuant to Section 303, 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 (excluding certificates delivered other than pursuant to Section 10101004) shall include:
Appears in 4 contracts
Samples: Indenture (Cendant Corp), Cendant Corp, Cendant Corp
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10109.4) shall include:
Appears in 4 contracts
Samples: Taseko Mines LTD, High Tide Inc., Northern Dynasty Minerals LTD
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' a Compliance Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenants the compliance with which constitute conditions 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 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 (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 4 contracts
Samples: Partner Guaranty Agreement (Huntway Partners L P), Intercreditor Agreement (Huntway Partners L P), Partner Guaranty Agreement (Huntway Partners L P)
Compliance Certificates and Opinions. Upon any application or request by the Company Partnership or the Guarantor to the Trustee to take any action under any provision of this Indenture, the Company Partnership or the Guarantor, as the case may be, shall furnish to the Trustee an 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 (including covenants, compliance with which constitute conditions 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 (excluding including certificates delivered pursuant to Section 10101008) shall include:
Appears in 4 contracts
Samples: Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa)
Compliance Certificates and Opinions. 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 or such Guarantor, as the case may be, shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding except for certificates delivered pursuant to provided for in Section 101010.04) shall include:
Appears in 4 contracts
Samples: Indenture (KKR & Co. Inc.), Indenture (KKR & Co. Inc.), Indenture (Carlyle Group L.P.)
Compliance Certificates and Opinions. 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 or such Guarantor, as the case may be, shall furnish to the Trustee an Officers' Officer’s Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding except for certificates delivered pursuant to provided for in Section 10101004) shall include:
Appears in 4 contracts
Samples: Indenture (Ares Management Corp), Indenture (Ares Management Corp), Indenture (Ares Management Lp)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, other than an action permitted by Sections 2.5 and 7.4 hereof, the Company shall furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 3 contracts
Samples: Senior Debt Indenture (Adelphia Communications Corp), Insight Communications Co Inc, Adelphia Communications Corp
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee Holder to take any action under any provision of this IndentureDebenture, the Company shall furnish to the Trustee Holder an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture Debenture (including covenants, any covenant compliance with which constitute conditions 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 Debenture 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 Debenture (excluding certificates delivered other than pursuant to Section 10101005) shall include:
Appears in 3 contracts
Samples: Hub International LTD, Hub International LTD, Hub International LTD
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, including the execution and delivery of this Indenture, the Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding other than certificates delivered provided pursuant to Section 101012.2) shall include:
Appears in 3 contracts
Samples: Indenture (Energizer Holdings Inc), Sigma Aldrich Corp, Sigma Aldrich Corp
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 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 (other than the certificates required by Section 1019(a)) with respect to compliance with a condition or covenant provided for in this Indenture (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 3 contracts
Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)
Compliance Certificates and Opinions. Upon any application or request by the Company Issuers to the Trustee to take any action under any provision of this Indenture, the Company Issuers shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 101010.05(a)) shall include:
Appears in 3 contracts
Samples: Supplemental Indenture (Clearwire Corp /DE), Note Purchase Agreement (Clearwire Corp /DE), Note Purchase Agreement (Sprint Nextel Corp)
Compliance Certificates and Opinions. 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 furnish to the Trustee Trustees an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 101010.4) shall include:
Appears in 3 contracts
Samples: Indenture (North American Palladium LTD), Indenture (North American Palladium LTD), Indenture (North American Palladium LTD)
Compliance Certificates and Opinions. 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 furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 furnishedfurnished except as required under Section 314(c) of the Trust Indenture Act. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (excluding except for certificates delivered pursuant to provided for in Section 101010.7) shall include:
Appears in 3 contracts
Samples: Weatherford International LTD, Weatherford International Inc /New/, Weatherford International Inc /New/
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent (including any covenant compliance with which constitutes a condition precedent), if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 3 contracts
Samples: Citizens Funding Trust IV, Citizens Funding Trust IV, Citizens Funding Trust IV
Compliance Certificates and Opinions. Upon any written application or written request by the Company Corporation to the Trustee to take any action under any provision of this Indenture, the Company Corporation shall furnish to the Trustee an Officers' Officer’s Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenantsany covenant, compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101004) shall include:
Appears in 3 contracts
Samples: Indenture (Ovintiv Inc.), Indenture (Encana Corp), Encana Corp
Compliance Certificates and Opinions. 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 or such Guarantor, as the case may be, shall furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 furnishedfurnished except as required under Section 314(c) of the Trust Indenture Act. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (excluding except for certificates delivered pursuant to provided for in Section 101010.5) shall include:
Appears in 3 contracts
Samples: Comstock Resources Inc, Comstock Resources Inc, Medallion California Properties Co
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 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 (other than the certificates required by Section 10.20(a)) with respect to compliance with a condition or covenant provided for in this Indenture (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 3 contracts
Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Sea Containers LTD /Ny/
Compliance Certificates and Opinions. Upon any application or ------------------------------------ request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' a Company Certificate stating that all conditions precedent, if any, provided for in this Indenture (including any covenants, compliance with which constitute conditions precedent) relating to the proposed action 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 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 (excluding other than certificates delivered provided pursuant to Section 10101009) shall include:
Appears in 3 contracts
Samples: Security Capital Group Inc/, Security Capital Group Inc/, Security Capital Group Inc/
Compliance Certificates and Opinions. Upon any application or request by the Company Corporation to the Trustee to take any action under any provision of this Indenture, the Company Corporation shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101004) shall include:
Appears in 3 contracts
Samples: Indenture (Agrium Inc), Mosaic Co, Mosaic Co
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' a Compliance Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenants the compliance with which constitute conditions 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 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 (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 3 contracts
Samples: Senior Secured Note Indenture (SLM International Inc /De), Execution (SLM International Inc /De), Senior Secured Note Indenture (SLM International Inc /De)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall shall, upon the request of the Trustee, furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding certificates delivered the Trustee's certificate of disposition pursuant to Section 1010309 and the annual compliance certificate pursuant to Section 1009) shall include:
Appears in 2 contracts
Samples: Occidental Petroleum Corp /De/, Oxy Capital Trust Iii
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer or Guarantor to the Trustee to take any action under any provision of this Indenture, the Company Issuer or the Guarantor, as the case may be, shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding including certificates delivered pursuant to Section 101010.08) shall include:
Appears in 2 contracts
Samples: Indenture (American Standard Companies Inc), Indenture (American Standard Companies Inc)
Compliance Certificates and Opinions. Upon Except as otherwise expressly provided 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 furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 by or on behalf of the Company with respect to compliance with a condition or covenant provided for in this Indenture (excluding Indenture, except for certificates delivered pursuant to provided for in Section 1010) 9.8, shall include:
Appears in 2 contracts
Compliance Certificates and Opinions. Upon any application or request by the Company Corporation to the Trustee to take any action under any provision of this Indenture, the Company Corporation shall furnish to the Trustee an Officers' Officer’s Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101004) shall include:
Appears in 2 contracts
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, except in connection with the initial issuance of the Securities of any series, the Company shall shall, at the request of the Trustee, furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions precedent) relating to the proposed action have been complied with satisfied and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied withsatisfied, 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 satisfaction of a condition or compliance with a condition or covenant provided for in this Indenture (excluding certificates delivered pursuant to except for the written statement required by Section 101010.04) shall include:
Appears in 2 contracts
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101005) shall include:
Appears in 2 contracts
Samples: Xerox Corp, Xerox Corp
Compliance Certificates and Opinions. 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 Issuer will furnish to the Indenture Trustee (i) an Officers' Officer’s Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding certificates delivered pursuant to except for the written statement required by Section 101011.04) shall will include:
Appears in 2 contracts
Samples: Master Note Trust (Mellon Premium Finance Loan Owner Trust), Pooling and Servicing Agreement (Mellon Bank Premium Finance Loan Master Trust)
Compliance Certificates and Opinions. Upon 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 furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions precedent) relating to the proposed action 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 (excluding certificates other than a certificate delivered pursuant to Section 101010.7) shall include:
Appears in 2 contracts
Samples: Cit Group Inc, Cit Group Inc
Compliance Certificates and Opinions. Upon Except as otherwise expressly provided 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 furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 by or on behalf of the Company with respect to compliance with a condition or covenant provided for in this Indenture (excluding Indenture, except for certificates delivered pursuant to provided for in Section 1010) 10.7, shall include:
Appears in 2 contracts
Samples: United States Surgical Corp, United States Surgical Corp
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 1010904) shall include:
Appears in 2 contracts
Compliance Certificates and Opinions. Upon any application or request by the Company to the Pass Through Trustee to take any action under any provision of this IndenturePass Through Trust Agreement, the Company shall furnish to the Pass Through Trustee an Officers' Officer's Certificate stating that that, in the opinion of the signers, all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions precedent) Pass Through Trust Agreement 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 Pass Through 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 Pass Through Trust Agreement (excluding certificates delivered other than a certificate provided pursuant to Section 10108.4(d)) shall include:
Appears in 2 contracts
Samples: Union Tank Car Co, Union Tank Car Co
Compliance Certificates and Opinions. Upon any application or request by the Company Partnership or a Guarantor to the Trustee to take any action under any provision of this Indenture, the Company Partnership or such Guarantor, as the case may be, shall furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 furnishedfurnished except as required under Section 314(c) of the Trust Indenture Act. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (excluding except for certificates delivered pursuant to provided for in Section 101010.5) shall include:
Appears in 2 contracts
Samples: Cheniere Energy Partners, L.P., Cheniere Energy Partners, L.P.
Compliance Certificates and Opinions. 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 furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 furnishedfurnished except as required under Section 314(c) of the Trust Indenture Act. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (excluding except for certificates delivered pursuant to provided for in Section 101010.5) shall include:
Appears in 2 contracts
Samples: Weatherford International Inc /New/, Weatherford International Inc /New/
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101004) shall include:
Appears in 2 contracts
Samples: Teligent Inc, Teligent Inc
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions precedent) relating to the proposed action have been complied with and and, if required by the Trust Indenture Act, 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 (excluding including certificates delivered pursuant to Section 1010provided for in SECTION 9.8) shall include:
Appears in 2 contracts
Samples: Indenture (Etoys Inc), Indenture (Etoys Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall shall, upon the request of the Trustee, furnish to the Trustee (1) an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions precedent) relating to the proposed action have been complied with and (2) 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 10.06) or opinion with respect to compliance with a condition or covenant provided for in this Indenture (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 2 contracts
Compliance Certificates and Opinions. Upon Except as otherwise expressly provided 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 furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 by or on behalf of the Company with respect to compliance with a condition or covenant provided for in this Indenture (excluding Indenture, except for certificates delivered pursuant to provided for in Section 1010) 10.10, shall include:
Appears in 2 contracts
Samples: United States Surgical Corp, United States Surgical Corp
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101013) shall include:
Appears in 2 contracts
Samples: Cablevision Systems Corp, CSC Parent Corp
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions precedent) relating to the proposed action 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 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 (excluding certificates delivered other than pursuant to Section 10101005) shall include:
Appears in 2 contracts
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions precedent) relating to the proposed action 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 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 (excluding certificates delivered other than pursuant to Section 10101004) shall include:
Appears in 2 contracts
Samples: Senior Indenture (KPMG Consulting Inc), KPMG Consulting Inc
Compliance Certificates and Opinions. Upon any application or request by the Company Corporation to the Trustee to take any action under any provision of this Indenture, the Company Corporation shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 101010.4) shall include:
Appears in 2 contracts
Samples: Indenture (Transalta Corp), Indenture (Transalta Corp)
Compliance Certificates and Opinions. Upon any application or ------------------------------------ request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' a Company Certificate stating that all conditions precedent, if any, provided for in this Indenture (including any covenants, compliance with which constitute conditions precedent) relating to the proposed action 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 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 (excluding other than certificates delivered provided pursuant to Section 10101008) shall include:
Appears in 2 contracts
Samples: McLeodusa Inc, McLeodusa Inc
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate in form and substance satisfactory to the Trustee stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions precedent) relating to the proposed action have been complied with and an Opinion of Counsel in form and substance satisfactory to the 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 (excluding including certificates delivered pursuant to Section 101010.9) shall include:
Appears in 2 contracts
Samples: Advanced Energy Industries Inc, Advanced Energy Industries Inc
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions precedent) relating to the proposed action have been complied with and and, if required by the Trust Indenture Act, 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 (excluding including certificates delivered pursuant to provided for in Section 101010.7) shall include:
Appears in 2 contracts
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 101010.04) shall include:
Appears in 2 contracts
Samples: Indenture (Celestica Inc), Indenture (Celestica Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 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 (other than the certificates required by Section 1016(a)) with respect to compliance with a condition or covenant provided for in this Indenture (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 2 contracts
Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 101010.08(a)) shall include:
Appears in 2 contracts
Samples: Indenture (Cd Radio Inc), Grand Palais Riverboat Inc
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101007(a)) shall include:
Appears in 1 contract
Samples: Indenture (Tembec Industries Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 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 (other than the certificates required by Section 1019) with respect to compliance with a condition or covenant provided for in this Indenture (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 1 contract
Samples: AMC Networks Inc.
Compliance Certificates and Opinions. Upon any application or request by the Company Company, any Lessor or XXX to the Trustee to take any action under any provision of this Indenture, the Company Company, such Lessor or XXX, as the case may be, shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding other than certificates delivered provided pursuant to Section 101010.02 herein) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon Except as otherwise expressly provided 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 furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 by or on behalf of the Company with respect to compliance with a condition or covenant provided for in this Indenture (excluding Indenture, except for certificates delivered pursuant to provided for in Section 1010) 9.07, shall include:
Appears in 1 contract
Samples: Indenture (Federal Mogul Corp)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee or the Paying Agent in London, England, to take any action under any provision of this Indenture, the Company shall furnish to the Trustee or the Paying Agent in London, England, as the case may be, an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 condi- tions 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 com- pliance with a condition or covenant provided for in this Indenture (excluding including certificates delivered pursuant to provided for in Section 101010.9) shall include:
Appears in 1 contract
Samples: Indenture (United Waste Systems Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 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 (other than the certificates required by Section 1013) with respect to compliance with a condition or covenant provided for in this Indenture (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 1 contract
Samples: Indenture (CSC Holdings Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101004) shall include:: 21 14
Appears in 1 contract
Samples: China Mobile Hong Kong LTD
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, other than as action permitted by Sections 205 and 804, the Company shall furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 1 contract
Samples: Michigan Consolidated Gas Co /Mi/
Compliance Certificates and Opinions. 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 furnish to the Trustee an Officers' Officer’s Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 furnishedfurnished except as required under Section 314(c) of the Trust Indenture Act. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (excluding except for certificates delivered pursuant to provided for in Section 101010.7) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions precedent) relating to the proposed action have been complied with and and, upon the Trustee's request, 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 (excluding including certificates delivered pursuant to Section 1010provided for in SECTION 9.7) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 1010) shall Section1009(a))shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer to the Trustee to take any action under any provision of this Indenture, the Company Issuer shall furnish to the Trustee an Officers' Officer’s Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 101010.08(a)) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101006(a)) shall include:
Appears in 1 contract
Samples: Indenture (Inter Act Systems Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee such certificates and opinions as may be required under the Trust Indenture Act including but not necessarily limited to an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding including certificates delivered pursuant to provided for in Section 101010.8) shall include:
Appears in 1 contract
Samples: Indenture (American Greetings Corp)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this IndentureIndenture (other than the authentication of the Initial Securities), the Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101004) shall include:
Appears in 1 contract
Samples: Indenture (HomeCare Labs, Inc.)
Compliance Certificates and Opinions. Upon any application or request by the Company Issuers or a Guarantor to the Trustee to take any action under any provision of this Indenture, the Company Issuers or such Guarantor, as the case may be, shall furnish to the Trustee an Officers' Officer’s Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 furnishedfurnished except as required under Section 314(c) of the Trust Indenture Act. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (excluding except for certificates delivered pursuant to provided for in Section 101010.5) shall include:
Appears in 1 contract
Samples: Iron Creek Energy Group, LLC
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions constitutes a condition precedent) relating to the proposed action 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 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 (excluding certificates delivered other than pursuant to Section 10101004) shall include:
Appears in 1 contract
Samples: Borg Warner Automotive Inc
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee or any Paying Agent to take any action under any provision of this Indenture, the Company shall furnish to the Trustee or the Paying Agent, as the case may be, an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding certificates delivered pursuant to provided for in Section 101010.6) shall include:
Appears in 1 contract
Samples: Vantive Corp
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Officer’s Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (other than the certificates required by Section 9.4) with respect to compliance with a covenant or condition or covenant provided for in this Indenture (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 1 contract
Samples: Indenture (KLX Inc.)
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer to the Trustee to take any action under any provision of this Indenture, the Company Issuer of the Guarantor, as the case may be, shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 (excluding including certificates delivered pursuant to Section 101010.08) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon Except as otherwise expressly provided 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 furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 by or on behalf of the Company with respect to compliance with a condition or covenant provided for in this Indenture (excluding except for certificates delivered pursuant to provided for in Section 1010) 10.8 shall include:
Appears in 1 contract
Samples: Indenture (Ibp Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 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 (other than the certificates required by Section 1020) with respect to compliance with a condition or covenant provided for in this Indenture (excluding certificates delivered pursuant to Section 1010) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including any covenants, compliance with which constitute conditions 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 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 (excluding except for certificates delivered pursuant to provided for in Section 101010.04) shall include:
Appears in 1 contract
Samples: Indenture (American Capital, LTD)
Compliance Certificates and Opinions. 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 or such Guarantor, as the case may be, shall furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions 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 furnishedfurnished except as required under Section 314(c) of the Trust Indenture Act. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (excluding except for certificates delivered pursuant to provided for in Section 101010.7) shall include:
Appears in 1 contract
Samples: Medallion California Properties Co
Compliance Certificates and Opinions. Upon any application or request by the issuing Company or the Guarantor to the Trustee to take any action under any provision of this Indenture, the issuing Company or the Guarantor, as the case may be, shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, precedent provided for in this Indenture (including covenants, compliance with which constitute conditions precedent) relating to the proposed action have been complied with and an Opinion opinion of Counsel 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 by the issuing Company or the Guarantor, as applicable. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (excluding except for certificates delivered pursuant to provided for in Section 101010.04) shall include:
Appears in 1 contract
Samples: Berkshire Hathaway Finance Corp
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10101008(a)) shall include:: 29 18
Appears in 1 contract
Samples: Tri State Outdoor Media Group Inc
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 101010.08(a)) shall include:
Appears in 1 contract
Samples: St Charles Gaming Co Inc
Compliance Certificates and Opinions. Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall furnish to the Trustee an Officers' ’ Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 101010.04) shall include:
Appears in 1 contract
Samples: Indenture (Celestica Inc)
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer to the Trustee to take or refrain from taking any action under any provision of this Indenture, the Company Issuer shall furnish to the Trustee an Officers' Officer’s Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 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 (excluding certificates delivered other than pursuant to Section 101010.08) shall include:
Appears in 1 contract
Compliance Certificates and Opinions. Upon any application or request by the Company Issuer to the Trustee to take any action under any provision of this Indenture, the Company Issuer shall furnish to the Trustee an Officers' Officer's Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, any covenant compliance with which constitute conditions 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 (excluding certificates delivered other than pursuant to Section 10109.8(a)) shall include:
Appears in 1 contract
Samples: Indenture (Netia Holdings Sa)
Compliance Certificates and Opinions. Upon Except as otherwise expressly provided by this Agreement, upon any application or request by the Company Issuer to the Trustee Purchase Contract Agent to take any action under in accordance with any provision of this IndentureAgreement, the Company Issuer shall furnish to the Trustee Purchase Contract Agent an Officers' Certificate stating that all conditions precedent, if any, provided for in this Indenture (including covenants, compliance with which constitute conditions precedent) Agreement relating to the proposed action 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 (excluding certificates delivered pursuant to other than the Officers' Certificate provided for in Section 101010.05) shall include:
Appears in 1 contract
Samples: Purchase Contract Agreement (TPG Nv)
