Common use of Right of Trustee to Rely on Officers' Certificate, etc Clause in Contracts

Right of Trustee to Rely on Officers' Certificate, etc. Subject to Sections 5.01 and 5.05, whenever in the administration of the trusts of the Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence or willful misconduct on the part of the Trustee as determined by a final order of a court of competent jurisdiction, be deemed to be conclusively proved and established by an Officer’s Certificate delivered to the Trustee, and such certificate, in the absence of gross negligence or willful misconduct on the part of the Trustee as determined by a final order of a court of competent jurisdiction, shall be full warrant to the Trustee for any action taken, suffered or omitted by it under the provisions of the Indenture upon the faith thereof.

Right of Trustee to Rely on Officers' Certificate, etc. Subject to Sections Section 5.01 and 5.05Section 5.02, whenever in the administration of the trusts of the this Perpetual Subordinated Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence negligence, bad faith or willful misconduct on the part of the Trustee as determined by a final order of a court of competent jurisdictionTrustee, be deemed to be conclusively proved and established by an Officer’s Certificate and/or an Opinion of Counsel delivered to the Trustee, and such certificate, in the absence of gross negligence negligence, bad faith or willful misconduct on the part of the Trustee as determined by a final order of a court of competent jurisdictionTrustee, shall be full warrant to the Trustee for any action taken, suffered or omitted by it under the provisions of this Perpetual Subordinated Indenture to the Indenture upon extent of the faith thereofTrustee’s reliance thereupon.

Right of Trustee to Rely on Officers' Certificate, etc. Subject to Sections 5.01 and 5.055.02, whenever in the administration of the trusts of the this Perpetual Subordinated Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or taking, suffering or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence negligence, bad faith or willful misconduct on the part of the Trustee as determined by a final order of a court of competent jurisdictionTrustee, be deemed to be conclusively proved and established by an Officer’s Certificate and/or Opinion of Counsel delivered to the Trustee, and such certificatecertificate and/or Opinion of Counsel, in the absence of gross negligence negligence, bad faith or willful misconduct on the part of the Trustee as determined by a final order of a court of competent jurisdictionTrustee, shall be full warrant to the Trustee for any action taken, suffered or omitted by it under the provisions of the this Perpetual Subordinated Indenture upon the faith thereof.

Right of Trustee to Rely on Officers' Certificate, etc. Subject to Sections 5.01 and 5.05, whenever in the administration of the trusts of the Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of gross negligence or willful misconduct on the part of the Trustee as determined by a final order of a court of competent jurisdiction, be deemed to be conclusively proved and established by an Officer’s Certificate or Opinion of Counsel delivered to the Trustee, and such certificatecertificate or opinion, in the absence of gross negligence or willful misconduct on the part of the Trustee as determined by a final order of a court of competent jurisdiction, shall be full warrant to the Trustee for any action taken, suffered or omitted by it under the provisions of the Indenture upon the faith thereof.