Common use of Application of Certain Terms and Provisions to the Guarantor Clause in Contracts

Application of Certain Terms and Provisions to the Guarantor. (a) For purposes of any provision of the Indenture which provides for the delivery by the Guarantor of an Officer’s Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.2 shall apply to the Guarantor as if references therein to the Company or the Guarantor, as applicable, were references to the Guarantor. (b) Any notice or demand which by any provision of the Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes to or on the Guarantor may be given or served as described in Section 10.2 of the Base Indenture as if references therein to the Company were references to the Guarantor. (c) Upon any demand, request or application by the Guarantor to the Trustee to take any action under the Indenture, the Guarantor shall furnish to the Trustee such Officer’s Certificate and Opinion of Counsel as are required in Section 10.1 as if all references therein to the Company were references to the Guarantor.

Appears in 16 contracts

Sources: Fifth Supplemental Indenture (Safehold Inc.), Fourth Supplemental Indenture (Safehold Inc.), Second Supplemental Indenture (Istar Inc.)

Application of Certain Terms and Provisions to the Guarantor. (a) For purposes of any provision of the Indenture which provides for the delivery by the Guarantor of an Officer’s Officers’ Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.2 hereof shall apply to the Guarantor as if references therein to the Company or the Guarantor, as applicable, were references to the Guarantor. (b) Any notice or demand which by any provision of the Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes to or on the Guarantor may be given or served as described in Section 10.2 of the Base Indenture as if references therein to the Company were references to the Guarantor. (c) Upon any demand, request or application by the Guarantor to the Trustee to take any action under the Indenture, the Guarantor shall furnish to the Trustee such Officer’s Certificate certificates and Opinion of Counsel opinions as are required in Section 10.1 hereof as if all references therein to the Company were references to the Guarantor.

Appears in 7 contracts

Sources: Supplemental Indenture (Digital Realty Trust, L.P.), Supplemental Indenture (Digital Realty Trust, L.P.), Supplemental Indenture (Digital Realty Trust, L.P.)

Application of Certain Terms and Provisions to the Guarantor. (a) For purposes of any provision of the Indenture which provides for the delivery by the any Guarantor of an Officer’s Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.2 shall apply to the such Guarantor as if references therein to the Company or the Parent Guarantor, as applicable, were references to the such Guarantor. (b) Any notice or demand which by any provision of the Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes to or on the any Guarantor may be given or served as described in Section 10.2 of the Base Indenture as if references therein to the Company were references to the such Guarantor. (c) Upon any demand, request or application by the any Guarantor to the Trustee to take any action under the Indenture, the such Guarantor shall furnish to the Trustee such Officer’s Certificate and Opinion of Counsel as are required in Section 10.1 as if all references therein to the Company were references to the such Guarantor.

Appears in 4 contracts

Sources: Fourth Supplemental Indenture (Phillips Edison & Company, Inc.), Third Supplemental Indenture (Phillips Edison & Company, Inc.), Second Supplemental Indenture (Phillips Edison & Company, Inc.)

Application of Certain Terms and Provisions to the Guarantor. (a) For purposes of any provision of the Indenture which provides for the delivery by the Guarantor of an Officer’s Officers’ Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.2 1.1 of the Base Indenture shall apply to the Guarantor as if references therein to the Company or the Guarantor, as applicable, were references to the Guarantor. (b) Any notice or demand which by any provision of the Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes to or on the Guarantor may be given or served as described in Section 10.2 of the Base Indenture as if references therein to the Company were references to the Guarantor. (c) Upon any demand, request or application by the Guarantor to the Trustee to take any action under the Indenture, the Guarantor shall furnish to the Trustee such Officer’s Certificate certificates and Opinion of Counsel opinions as are required in Section 10.1 10.5 of the Base Indenture as if all references therein to the Company were references to the Guarantor.

Appears in 3 contracts

Sources: Supplemental Indenture (Hudson Pacific Properties, L.P.), Supplemental Indenture (Hudson Pacific Properties, L.P.), Supplemental Indenture (Hudson Pacific Properties, L.P.)

Application of Certain Terms and Provisions to the Guarantor. (a) For purposes of any provision of the Indenture which provides for the delivery by the Guarantor of an Officer’s Officers’ Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.2 shall apply to the Guarantor as if references therein to the Company or the Guarantor, as applicable, were references to the Guarantor. (b) Any notice or demand which by any provision of the Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes to or on the Guarantor may be given or served as described in Section 10.2 of the Base Indenture as if references therein to the Company were references to the Guarantor. (c) Upon any demand, request or application by the Guarantor to the Trustee to take any action under the Indenture, the Guarantor shall furnish to the Trustee such Officer’s Officers’ Certificate and Opinion of Counsel as are required in Section 10.1 11.1 as if all references therein to the Company were references to the Guarantor.

Appears in 2 contracts

Sources: Second Supplemental Indenture (Angel Oak Mortgage REIT, Inc.), First Supplemental Indenture (Angel Oak Mortgage REIT, Inc.)

Application of Certain Terms and Provisions to the Guarantor. (a) For purposes of any provision of the Indenture which provides for the delivery by the Guarantor of an Officer’s Certificate and/or an Opinion of Counsel, the definitions of such terms in Section 1.2 shall apply to the Guarantor as if references therein to the Company or the Guarantor, as applicable, were references to the Guarantor. (b) Any notice or demand which by any provision of the Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes to or on the Guarantor may be given or served as described in Section 10.2 of the Base Indenture as if references therein to the Company were references to the Guarantor. (c) Upon any demand, request or application by the Guarantor to the Trustee to take any action under the Indenture, the Guarantor shall furnish to the Trustee such Officer’s Certificate and Opinion of Counsel as are required in Section 10.1 11.1 as if all references therein to the Company were references to the Guarantor.

Appears in 1 contract

Sources: First Supplemental Indenture (First Industrial Lp)