Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Pledge and Security Agreements and has delivered the certificates, opinion and documents required by the Pledge and Security Agreements, Sections 12.3 and 12.4 hereof and under TIA Section 314(d), then the Trustee will deliver a certificate to the Collateral Agent setting forth such determination.
Appears in 3 contracts
Sources: Indenture (Clearwire Corp), Indenture (Clearwire Corp), Indenture (Clearwire Corp)
Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Pledge and Security Agreements Documents at a time when the Trustee is not itself also the Collateral Agent and has delivered the certificates, opinion certificates and documents required by the Pledge Security Documents and Security AgreementsSections 10.03 and 10.04 hereof, Sections 12.3 and 12.4 hereof and under the Trustee will determine whether it has received all documentation required by TIA Section 314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 10.04(b), then the Trustee will deliver a certificate to the Collateral Agent setting forth such determination.
Appears in 2 contracts
Sources: Indenture (GXS Corp), Indenture (National Coal Corp)
Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Security and Pledge and Security Agreements Agreement and has delivered the certificates, opinion certificates and documents required by the Security and Pledge Agreement and Security AgreementsSections 10.04 and 10.05 hereof, Sections 12.3 and 12.4 hereof and under TIA the Trustee shall determine whether it has received all documentation required by Section 314(d)) of the TIA in connection with such release and, then based on such determination and the Trustee will Opinion of Counsel delivered pursuant to Section 10.05(b) hereof, shall deliver a certificate to the Collateral Agent setting forth such determination.
Appears in 2 contracts
Sources: Indenture (Finlay Enterprises Inc /De), Indenture (Finlay Enterprises Inc /De)
Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Pledge Security Documents at a time when the Trustee is not itself also the Collateral Agent and Security Agreements and the Company has delivered the certificates, opinion certificates and documents required by the Pledge Security Documents and Security AgreementsSection 10.03 hereof, Sections 12.3 and 12.4 hereof and under the Trustee will determine whether it has received all documentation required by TIA Section 314(d)) in connection with such release and, then the Trustee based on such determination, will deliver a certificate to the Collateral Agent setting forth such determination.
Appears in 2 contracts
Sources: Indenture (Pierson Industries Inc), Indenture (Uniplast Industries Co)
Certificates of the Trustee. In the event that the Company or the Guarantor wishes to release Collateral in accordance with the Pledge and Security Agreements Collateral Documents and has delivered the certificates, opinion certificates and documents required by the Pledge Collateral Documents and Security Agreements, Sections Section 12.3 and 12.4 hereof and under TIA Section 314(d)12.4, then the Trustee will shall determine whether it has received all documentation required by TIA §314(d) in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 12.4, shall deliver a certificate to the Collateral Agent setting forth such determination.
Appears in 2 contracts
Sources: Indenture (GWG Holdings, Inc.), Indenture (GWG Holdings, Inc.)
Certificates of the Trustee. In the event that the Company wishes to release Pledged Collateral in accordance with the Pledge and Security Agreements Agreement and has delivered the certificates, opinion certificates and documents required by the Pledge Agreement and Security AgreementsSections 10.03 and 10.04 hereof, Sections 12.3 the Trustee shall determine whether it has received all documentation required by TIA (S)314(d) in connection with such release and, based on such 66 determination and 12.4 hereof and under TIA the Opinion of Counsel delivered pursuant to Section 314(d10.04(b), then the Trustee will shall deliver a certificate to the Collateral Agent setting forth such determination.
Appears in 1 contract
Certificates of the Trustee. In the event that the Company wishes to release Pledged Collateral in accordance with the Pledge and Security Agreements Agreement and has delivered the certificates, opinion certificates and documents required by the Pledge Agreement and Security Agreements, Sections 12.3 10.03 and 12.4 10.04 hereof as well as all documentation required by TIA '314(d) in connection with such release and under TIA Section 314(d), then the Trustee will deliver a certificate to shall direct the Collateral Agent setting forth to effectuate such determinationrelease.
Appears in 1 contract
Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with the Pledge and Security Agreements Documents and has delivered the certificates, opinion certificates and documents required by the Pledge Security Documents and Security AgreementsSections 12.03 and 12.04 hereof, Sections 12.3 and 12.4 hereof and under the Trustee shall determine whether it has received all documentation required by TIA Section 314(d)) in connection with such release and, then based on such determination and the Trustee will Opinion of Counsel delivered pursuant to Section 12.04, shall deliver a certificate to the Collateral Agent Trustee setting forth such determination.
Appears in 1 contract
Certificates of the Trustee. In the event that the Company wishes to release Collateral in accordance with this Indenture and the Pledge Security Documents at a time when the Trustee is not itself also the Collateral Agent and Security Agreements and the Company has delivered the certificates, opinion certificates and documents required by the Pledge Security Documents and Security AgreementsSection 11.03 hereof, Sections 12.3 and 12.4 hereof and under TIA Section 314(d), then the Trustee will determine whether it has received all documentation required by TIA ss. 314(d) in connection with such release and, based on such determination, will deliver a certificate to the Collateral Agent setting forth such determination.
Appears in 1 contract
Sources: Indenture (Columbus McKinnon Corp)
Certificates of the Trustee. In the event that the Company Issuer wishes to release Pledged Collateral in accordance with the Pledge and Security Agreements and has delivered the certificates, opinion certificates and documents required by the Pledge Agreements and Security AgreementsSections 10.03 and 10.04 hereof, Sections 12.3 and 12.4 hereof and under the Trustee shall determine whether it has received all documentation required by TIA Section 314(d) to the extent applicable in connection with such release and, based on such determination and the Opinion of Counsel delivered pursuant to Section 10.04(2), then the Trustee will shall deliver a certificate to the Collateral Agent Trustee setting forth such determination.
Appears in 1 contract
Sources: Indenture (Sanitec International Sa)