Common use of Execution of Supplemental Indentures, Agreements and Waivers Clause in Contracts

Execution of Supplemental Indentures, Agreements and Waivers. In executing, or accepting the additional trusts created by, any supplemental indenture, instrument or amendment, modification, waiver or supplement permitted by this Article Nine or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel and an Officers' Certificate from each obligor under the Securities of any series entering into such supplemental indenture, instrument or amendment, modification, waiver or supplement, each stating that the execution of such supplemental indenture, instrument or amendment, modification, waiver or supplement (a) is authorized or permitted by this Indenture and (b) does not violate the provisions of any agreement or instrument evidencing any other Indebtedness of the Issuer or any other Subsidiary of the Issuer. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture, instrument or amendment modification, waiver or supplement which affects the Trustee's own rights, duties or immunities under this Indenture, the Securities or otherwise.

Appears in 2 contracts

Sources: Subordinated Debt Indenture (Caprock Communications Corp), Senior Debt Indenture (Caprock Communications Corp)

Execution of Supplemental Indentures, Agreements and Waivers. In executing, or accepting the additional trusts created by, any supplemental indenture, instrument or amendment, modification, waiver or supplement permitted by this Article Nine or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel and an Officers' Certificate from each obligor under the Securities of any series Notes entering into such supplemental indenture, instrument or amendment, modification, waiver or supplement, each stating that the execution of such supplemental indenture, instrument or amendment, modification, waiver or supplement (a) is authorized or permitted by this Indenture and (b) does not violate the provisions of any agreement or instrument evidencing any other Indebtedness of the Issuer or any other Subsidiary of the Issuer. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture, instrument or amendment modification, waiver or supplement which affects the Trustee's own rights, duties or immunities under this Indenture, the Securities Notes or otherwise.

Appears in 1 contract

Sources: Indenture (Caprock Communications Corp)