Common use of Execution of Supplemental Indentures Clause in Contracts

Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article or the modifications thereby of the trust created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 6 contracts

Sources: Merger Agreement (Capital Senior Living Corp), Merger Agreement (Ilm Ii Senior Living Inc /Va), Merger Agreement (Capital Senior Living Corp)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that all conditions precedent to the execution of such supplemental indenture have been satisfied and that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 6 contracts

Sources: Indenture (Abbott Laboratories), Indenture (Abbott Laboratories), Indenture (ONE Gas, Inc.)

Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.16.01) shall be fully protected in conclusively relying upon, an Officers' Officer's Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, or which may subject it to liability or be contrary to applicable law.

Appears in 5 contracts

Sources: Junior Subordinated Indenture (Bancorpsouth Inc), Junior Subordinated Indenture (Usb Holding Co Inc), Junior Subordinated Indenture (Usb Holding Co Inc)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee for any series of Debt Securities shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee for any series of Debt Securities may, but shall not be obligated to, enter into any such supplemental indenture which affects the such Trustee's own rights, liabilities, duties or immunities under this Indenture or otherwise.

Appears in 5 contracts

Sources: Indenture (American Financial Group Inc), Indenture (American Financial Group Inc), Indenture (American Financial Capital Trust I)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent have been complied withcomplies with the provisions hereof (including Section 9.5 hereof). The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties duties, or immunities or liabilities under this Indenture or otherwise.

Appears in 5 contracts

Sources: Indenture (Wright Medical Group N.V.), Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Atlas Air Worldwide Holdings Inc)

Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Trustee's own rights, duties duties, indemnities or immunities under this Indenture or otherwise.

Appears in 5 contracts

Sources: Junior Subordinated Indenture (CCC Capital Trust Ii), Junior Subordinated Indenture (Everest Re Capital Trust Iii), Junior Subordinated Indenture (Everest Re Group LTD)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1315(a) through 315(d) of the Trust Indenture Act) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel and an Officers' Certificate, each stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 5 contracts

Sources: Senior Indenture (Sempra Energy), Senior Indenture (Sempra Energy), Senior Indenture (San Diego Gas & Electric Co)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent have been complied withthe supplemental indenture conforms to the requirements of the Trust Indenture Act as then in effect. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which adversely affects the Trustee's own rights, duties or immunities under this Indenture or otherwiseotherwise in a material way.

Appears in 5 contracts

Sources: Subordinated Indenture (Reinsurance Group of America Inc), Subordinated Indenture (Rga Capital Trust Ii), Junior Subordinated Indenture (Rga Capital Trust Ii)

Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.01 and 6.02, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent to the execution and delivery thereof have been complied withsatisfied. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's ’s own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 5 contracts

Sources: Indenture, Indenture, Indenture

Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications modification thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.01 and 6.02, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied withwhich opinion shall be conclusive evidence as to such authorization or permission. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 5 contracts

Sources: Indenture (Nal Financial Group Inc), Indenture (Nal Financial Group Inc), Indenture (Nal Financial Group Inc)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receiveprovided with, and (subject to Trust Indenture Act Section 6.1315(a) through 315(d) and Section 602 hereof) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel and Officers’ Certificate, each stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 5 contracts

Sources: Indenture (AMC Networks Inc.), Indenture (WE TV Studios LLC), Indenture (Voom HD Holdings LLC)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture or waiver permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, in addition to the documents required by Section 1.2, an Officers' Officer’s Certificate and an Opinion of Counsel Counsel, each stating that the execution of such supplemental indenture or waiver is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture or waiver which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 5 contracts

Sources: Indenture (Vale S.A.), Indenture (Vale S.A.), Indenture (Embraer - Empresa Brasileira De Aeronautica S.A.)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1601) shall be fully protected in conclusively relying upon, an Officers' officer's stating that Certificate precedent to the execution of such supplemented indenture have been fulfilled and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 4 contracts

Sources: Indenture (Enron Capital Trust I), Indenture (Enron Capital Trust Ii), Indenture (Enron Capital Trust Ii)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article X or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.18.1) shall be fully protected in conclusively relying upon, an Officers' Officer’s Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent have been complied withcomplies with the provisions hereof (including Section 10.5). The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which adversely affects the Trustee's ’s own rights, duties duties, or immunities or liabilities under this Indenture or otherwise.

Appears in 4 contracts

Sources: Indenture (LPL Holdings, Inc.), Indenture (LPL Holdings, Inc.), Indenture (LPL Holdings Inc)

Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trust created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.01 and 6.02, shall be fully protected in conclusively relying upon, an Officers' Officer’s Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent have been complied withsatisfied. The Indenture Trustee and the Securities Intermediary may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's ’s or the Securities Intermediary’s own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 4 contracts

Sources: Indenture (RG&E Storm Funding LLC), Indenture (NYSEG Storm Funding LLC), Indenture (RG&E Storm Funding LLC)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article 10 or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.17.01 (Certain Duties and Responsibilities of Trustee)) shall be fully protected in conclusively relying upon, an Officers' Certificate and and/or an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated obliged to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 4 contracts

Sources: Indenture (Marconi Corp PLC), Indenture (Marconi Corp PLC), Indenture (Marconi Corp PLC)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.16.01) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not (except to the extent required in the case of a supplemental indenture entered into under Section 9.01(5)) be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 4 contracts

Sources: Indenture (Mid State Trust Vi), Indenture (Mid-State Homes Inc), Indenture (Mid State Trust Vi)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent have been complied withthe supplemental indenture conforms to the requirements of the Trust Indenture Act as then in effect. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which adversely affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwiseotherwise in any material respect.

Appears in 4 contracts

Sources: Indenture (Heritage Financial Group Inc), Indenture (Reinsurance Group of America Inc), Junior Subordinated Indenture (Reinsurance Group of America Inc)

Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications modification thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.01 and 6.02, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all the conditions precedent thereto have been complied with. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that materially affects the Indenture Trustee's ’s own rights, duties duties, liabilities, indemnities or immunities under this Indenture or otherwise. The Issuer shall provide a fully executed copy of any supplemental indentures to this Indenture to each Rating Agency.

Appears in 4 contracts

Sources: Indenture (California Republic Auto Receivables Trust 2015-2), Indenture (California Republic Funding LLC), Indenture (California Republic Funding LLC)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent have been complied withsuch supplemental indenture constitutes the legal, valid and binding obligation of the Company and the Guarantors subject to the customary exceptions. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 4 contracts

Sources: Indenture (Amvescap PLC/London/), Indenture (Amvescap PLC/London/), Indenture (Amvescap PLC/London/)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1601) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not (except to the extent required in the case of a supplemental indenture entered into under 901(f)) be obligated to, enter into any such supplemental indenture which adversely affects in a material way the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 4 contracts

Sources: Indenture (Kent Electronics Corp), Indenture (Converse Inc), Indenture (Kent Electronics Corp)

Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.16.01) shall be fully protected in conclusively relying upon, an Officers' Officer's Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, or that may subject it to liability or be contrary to applicable law.

Appears in 4 contracts

Sources: Junior Subordinated Indenture (Guaranty Capital Trust I), Junior Subordinated Indenture (Highlands Capital Trust I), Junior Subordinated Indenture (Resource Capital Trust I)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture indenture, agreement, instrument or waiver permitted by this Article Nine or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1Sections 601 and 603) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture indenture, agreement, instrument or waiver is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture indenture, agreement, instrument or waiver which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 4 contracts

Sources: Indenture (Sanmina-Sci Corp), Indenture (Sanmina-Sci Corp), Indenture (Sanmina-Sci Corp)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article Supplemental Indenture or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture Supplemental Indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent have been complied withsuch Supplemental Indenture constitutes the legal, valid and binding obligation of the Company and the Guarantors subject to the customary exceptions. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture Supplemental Indenture which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 4 contracts

Sources: Indenture (Amvescap PLC/London/), Indenture (IVZ Inc), Indenture (IVZ Inc)

Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications modification thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.1 and 6.2, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent to the execution and delivery of such supplemental indenture have been complied withsatisfied. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's ’s own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 4 contracts

Sources: Indenture (Usaa Acceptance LLC), Indenture (USAA Auto Owner Trust 2008-1), Indenture (USAA Auto Owner Trust 2007-2)

Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.1 and 6.2, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent to the execution of any such amendment have been complied withsatisfied. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 4 contracts

Sources: Indenture (Asset Backed Securities Corp), Indenture (Wholesale Auto Receivables Corp), Indenture (Ace Securities Corp)

Execution of Supplemental Indentures. In executing As a condition to executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1315 of the Trust Indenture Act) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent have been complied withit complies with the terms of this Indenture. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 3 contracts

Sources: Senior Indenture (National City Corp), Senior Indenture (National City Corp), Senior Indenture (National City Corp)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.16.1 (Certain Duties and Responsibilities)) shall be fully protected in conclusively relying upon, an Officers' Certificate in addition to the documents required by Section 1.3 (Compliance Certificates and Opinions), an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 3 contracts

Sources: Indenture (Edenor), Indenture (Edenor), Indenture (Edenor)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.11001) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel and an Officer's Certificate stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent have been complied withcontaining the statements required by Section 104. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which adversely affects the Trustee's own rights, duties duties, immunities or immunities liabilities under this Indenture or otherwise.

Appears in 3 contracts

Sources: Indenture (Mdu Resources Group Inc), Indenture (Mdu Resources Group Inc), Indenture and Deed of Trust (Oncor Electric Delivery Co)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1601) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel and Officer’s Certificate and Guarantor’s Officer’s Certificate, as the case may be, stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 3 contracts

Sources: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy E&P LLC)

Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture Supplemental Indenture permitted by this Article IX or the modifications thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.01 and 6.02, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture Supplemental Indenture is authorized or permitted by this Indenture, Indenture and specifically confirming that all conditions precedent the requirements of Section 9.03 have been complied withsatisfied. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which Supplemental Indenture that affects the Indenture Trustee's ’s own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 3 contracts

Sources: Indenture (MP Environmental Funding LLC), Indenture (MP Environmental Funding LLC), Indenture (Monongahela Power Co /Oh/)

Execution of Supplemental Indentures. In executing executing, or accepting ------------------------------------ permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.1 and 6.2, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent to such execution have been complied withsatisfied. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 3 contracts

Sources: Indenture (Navistar Financial Retail Receivables Corporation), Indenture (Navistar Financial Retail Receivables Corporation), Indenture (Navistar Financial Retail Receivables Corporation)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1601) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 3 contracts

Sources: Indenture (Cullen/Frost Bankers, Inc.), Indenture (Cullen/Frost Bankers, Inc.), Indenture (Cullen/Frost Bankers, Inc.)

Execution of Supplemental Indentures. In executing As a condition to executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust created by this Indenture, the Trustee shall be entitled to receive, in addition to the documents required by Section 1.02, and (subject to Section 6.1315 of the Trust Indenture Act) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel and Officer’s Certificate, each stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 3 contracts

Sources: Indenture (BBVA International Preferred, S.A. Unipersonal), Indenture (Bbva Subordinated Capital, S.A. Unipersonal), Indenture (BBVA International Preferred, S.A. Unipersonal)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, provided with and (subject to Trust Indenture Act Sections 315(a) through 315(d) and Section 6.16.02 hereof) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel and an Officers’ Certificate stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 3 contracts

Sources: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1601) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel and an Officer's Certificate stating that the execution of such supplemental indenture is authorized or permitted by this IndentureIndenture and all, and that all if any, conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 3 contracts

Sources: Subordinated Indenture (Sce Trust I), Subordinated Indenture (Eix Trust Iii), Subordinated Indenture (Edison International)

Execution of Supplemental Indentures. In executing or accepting the additional trusts created by by, any supplemental indenture Supplemental Indenture permitted by this Article or the modifications modification thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (and, subject to Section 6.1) 7.01, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture Supplemental Indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not not, except to the extent required in the case of a Supplemental Indenture entered into under Section 10.01, be obligated to, enter into any such supplemental indenture Supplemental Indenture which adversely affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 3 contracts

Sources: Supplemental Indenture (Old Dominion Electric Cooperative), Indenture (Old Dominion Electric Cooperative), Supplemental Indenture (Old Dominion Electric Cooperative)

Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.1 and 6.2, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel (and, if requested, an Officer's Certificate) stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.such

Appears in 2 contracts

Sources: Indenture (Advanta Conduit Receivables Inc), Indenture (Advanta Mortgage Conduit Services Inc)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.16.01) shall be fully protected in conclusively relying upon, an Officers' Officer's Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent have been complied withcomplying with the requirements of this Article 11. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which adversely affects the Trustee's own rights, duties or immunities under this Indenture or otherwiseotherwise in a material way.

Appears in 2 contracts

Sources: Indenture (Intermedia Communications Inc), Indenture (Intermedia Communications Inc)

Execution of Supplemental Indentures. In executing or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications modification thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1601) shall be fully protected in conclusively relying upon, an Officers' Certificate stating that all conditions precedent to the execution of such supplemental indenture have been fulfilled and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Georgia Pacific Corp), Indenture (Georgia Pacific Corp)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent have been complied withthe supplemental indenture conforms to the requirements of the Trust Indenture Act as then in effect. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which adversely affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwiseotherwise in any material respect.

Appears in 2 contracts

Sources: Senior Secured Indenture (Ralcorp Holdings Inc /Mo), Indenture (Energizer Holdings Inc)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee Trustees shall be entitled to receive, in addition to the documents required by Section 1.02, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent to the execution and delivery of such supplemental indenture have been complied withmet. The Each Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the such Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Officer’s Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent have been complied withcomplies with the provisions hereof (including Section 9.5 hereof). The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties duties, or immunities or liabilities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (TJX Companies Inc /De/), Indenture (B. Riley Financial, Inc.)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article Nine or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and an Officers' Certificate stating that all conditions precedent to the execution of such supplemental indenture have been complied withfulfilled. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.. 100

Appears in 2 contracts

Sources: Euro Securities Indenture (Level 3 Communications Inc), Indenture (Level 3 Communications Inc)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Opinion of Counsel and Officers' Certificate and an Opinion of Counsel Guarantor's Officers' Certificate, as the case may be, stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (American Safety Insurance Holdings LTD), Indenture (American Safety Insurance Holdings LTD)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1601) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel and Officers’ Certificate and Guarantor’s Officers’ Certificate, as the case may be, stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy O&G LLC)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee Trustees shall be entitled to receive, at the Corporation’s expense, and (subject to Section 6.16.01 – Certain Duties and Responsibilities) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The A Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the such Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture, Indenture

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, in addition to the documents required by Section 102, and (subject to Section 6.1601) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties duties, protections, privileges, indemnities, liabilities or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Senior Indenture (EAM Corp), Senior Indenture (Domtar Paper Company, LLC)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1601) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent have been complied withthe supplemental indenture constitutes the legal, valid and binding obligation of the Company subject to the customary exceptions. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Comdisco Inc), Indenture (Comdisco Inc)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Officer’s Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent have been complied withcomplies with the provisions hereof (including Section 9.5 hereof). The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties duties, benefits, privileges, protections, indemnities or immunities or liabilities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Exela Technologies, Inc.), Indenture (Exela Technologies, Inc.)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Trust Indenture Act Sections 315(a) through (d) and Section 6.1602 hereof) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Amc Entertainment Inc), Indenture (Regal Cinemas Inc)

Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Junior Subordinated Indenture (Hl&p Capital Trust I), Junior Subordinated Indenture (Hl&p Capital Trust Iv)

Execution of Supplemental Indentures. In executing or accepting the additional trusts series of Securities created by any supplemental indenture permitted by this Article or the modifications thereby of the trust any series of Securities previously created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.19.01) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent herein provided to be complied with by the Company in relation to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties duties, or immunities or liabilities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Teco Energy Inc), Indenture (Tampa Electric Co)

Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.15.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and an Officer's Certificate stating that all conditions precedent to the execution of such supplemental indenture have been complied withfulfilled. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Comverse Technology Inc/Ny/), Indenture (Comverse Technology Inc/Ny/)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee for any series of Debt Securities shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and in addition to the documents required by Section 1.2, an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee for any series of Debt Securities may, but shall not be obligated to, enter into any such supplemental indenture which affects the such Trustee's own rights, liabilities, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Provident Capital Trust Iv), Indenture (Provident Capital Trust Iv)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Trust Indenture Act Sections 315(a) through 315(d) and Section 6.1602 hereof) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel and an Officers’ Certificate stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent have been complied withsuch supplemental indenture constitutes the legal, valid and binding obligation of the Company and the Guarantors subject to the customary exceptions. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (A I M Management Group Inc /De/), Indenture (A I M Management Group Inc /De/)

Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications modification thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.01 and 6.02, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel (any such opinion not to be an expense of the Indenture Trustee) stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Morgan Stanley ABS Capital I Inc. MSDWCC HELOC Trust 2005-1), Indenture (Heloc Asset-Backed Notes Series 2003-2)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1601) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent herein to the execution of the supplemental indenture have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own owner's rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc)

Execution of Supplemental Indentures. In executing or ------------------------------------ accepting the additional trusts created by any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.16.01) shall be fully protected in conclusively relying upon, an Officers' Officer's Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Trustee's own rights, duties or immunities under this Indenture indenture or otherwise, or that may subject it to liability or be contrary to applicable law.

Appears in 2 contracts

Sources: Junior Subordinated Indenture (Commonwealth Bankshares Inc), Junior Subordinated Indenture (Commonwealth Bankshares Inc)

Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.1 and 6.2, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent to such execution have been complied withsatisfied. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's own rights, duties duties, liabilities, indemnities or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (First Security Auto Owner Trust 1999 1), Indenture (First Security Auto Owner Trust 1998-1)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receivereceive (in addition to the opinion which the Trustee is entitled to receive pursuant to Section 2.2), and (subject to Section 6.17.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties duties, immunities or immunities liabilities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Apex Silver Mines LTD), Indenture (Apex Silver Mines LTD)

Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Insurer and the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.01 and 6.02 shall be fully protected in conclusively relying upon, an Opinion of Counsel and an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Bay View Transaction Corp), Indenture (Bay View Securitization Corp)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications modification thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying uponupon (subject to the provisions of Article Six hereof), an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent to the execution of such supplemental indenture have been complied withsatisfied. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Teekay Shipping Corp), Indenture (Teekay Shipping Corp)

Execution of Supplemental Indentures. In executing As a condition to executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and an Officers' Certificate stating that all conditions precedent provided for herein to the execution of such supplemental indenture have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, or is otherwise not reasonably acceptable to the Trustee.

Appears in 2 contracts

Sources: Senior Indenture (Cit Group Inc), Subordinated Indenture (Cit Group Inc)

Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.1 and 6.2, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent to the execution of any such amendment have been complied withsatisfied. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Trans Leasing International Inc), Indenture (Tl Lease Funding Corp Iv)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications modification thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, in addition to the documents required by Section 102 of this Indenture, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent to such supplemental indenture have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Main Street Capital CORP), Indenture (Main Street Capital CORP)

Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture indentures permitted by this Article XI or the modifications thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, in addition to the documents required by Section 14.1, and (subject to Section 6.18.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent to the execution of such supplemental indenture have been complied withmet. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture indentures which affects affect the Indenture Trustee's ’s own rights, duties or immunities under this Indenture Indenture, the Notes or otherwise.

Appears in 2 contracts

Sources: Indenture (Brasil Telecom Sa), Indenture (Brasil Telecom Holding Co)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Trust Indenture Act Sections 315(a) through 315(d) and Section 6.1602 hereof) shall be fully protected in conclusively relying upon, an Opinion of Counsel and an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receivegiven, and (subject to Section 6.16.01) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent in the Indenture to the execution of the supplemental indenture have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Church & Dwight Co Inc /De/), Indenture (Church & Dwight Co Inc /De/)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee Company shall be entitled deliver to receivethe Trustee, and (subject to Section 6.1601) the Trustee shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, as well as an Opinion of Counsel and that all conditions precedent have been complied withOfficers’ Certificate as set forth in Section 102. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Senior Indenture (Global Ship Lease 13 LTD), Subordinated Indenture (Global Ship Lease 13 LTD)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture or waiver permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and in addition to the documents required by Section 1.2, an Opinion of Counsel and an Officer’s Certificate each stating that the execution of such supplemental indenture or waiver is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture or waiver which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Gerdau Trade II Inc.), Indenture (Gerdau Trade II Inc.)

Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Trustee's own rights, duties duties, indemnities or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Junior Subordinated Indenture (Bnccorp Inc), Junior Subordinated Indenture (Vib Corp)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications modification thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel and an Officer's Certificate stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent to the execution of such supplemental indenture have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (Accredo Therapeutics Inc), Indenture (Accredo Therapeutics Inc)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1601) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Junior Subordinated Indenture (Vib Corp), Junior Subordinated Indenture (Amerus Capital I)

Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article VI or the modifications modification thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.01 and 6.02 hereof, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent thereto have been complied with. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's ’s own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Trust Agreement (American Home Mortgage Investment Trust 2005-4), Trust Agreement (American Home Mortgage Investment Trust 2005-4)

Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.01 and 6.02, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent to the execution and delivery thereof have been complied withsatisfied. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 2 contracts

Sources: Indenture (National Collegiate Student Loan Trust 2007-1), Indenture (National Collegiate Student Loan Trust 2007-2)

Execution of Supplemental Indentures. In executing executing, ------------------------------------ or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.1 and 6.2, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent to such execution have been complied withsatisfied. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Navistar Financial Retail Receivables Corporation)

Execution of Supplemental Indentures. In executing executing, or accepting ------------------------------------ permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.1 and 6.2, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel (and, if requested, an Officer's Certificate) stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (J P Morgan Acceptance Corp I)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article Nine or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1601) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and an Officers' Certificate stating that all conditions precedent to the execution of such supplemental indenture have been complied withfulfilled. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Southern Mineral Corp)

Execution of Supplemental Indentures. In executing ------------------------------------ executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.1 and 6.2, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent to such execution have been complied withsatisfied. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Navistar Financial Retail Receivables Corporation)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article Nine or the modifications thereby of the trust trusts created by this Indenture, the Trustee for any series of Securities shall be entitled to receiveprovided with, and (subject to Section 6.1601) shall be fully protected in conclusively relying upon, an Officers' Certificate and in addition to the documents required by Section 102 hereof, an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee for any series of Securities may, but shall not be obligated to, enter into any such supplemental indenture which affects the such Trustee's ’s own rights, liabilities, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Sunstone Hotel Investors, Inc.)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee for the Securities of any series shall be entitled to receiveprovided with, and (subject to Section 6.1Sections 8.01 and 8.03 hereof) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel and an Officer’s Certificate each stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Such Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the such Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Hotels.com GP, LLC)

Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Junior Subordinated Indenture (Equitable Resources Capital Trust I)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel and Officers’ Certificate and Guarantor’s Officers’ Certificate, as the case may be, stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Clarksburg Skylark, LLC)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1601) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel and Officers’ Certificate and Guarantor’s Officers’ Certificate, as the case may be, stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.. 43

Appears in 1 contract

Sources: Indenture (Western Gas Partners LP)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.16.01) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent have been complied withthe supplemental indenture conforms to the requirements of the Trust Indenture Act as then in effect. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which adversely affects the Trustee's own rights, duties or immunities under this Indenture or otherwiseotherwise in a material way.

Appears in 1 contract

Sources: Indenture (Prison Realty Trust Inc)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Opinion of Counsel and an Officers' Certificate and an Opinion of Counsel collectively stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent herein provided for relating to such transaction have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Petro Canada)

Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article VIII or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1Sections 6.01 and 6.03) shall be fully protected in conclusively relying in good faith upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent applicable thereto under this Indenture have been complied withsatisfied. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (MCG Capital Corp)

Execution of Supplemental Indentures. In executing executing, or accepting ------------------------------------ permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications modification thereby of the trust trusts created ---------- by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.01 and 6.02 hereof, shall be fully protected in conclusively relying ------------- ---- upon, an Officers' Officer's Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Ascent Entertainment Group Inc)

Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.16.01) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, or which may subject it to liability or be contrary to applicable law.

Appears in 1 contract

Sources: Junior Subordinated Indenture (Bancorp Hawaii Capital Trust I)

Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications modification thereby ---------- of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.01 and 6.02, shall be fully protected in conclusively ------------- ---- relying upon, an Officers' Certificate and an Opinion of Counsel (subject to customary qualifications) stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's own rights, duties duties, liabilities or immunities under this Indenture or otherwise. The Indenture Trustee shall provide copies of each supplemental indenture to the Rating Agencies.

Appears in 1 contract

Sources: Indenture (MCG Capital Corp)

Execution of Supplemental Indentures. In executing executing, or accepting ------------------------------------ permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receive, and (subject to Section 6.1) Sections 6.1 and 6.2, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent to such execution have been complied withsatisfied. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's own rights, duties duties, liabilities, indemnities or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (First Security Bank Na)

Execution of Supplemental Indentures. In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article IX or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent herein provided for relating to such action have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Trustee's ’s own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Junior Subordinated Indenture (American Safety Insurance Group LTD)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1601) shall be fully protected in conclusively relying upon, an Officers' Certificate and in addition to the documents required by Section 102, an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied withthe Subsidiary Guarantees, or the Security Documents. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture Indenture, the Subsidiary Guarantees, or the Security Documents or otherwise.

Appears in 1 contract

Sources: Indenture (General Media Inc)

Execution of Supplemental Indentures. In executing or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications modification thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1601) shall be fully protected in conclusively relying upon, an Officers' Officer's Certificate stating that all conditions precedent to the execution of such supplemental indenture have been fulfilled and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Wachovia Corp/ Nc)

Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trust trusts created by this Indenture, the Indenture Trustee and the Insurer shall be entitled to receive, and (subject to Section 6.1) Sections 6.1 and 6.2, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel (and, if requested, an Officer's Bond) stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent have been complied with. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental indenture which that affects the Indenture Trustee's own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Sequoia Residential Funding Inc)

Execution of Supplemental Indentures. In executing executing, or accepting the additional trusts created by by, any supplemental indenture permitted by this Article or the modifications thereby of the trust trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.110.01) shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel and Officer’s Certificate stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent to the execution of such supplemental indenture have been complied with. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's ’s own rights, duties duties, immunities or immunities liabilities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (PACIFIC GAS & ELECTRIC Co)

Execution of Supplemental Indentures. In executing executing, or accepting permitting the additional trusts created by by, any supplemental indenture permitted by this Article IX or the modifications modification thereby of the trust trusts created by this Indenture, the Indenture Trustee shall be entitled to receivereceive and, and (subject to Section 6.1) Sections 6.1 and 6.2, shall be fully protected in conclusively relying upon, an Officers' Certificate and an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, Indenture and that all conditions precedent to the execution and delivery of such supplemental indenture have been complied withsatisfied. The Indenture Trustee may, but shall not be obligated to, enter into any such supplemental supple- mental indenture which that affects the Indenture Trustee's own rights, duties duties, liabilities or immunities under this Indenture or otherwise.

Appears in 1 contract

Sources: Indenture (Mmca Auto Receivables Inc)