Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include: (a) a statement that the individual making such certificate or opinion has read such covenant or condition; (b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (c) a statement that, in the opinion of such individual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (d) a statement as to whether or not, in the opinion of such individual, such covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 150 contracts
Sources: Indenture (Berry Global Group, Inc.), Indenture (Talos Energy Inc.), Indenture (Talos Energy Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of such individual, such covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 79 contracts
Sources: Indenture (XBP Global Holdings, Inc.), Indenture (Enpro Inc.), Indenture (QXO, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(ai) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(ciii) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 65 contracts
Sources: Indenture (FelCor Lodging LP), Indenture (FelCor Lodging Trust Inc), Indenture (Jsce Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to the certificate required by Section 4.094.04) shall include:
(a) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 60 contracts
Sources: Indenture (Tapestry, Inc.), Subordinated Indenture (60 Degrees Pharmaceuticals, Inc.), Senior Indenture (VCI Global LTD)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall must include:
(a) a statement that each person signing the individual making such certificate or opinion has read such the covenant or conditioncondition and the related definitions;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such the certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he that person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 26 contracts
Sources: Indenture (Cosan S.A.), Supplemental Indenture, Indenture (Cosan Ltd.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers’ Certificate required by Section 4.09) 4.06, shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 26 contracts
Sources: Indenture (Davita Healthcare Partners Inc.), Indenture (Physicians Choice Dialysis, LLC), Indenture (Davita Healthcare Partners Inc.)
Statements Required in Certificate or Opinion. Each certificate (other than certificates provided pursuant to Section 4.04) or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
: (ai) a statement that the individual person making such certificate or opinion has read such covenant or condition;
; (bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
; (ciii) a statement that, in the opinion of such individualperson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
and (div) a statement as to whether or not, in the opinion of such individualperson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates certificate of public officials.
Appears in 21 contracts
Sources: Indenture (China Pharma Holdings, Inc.), Indenture (Reborn Coffee, Inc.), Indenture (ProMIS Neurosciences Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(aA) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(bB) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(cC) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(dD) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 21 contracts
Sources: Indenture (Crescent Energy Co), Indenture (Magnolia Oil & Gas Corp), Indenture (Crescent Energy Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officer’s Certificate required by Section 4.09) 4.06, shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 20 contracts
Sources: Indenture (Davita Inc.), Indenture (Davita Inc.), Indenture (PGT Innovations, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers’ Certificate required by Section 4.09) 4.03, shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officialsofficials and may be subject to other customary exceptions, limitations and qualifications.
Appears in 20 contracts
Sources: Indenture (Rithm Capital Corp.), Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or conditioncondition and the related definitions;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 19 contracts
Sources: Indenture (New Gold Inc. /FI), Indenture, Indenture (Aris Mining Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.094.14) shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he such Person has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 18 contracts
Sources: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04 hereof) shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 18 contracts
Sources: Indenture (Hilton Worldwide Holdings Inc.), Indenture (Performance Food Group Co), Indenture (Hilton Worldwide Holdings Inc.)
Statements Required in Certificate or Opinion. Each certificate (other than certificates provided pursuant to Section 4.04 hereof) or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(ai) a statement that the each individual making signing such certificate or opinion has read such covenant or condition;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(ciii) a statement that, in the opinion of each such individualperson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates certificate of public officials.
Appears in 17 contracts
Sources: Senior Indenture (Northwest Biotherapeutics Inc), Senior Indenture (Kingold Jewelry, Inc.), Senior Indenture (ZST Digital Networks, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers’ Certificate required by Section 4.09) 4.06, shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 17 contracts
Sources: Indenture (Seitel Inc), Indenture (Omega Healthcare Investors Inc), Indenture (CPI International, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) and shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 17 contracts
Sources: Indenture (Sinclair Broadcast Group, LLC), Indenture (Sinclair Broadcast Group, LLC), Indenture (Sinclair Broadcast Group, LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(ai) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(ciii) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 16 contracts
Sources: Indenture (FelCor Lodging Trust Inc), Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 16 contracts
Sources: Senior Indenture (Donaldson Lufkin & Jenrette Inc /Ny/), Indenture (Becton Dickinson & Co), Senior Notes Indenture (RSL Communications PLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officer’s Certificate required by Section 4.09) 5.05, shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 15 contracts
Sources: Nineteenth Supplemental Indenture (MPT Operating Partnership, L.P.), Seventeenth Supplemental Indenture (MPT Operating Partnership, L.P.), Eighteenth Supplemental Indenture (MPT Operating Partnership, L.P.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04 hereof) shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (which examination or investigation, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 15 contracts
Sources: Indenture (Beasley Broadcast Group Inc), Indenture (Beasley Broadcast Group Inc), Indenture (Cumulus Media Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04 hereof) shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 15 contracts
Sources: Indenture (MPT Operating Partnership, L.P.), Indenture (Finance of America Companies Inc.), Indenture (Finance of America Companies Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to TIA Section 4.09314(a)(4)) shall include:
(a1) a statement that the individual person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(d4) a statement as to whether or not, in the opinion of such individualperson, such condition or covenant or condition has been complied withsatisfied; providedPROVIDED, howeverHOWEVER, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 14 contracts
Sources: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to the certificate provided for in Section 4.094.04) shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate officer’s certificate or certificates of public officials.
Appears in 14 contracts
Sources: Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(ai) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(ciii) a statement that, in the opinion of each such individualperson, he the person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 13 contracts
Sources: Guaranty Agreement (Steel Dynamics Inc), Indenture (Steel Dynamics Inc), Indenture (SPX FLOW, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officers’ Certificate as to matters of fact); and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 12 contracts
Sources: Indenture (Lionsgate Studios Corp.), Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Corp /Cn/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers’ Certificate required by Section 4.09) 4.8, shall include:
(ai) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(ciii) a statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 12 contracts
Sources: Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc)
Statements Required in Certificate or Opinion. Each certificate (other than certificates provided pursuant to Section 4.04 hereof) or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the each individual making signing such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of each such individualperson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates certificate of public officials.
Appears in 12 contracts
Sources: Subordinated Indenture (Precipio, Inc.), Subordinated Indenture (Northwest Biotherapeutics Inc), Subordinated Indenture (Kingold Jewelry, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than the Officers’ Certificate required by Section 4.04 or a certificate provided pursuant to Section 4.09Trust Indenture Act § 314(a)(4)) shall comply with the provisions of Trust Indenture Act § 314(e) and shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 11 contracts
Sources: Indenture (Vantage Drilling CO), Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04 hereof) shall include:
(aA) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(bB) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(cC) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(dD) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 11 contracts
Sources: Indenture (Iqvia Holdings Inc.), Indenture (Iqvia Holdings Inc.), Indenture (Iqvia Holdings Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to the certificate required by Section 4.094.3) shall include:
(a) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, howeverhowever , that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 11 contracts
Sources: Senior Indenture (MULTI COLOR Corp), Subordinated Indenture (MULTI COLOR Corp), Senior Indenture (Meridian Bioscience Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withmet; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied withmet; providedPROVIDED, howeverHOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 11 contracts
Sources: Indenture (Noble Broadcast Group Inc /Oh/), Indenture (Wichita Manufacturing Inc), Indenture (Efm Programming Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers’ Certificate required by Section 4.09) 4.05, shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 11 contracts
Sources: Indenture (Omega Healthcare Investors Inc), Indenture (OHI Healthcare Properties Limited Partnership), Indenture (OHI Healthcare Properties Limited Partnership)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(ai) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(ciii) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; providedPROVIDED, howeverHOWEVER, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 11 contracts
Sources: Indenture (Stone Container Corp), Indenture (Stone Container Corp), Indenture (GST Telecommunications Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officer’s Certificate required by Section 4.09) 4.05, shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 10 contracts
Sources: Indenture (Ryman Hospitality Properties, Inc.), Indenture (ESH Hospitality, Inc.), Indenture (Ryman Hospitality Properties, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers' Certificate required by Section 4.09) 4.06, shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 10 contracts
Sources: Indenture (Nortek Inc), Indenture (Nortek Inc), Indenture (Nortek Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall must include:
(ai) a statement that each person signing the individual making such certificate or opinion has read such the covenant or conditioncondition and the related definitions;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such the certificate or opinion are is based;
(ciii) a statement that, in the opinion of each such individualperson, he that person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 9 contracts
Sources: Indenture (DPL Inc), Indenture (DPL Inc), Indenture (DPL Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individual, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an officer’s certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individual, such covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 9 contracts
Sources: Supplemental Indenture (Kronos Worldwide Inc), Indenture (Kronos Worldwide Inc), Indenture (Tenneco Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion Officer's Certificate and Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a1) a statement that the individual each Person making such certificate Officer's Certificate or opinion Opinion of Counsel has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate Officer's Certificate or opinion Opinion of Counsel are based;
(c3) a statement that, in the opinion of each such individualPerson, he such Person has made such examination or investigation as is necessary to enable him such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or notthat, in the opinion of such individualPerson, such covenant or condition has been complied with; provided, however, that with respect to matters of fact not involving any legal conclusion, an Opinion of Counsel may rely on an Officers’ Officer's Certificate or certificates of public officials.
Appears in 9 contracts
Sources: Indenture (Pseg Power Capital Trust V), Indenture (Public Service Enterprise Group Inc), Indenture (Public Service Enterprise Group Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this the Indenture (other than pursuant to Section 4.09) shall must include:
(ai) a statement that each person signing the individual making such certificate or opinion has read such the covenant or conditioncondition and the related definitions;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such the certificate or opinion are is based;
(ciii) a statement that, in the opinion of each such individualperson, he that person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 9 contracts
Sources: Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers’ Certificate required by Section 4.09) 4.06, shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 9 contracts
Sources: Indenture (Warner Chilcott PLC), Indenture (Buhrmann Nederland B.V.), Indenture (Warner Chilcott CORP)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04 hereof) shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 8 contracts
Sources: Indenture (Toys R Us Inc), Indenture (Toys R Us Inc), Indenture (DJO Finance LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of such individual, such covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 8 contracts
Sources: Indenture (Nalco Energy Services Equatorial Guinea LLC), Indenture (Nalco Energy Services Equatorial Guinea LLC), Indenture (Nalco Energy Services Equatorial Guinea LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this the Indenture (other than pursuant to Section 4.09) shall must include:
(a) a statement that each person signing the individual making such certificate or opinion has read such the covenant or conditioncondition and the related definitions;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such the certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he that person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 8 contracts
Sources: Indenture (GeoPark LTD), Indenture (GeoPark Holdings LTD), Indenture (PHH Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04 hereof) shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officers’ Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 8 contracts
Sources: Indenture (Beazer Homes Usa Inc), Indenture (Viavi Solutions Inc.), Indenture (Belden Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers' Certificate required by Section 4.09) 8.4, shall include:
(a1) a statement that the individual person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 8 contracts
Sources: Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) and shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with . With respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or Officer’s Certificate, certificates of public officialsofficials or reports or opinions of experts.
Appears in 8 contracts
Sources: Indenture (Smithfield Foods Inc), Indenture (Smithfield Foods Inc), Indenture (Smithfield Foods Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) Indenture, the Notes or the Security Documents shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 7 contracts
Sources: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than the Officers’ Certificate required by Section 4.04 or a certificate provided pursuant to Section 4.09Trust Indenture Act § 314(a)(4), shall comply with the provisions of Trust Indenture Act § 314(e) and shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied withwith or satisfied; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 7 contracts
Sources: Supplemental Indenture (Alere Inc.), Sixteenth Supplemental Indenture (Alere Inc.), Fifteenth Supplemental Indenture (Alere Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Trust Indenture Act Section 4.09314(a)(4)) shall comply with the provisions of Trust Indenture Act Section 314(e) and shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 7 contracts
Sources: Indenture (Cogent Communications Holdings, Inc.), Indenture (Cogent Communications Group Inc), Indenture (Tops Markets Ii Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers' Certificate required by Section 4.09) 4.08, shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, -------- however, that with respect to matters of fact an Opinion of Counsel may ------- rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 7 contracts
Sources: Indenture (Pacer Express Inc), Indenture (MTL Inc), Indenture (Encompass Services Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (which examination or investigation, in the case of an Opinion of Counsel, may be limited to reliance on an Officers’ Certificate as to matters of fact or certificates of public officials); and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 7 contracts
Sources: Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Officers’ Certificates provided for in Section 4.094.03) shall include:
(a) a statement that the individual making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of such individual, such covenant or condition has been complied with; provided, however, that with respect to matters of fact . In giving an Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ Certificate or such other certificates of officer(s) of the Company as it may deem appropriate and on certificates of public officials.
Appears in 7 contracts
Sources: Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp), Indenture (TICC Capital Corp.)
Statements Required in Certificate or Opinion. Each certificate Officer's Certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer's Certificate or certificates of public officials. At the request of the Trustee, any Officer's Certificate or Opinion of Counsel shall address any particular condition precedent to such action.
Appears in 7 contracts
Sources: Indenture (Toyota Auto Lease Trust 1998 C), Indenture (Toyota Motor Credit Corp), Indenture (Toyota Auto Lease Trust 1997-A)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.094.14 hereof) shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he such Person has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 7 contracts
Sources: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)
Statements Required in Certificate or Opinion. Each --------------------------------------------- certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(ai) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(ciii) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 6 contracts
Sources: Indenture (Itc Deltacom Inc), Indenture (Urs Corp /New/), Indenture (Itc Deltacom Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.07) shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is he or she deems necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be subject to customary exceptions and qualifications and limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 6 contracts
Sources: Senior Notes Indenture (Hanesbrands Inc.), Senior Notes Indenture (IHS Markit Ltd.), Senior Notes Indenture (IHS Markit Ltd.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; providedPROVIDED, howeverHOWEVER, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 6 contracts
Sources: Subordinated Indenture (Credit Suisse Group), Senior Euro Notes Indenture (Viatel Inc), Subordinated Indenture (Credit Suisse Group)
Statements Required in Certificate or Opinion. Each certificate (other than the certificates provided pursuant to Section 4.07) or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a1) a statement that the individual person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or notwhether, in the opinion of such individualperson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 6 contracts
Sources: Indenture (Global Telesystems Europe B V), Indenture (Global Telesystems Group Inc), Indenture (Hermes Europe Railtel B V)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 6 contracts
Sources: Subordinated Indenture (Credit Suisse Group), Senior Guaranteed Indenture (Credit Suisse Group), Senior Indenture (Credit Suisse (Usa) Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; providedPROVIDED, howeverHOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 6 contracts
Sources: Indenture (Alderwoods Group Inc), Indenture (Loewen Group International Inc), Indenture (Loewen Group International Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion opinion, including each Officers’ Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a1) a statement that the individual making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of such individual, such covenant or condition has been complied with; provided, however, that with respect to matters of fact . In giving an Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ Certificate or on certificates of public officials.
Appears in 6 contracts
Sources: Indenture (Homex Development Corp.), Indenture, Indenture (Elan Corp PLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.07) shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officers’ Certificate as to matters of fact); and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 5 contracts
Sources: Senior Notes Indenture (TTM Technologies Inc), Senior Notes Indenture (TTM Technologies Inc), Senior Notes Indenture (Brinker International Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04 hereof) shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 5 contracts
Sources: Indenture (Viasat Inc), Indenture (Viasat Inc), Indenture (Diamond Offshore Drilling, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.09) 4.04 hereof and shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 5 contracts
Sources: Indenture (Sotera Health Co), Indenture (Sotera Health Co), Indenture (JELD-WEN Holding, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 5 contracts
Sources: Indenture (Life Time Group Holdings, Inc.), Indenture (Life Time Group Holdings, Inc.), Indenture (Life Time Group Holdings, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall must include:
(a) a statement that each person signing the individual making such certificate or opinion has read such the covenant or conditioncondition and the related definitions;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such the certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he that person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 5 contracts
Sources: Indenture (Natura &Co Holding S.A.), Indenture (Telecom Argentina Sa), Indenture (Telecom Argentina Sa)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 5 contracts
Sources: Indenture (New Fortress Energy Inc.), Indenture (Amentum Holdings, Inc.), Indenture (Covanta Holding Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 5 contracts
Sources: Indenture (Alcon Inc), Indenture (Kansas City Southern), Indenture (KCS Holdings I, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (which examination or investigation, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact or certificates of public officials); and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 5 contracts
Sources: Indenture (FTAI Infrastructure LLC), Indenture (Fortress Transportation & Infrastructure Investors LLC), Indenture (Fortress Transportation & Infrastructure Investors LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 5 contracts
Sources: Indenture (SS&C Technologies Holdings Inc), Indenture (Black Knight, Inc.), Indenture (Hill-Rom Holdings, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers’ Certificate required by Section 4.09) 6.06, shall include:
(ai) a A statement that the individual Person making such certificate or opinion has read such covenant or condition;
(bii) a A brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(ciii) a A statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(div) a A statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 5 contracts
Sources: Indenture (Us Concrete Inc), Indenture (Bode Concrete LLC), Indenture (Bode Concrete LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a1) a statement that the individual each Person making such certificate or opinion has read such covenant or conditioncondition and the related definitions;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officers’ Certificate as to matters of fact); and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 5 contracts
Sources: Indenture (Millrose Properties, Inc.), Indenture (Forestar Group Inc.), Indenture (Forestar Group Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of such individualperson, such condition or covenant or condition has been complied with; providedPROVIDED, howeverHOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 5 contracts
Sources: Indenture (Loewen Group Inc), Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall must include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; , provided, however, that with respect to matters an issuer of fact an Opinion of Counsel may reasonably rely as to any matter of fact on an Officers’ Certificate or certificates a certificate of a public officialsofficial.
Appears in 4 contracts
Sources: Indenture (Six Flags Entertainment Corp), Indenture (Six Flags Entertainment Corp), Indenture (Six Flags Entertainment Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (which examination or investigation, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact or certificates of public officials); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 4 contracts
Sources: Indenture (Meredith Corp), Indenture (Meredith Corp), Indenture (Time Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to the certificate provided for in Section 4.094.03) shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate officer's certificate or certificates of public officials.
Appears in 4 contracts
Sources: Indenture (Advanced Micro Devices Inc), Indenture (Getchell Gold Corp), Indenture (Thiokol Corp /De/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04 hereof) shall include:
(a1) a statement that each person signing the individual making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such the certificate or opinion are is based;
(c3) a statement that, in the opinion of each such individualperson, he that person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 4 contracts
Sources: Indenture (Viasat Inc), Indenture (Maxar Technologies Inc.), Indenture (Maxar Technologies Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.07) shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 4 contracts
Sources: Senior Notes Indenture (Mativ Holdings, Inc.), First Supplemental Indenture (DIEBOLD NIXDORF, Inc), Senior Secured Notes Indenture (DIEBOLD NIXDORF, Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall must include:
(a) a statement that each person signing the individual making such certificate or opinion has read such the covenant or conditioncondition and the related definitions;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such the certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he that person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; , provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 4 contracts
Sources: Indenture (Enduro SpA), Indenture (Emeco Parts Pty LTD), Indenture (Emeco Parts Pty LTD)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers' Certificate required by Section 4.09) 4.08, shall include:
(a1) a statement that the individual person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 4 contracts
Sources: Indenture (Vs Holdings Inc), Indenture (Sheffield Steel Corp), Indenture (Walbro Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officer’s Certificate required by Section 4.09) 4.04, shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 4 contracts
Sources: Second Supplemental Indenture (CoreCivic, Inc.), First Supplemental Indenture (Corrections Corp of America), Indenture (Corrections Corp of America)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual making each person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(c) a statement that, in the opinion of each such individualperson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer's Certificate or certificates of public officials.
Appears in 4 contracts
Sources: Indenture (Glaxosmithkline PLC), Indenture (Glaxosmithkline PLC), Indenture (Glaxosmithkline Capital Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to the certificate provided for in Section 4.094.03 hereof) shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate officer's certificate or certificates of public officials.
Appears in 4 contracts
Sources: Indenture (Guitar Center Inc), Indenture (Entercom Radio LLC), Indenture (Owens Illinois Inc /De/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officer’s Certificate required by Section 4.09) 4.06, shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 4 contracts
Sources: Indenture (Quality Care Properties, Inc.), Indenture (CareTrust REIT, Inc.), Indenture (Ply Gem Holdings Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) and shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 4 contracts
Sources: Indenture (Avantor, Inc.), Indenture (Avantor, Inc.), Indenture (Avantor, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than an Officer’s Certificate provided pursuant to Section 4.094.04) shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 4 contracts
Sources: Indenture (Block, Inc.), Indenture (Coinbase Global, Inc.), Indenture (Square, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04) shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, however that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 4 contracts
Sources: Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a) a statement that the individual making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of such individual, such covenant or condition has been complied with; providedPROVIDED, howeverHOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 4 contracts
Sources: Indenture (Intelsat LTD), Indenture (Intelsat LTD), Indenture (Intelsat LTD)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall includeIndenture:
(a1) a statement that the individual making such certificate or opinion has read such covenant covenants or conditionconditions precedent provided for in this Indenture relating to the proposed action;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individual, he has made such examination or investigation as is necessary to enable him such individual to express an informed opinion as to whether or not such covenant covenants or condition has conditions precedent have been complied with; and
(d4) a statement as to whether or not, in the opinion of such individual, such covenant all covenants or condition has conditions precedent as provided for in this Indenture relating to the proposed action have been complied with; provided, however, that with respect to matters of fact an . In giving such Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ Officer’s Certificate or on certificates of public officials.
Appears in 4 contracts
Sources: Indenture (Owens & Minor Inc/Va/), Indenture (Option Care Health, Inc.), Indenture (Thor Industries Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.094.05(b)) shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions contained in such certificate or opinion are based;
(c3) a brief statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 4 contracts
Sources: Indenture (Isp Holdings Inc), Indenture (Building Materials Corp of America), Indenture (Isp Holdings Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant condition or condition covenant, if any, provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04 hereof) shall include:
(a) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant covenant, if any, or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officers’ Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individualPerson, such covenant condition or condition covenant, if any, has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 4 contracts
Sources: Indenture (Aramark), Indenture (Aramark), Indenture (Aramark)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall must include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(d4) a statement as to whether or not, in the opinion of such individualPerson, such condition or covenant or condition has been complied withsatisfied; provided, however, provided that with respect to matters an issuer of fact an Opinion of Counsel may rely as to matters of fact on an Officers’ Officer’s Certificate or certificates a certificate of a public officialsofficial and an Officer executing an Officer’s Certificate may rely as to legal conclusions on an Opinion of Counsel.
Appears in 4 contracts
Sources: Indenture (Adient PLC), Indenture (Specialty Building Products, Inc.), Indenture (Forterra, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion Officer's Certificate and Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture (other than a certificate provided pursuant to TIA Section 4.09314(a)(4)) shall comply with the provisions of TIA Section 314(e) and shall include:
(a) a statement that the individual each Person making such certificate Officer's Certificate or opinion Opinion of Counsel has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate Officer's Certificate or opinion Opinion of Counsel are based;
(c) a statement that, in the opinion of such individualPerson, he such Person has made such examination or investigation as is necessary to enable him such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or notthat, in the opinion of such individualPerson, such covenant or condition has been complied with; provided, however, that with respect to matters of fact not involving any legal conclusion, an Opinion of Counsel may rely on an Officers’ Officer's Certificate or certificates of public officials.
Appears in 3 contracts
Sources: Indenture (Anthem Inc), Indenture (Prudential Financial Inc), Indenture (Prudential Financial Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers' Certificate required by Section 4.09) 4.06, shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 3 contracts
Sources: Indenture (MAAX Holdings, Inc.), Indenture (Communications & Power Industries Inc), Indenture (MAAX Holding Co.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.17 hereof) shall include:
(a) a statement that the individual making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of such individual, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 3 contracts
Sources: Indenture (Azul Sa), Indenture (Hawaiian Holdings Inc), Indenture (Spirit Airlines, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 4.09) shall include:
(a1) a statement that the individual making each Person signing such certificate or opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such certificate or opinion are is based;
(c3) a statement that, in the opinion of each such individualPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or notwhether, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, however, that that, with respect to matters of fact fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 3 contracts
Sources: Indenture (Nii Holdings Inc), Indenture (Nii Holdings Cayman LTD), Indenture (Nii Holdings Cayman LTD)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.094.04 hereof) shall include:
(a1) a statement that each person signing the individual making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements statement or opinions opinion contained in such the certificate or opinion are is based;
(c3) a statement that, in the opinion of each such individualperson, he that person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 3 contracts
Sources: Indenture (Viasat Inc), Indenture (Viasat Inc), Indenture (Viasat Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers' Certificate required by Section 4.09) 5.7, shall include:
(a1) a statement that the individual person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualperson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such individualperson, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 3 contracts
Sources: Indenture (Color Spot Nurseries Inc), Indenture (Color Spot Nurseries Inc), Indenture (Color Spot Nurseries Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.095.03) shall include:
(a) a statement that the individual making such certificate or opinion has read such covenant or condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of such individual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of such individual, such covenant or condition has been complied with; provided, however, that with respect to matters of fact an . In giving such Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ ' Certificate or on certificates of public officials.
Appears in 3 contracts
Sources: Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (Indenture, other than pursuant to the Officers' Certificate required by Section 4.09) 4.08, shall include:
(a1) a statement that the individual Person making such certificate or opinion has read such covenant or condition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based;
(c3) a statement that, in the opinion of such individualPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such individualPerson, such condition or covenant or condition has been complied with; provided, howeverHOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 3 contracts
Sources: Indenture (Acme Intermediate Holdings LLC), Indenture (Acme Intermediate Holdings LLC), Indenture (Acme Television LLC)