Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include: (1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based; (3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 53 contracts
Sources: Indenture (UWM Holdings Corp), Indenture (UWM Holdings Corp), Indenture (Mr. Cooper Group Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this the Indenture must include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 47 contracts
Sources: Indenture (UWM Holdings Corp), Indenture (Huntington Ingalls Industries, Inc.), Indenture (Enova International, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers' Certificate required by Section 4.06, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 37 contracts
Sources: Indenture (Altra Industrial Motion, Inc.), Indenture (Nationsrent Companies Inc), Credit Agreement (Golfsmith International Holdings Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 22 contracts
Sources: Indenture (Amo Holdings LLC), Indenture (United Auto Group Inc), Indenture (Aep Industries Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must includeIndenture:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that 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 with respect to matters of factofficials.
Appears in 20 contracts
Sources: Indenture (Wayfair Inc.), Indenture (Beach Acquisition Co Parent, LLC), Indenture (Builders FirstSource, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 16 contracts
Sources: Indenture (Price Communications Corp), Indenture (Price Communications Corp), Indenture (Montgomery Cellular Telephone Co Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials with respect to matters of fact.
Appears in 15 contracts
Sources: Indenture (Rocket Companies, Inc.), Indenture (Rocket Companies, Inc.), Indenture (SB/RH Holdings, LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must Indenture, the Notes or the Notes Collateral Documents shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that 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 with respect to matters of factofficials.
Appears in 15 contracts
Sources: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers' Certificate required by Section 4.07, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 12 contracts
Sources: Indenture (Huntsman Advanced Materials (UK) LTD), Indenture (Huntsman Polymers Corp), Indenture (Huntsman LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than a certificate provided pursuant to Section 4.07) shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person 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
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 12 contracts
Sources: Senior Notes Indenture (Caci International Inc /De/), Senior Notes Indenture (Equitrans Midstream Corp), Senior Secured Notes Indenture (WeWork Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 12 contracts
Sources: Indenture (Jazz Casino Co LLC), Indenture (Ggri Inc), Indenture (Capital Gaming International Inc /Nj/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1a) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3c) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person 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
(4d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 11 contracts
Sources: Indenture (Anywhere Real Estate Group LLC), Indenture (PBF Holding Co LLC), Indenture (Anywhere Real Estate Group LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1A) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2B) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3C) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person 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
(4D) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 11 contracts
Sources: Indenture (NXP Semiconductors N.V.), Indenture (Freescale Semiconductor, Ltd.), Indenture (NXP Semiconductors N.V.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must includeIndenture:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person such individual to express an informed opinion as to whether or not such covenant or condition has been satisfied or complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been satisfied or complied with, provided that 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 with respect to matters of factofficials.
Appears in 10 contracts
Sources: Indenture (Carvana Co.), Indenture (Carvana Co.), Indenture (Carvana Co.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers’ Certificate required by Section 4.4, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 9 contracts
Sources: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with. With respect to matters of fact, provided that an Opinion of Counsel may rely on an Officers’ Certificate or Certificate, certificates of public officials with respect to matters or reports or opinions of factexperts.
Appears in 9 contracts
Sources: Indenture (Videotron Ltee), Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers’ Certificate required by Section 4.07, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 9 contracts
Sources: Indenture (Huntsman CORP), Indenture (Huntsman CORP), Indenture (Wickes Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must includeIndenture:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person such individual to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that 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 with respect to matters of factofficials.
Appears in 9 contracts
Sources: Indenture (Ryan Specialty Holdings, Inc.), Indenture (Windstream Parent, Inc.), Indenture (Ryan Specialty Group Holdings, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to regardless of whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or notwhether, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 8 contracts
Sources: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this the Indenture must include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials with respect to matters of fact.
Appears in 8 contracts
Sources: Indenture (Enova International, Inc.), Indenture (Enova International, Inc.), Indenture
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must (other than pursuant to Section 3.18) shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that 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 with respect to matters of factofficials.
Appears in 7 contracts
Sources: Indenture (Libbey Inc), Indenture (Libbey Inc), Indenture (Gibraltar Industries, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1a) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3c) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person 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
(4d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 7 contracts
Sources: Indenture (United States Steel Corp), Indenture (Community Choice Financial Inc.), Indenture (Community Choice Financial Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (which, in the case of an Opinion of Counsel, may be limited to reliance on an Officers’ Certificate as to matters of fact); and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 7 contracts
Sources: Indenture (Eclipse Resources Corp), Indenture (Eclipse Resources Corp), Indenture (Magnum Hunter Resources Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied (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
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, satisfied; provided that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 6 contracts
Sources: Indenture (Sabre Corp), Indenture (Sabre Corp), Indenture (Sabre Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied withmet; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withmet; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 6 contracts
Sources: Indenture (Doskocil Manufacturing Co Inc), Indenture (Community Distributors Inc), Indenture (Waterford Gaming LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withsatisfied; provided, provided however, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates a certificate of a public officials with respect to matters of factofficial.
Appears in 6 contracts
Sources: Indenture (Patrick Industries Inc), Indenture (Emergent BioSolutions Inc.), Indenture (Patrick Industries Inc)
Statements Required in Certificate or Opinion. Each certificate Officers' Certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 6 contracts
Sources: Indenture (Scios Inc), Indenture (Gilead Sciences Inc), Indenture (Charming Shoppes Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must or any Collateral Agreement, other than the Officers' Certificate required by Section 4.06, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 6 contracts
Sources: Indenture (Eschelon Telecom Inc), Indenture (MRS Fields Financing Co Inc), Indenture (American Rock Salt Co LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, satisfied; provided that an issuer of an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect as to matters of factfact on an Officer’s Certificate or a certificate of a public official.
Appears in 6 contracts
Sources: Indenture (McGraw Hill, Inc.), Indenture (McGraw Hill, Inc.), Indenture (Ingram Micro Holding Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person such Person has made such examination or investigation as is necessary to enable the person such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided provided, however, that an issuer of an Opinion of Counsel may reasonably rely as to any matter of fact on an Officers’ Certificate or certificates a certificate of a public officials with respect to matters of factofficial.
Appears in 6 contracts
Sources: Indenture (Smurfit Westrock PLC), Indenture (Smurfit WestRock PLC), Indenture (Smurfit WestRock PLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must and shall include:
(1a) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3c) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person 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
(4d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 6 contracts
Sources: Indenture (Cogent Communications Holdings, Inc.), Indenture (Cogent Communications Holdings, Inc.), Indenture (Cogent Communications Holdings, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must or any Collateral Agreement, other than the Officers’ Certificate required by Section 4.06, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 6 contracts
Sources: Indenture (Verrazano,inc.), Indenture (Broadview Networks Holdings Inc), Indenture (Sand Springs Railway CO)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this the Indenture must include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of fact.
Appears in 6 contracts
Sources: Indenture (Vitro Sa De Cv), Indenture (Vitro Sa De Cv), Indenture (Compaq Computer Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than statements delivered pursuant to Section 4.04) shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 5 contracts
Sources: Indenture (At&t Capital Corp /De/), Indenture (At&t Capital Corp /De/), Indenture (At&t Capital Corp /De/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person such Person has made such examination or investigation as is necessary to enable the person such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 5 contracts
Sources: Indenture (Versatel Telecom International N V), Indenture (Versatel Telecom International N V), Indenture (Versatel Telecom International N V)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withsatisfied; provided, provided that an issuer of an Opinion of Counsel may can rely as to matters of fact on an Officers’ Certificate or certificates a certificate of a public officials with respect to matters of factofficial.
Appears in 5 contracts
Sources: Indenture (Niska Gas Storage Partners LLC), Indenture (Radio One, Inc.), Indenture (Radio One, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 5 contracts
Sources: Indenture (Fine Host Corp), Indenture (Cellular Communications International Inc), Indenture (Cellular Communications International Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than a certificate provided pursuant to Section 4.04 hereof) must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factsatisfied.
Appears in 5 contracts
Sources: Indenture (Tronox Holdings PLC), Indenture (Tronox LTD), Indenture (Tronox LTD)
Statements Required in Certificate or Opinion. Each certificate or opinion opinion, including any Opinion of Counsel, with respect to compliance with a covenant or condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that 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 with respect to matters of factofficials.
Appears in 5 contracts
Sources: Indenture (Baron Wire & Cable Corp.), Indenture (CCI International, Inc.), Indenture (Movie Gallery Inc)
Statements Required in Certificate or Opinion. Each --------------------------------------------- certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person such Person has made such examination or investigation as is necessary to enable the person such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 4 contracts
Sources: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this the Indenture must include:
(1) a statement that each person Person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such personPerson, that person Person has made such examination or investigation as is necessary to enable the person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of fact.
Appears in 4 contracts
Sources: Indenture (State Auto Financial Corp), Indenture (Roadway Corp), Indenture (Roadway Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, ; provided that an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials with respect to matters of fact.
Appears in 4 contracts
Sources: Indenture (Consensus Cloud Solutions, Inc.), Indenture (Consensus Cloud Solutions, Inc.), Indenture (J2 Global, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than a certificate provided pursuant to Section 4.07) shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person 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
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 4 contracts
Sources: Senior Notes Indenture (Kosmos Energy Ltd.), Senior Notes Indenture (Kosmos Energy Ltd.), Senior Notes Indenture (Kosmos Energy Ltd.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; PROVIDED, provided HOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 4 contracts
Sources: Indenture (Jazz Casino Co LLC), Indenture (Ggri Inc), Indenture (Jazz Casino Co LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than pursuant to Section 5.03) shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 4 contracts
Sources: Indenture (Citadel Broadcasting Corp), Indenture (Citadel Broadcasting Corp), Indenture (Sina Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the such certificate or opinion has read the such covenant or condition and the related definitionsdefinitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the such certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, provided that however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 4 contracts
Sources: Indenture (Earthlink Inc), Indenture (Earthlink Inc), Indenture (PAETEC Holding Corp.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that satisfied. If giving an Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ Officer’s Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 4 contracts
Sources: Indenture, Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must Indenture, the Notes or Collateral Documents shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that 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 with respect to matters of factofficials.
Appears in 4 contracts
Sources: Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied withmet; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withmet; provided, provided that however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 3 contracts
Sources: Indenture (MTR Gaming Group Inc), Senior Indenture (Cross Equipment Company, Inc.), Subordinated Indenture (Cross Equipment Company, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance by the Company with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person Person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such personPerson, that person Person has made such examination or investigation as is necessary to enable the person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 3 contracts
Sources: Indenture (Foster Wheeler Inc), Indenture (Foster Wheeler Inc), Indenture (Foster Wheeler LTD)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture and must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, satisfied. provided that an issuer of an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect as to matters of factfact on an Officer’s Certificate or a certificate of a public official.
Appears in 3 contracts
Sources: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each the Company, such person, that person has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personthe Company, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact' Certificate.
Appears in 3 contracts
Sources: Indenture (Del Webb Corp), Indenture (Del Webb Corp), Indenture (Del Webb Corp)
Statements Required in Certificate or Opinion. Each --------------------------------------------- certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that 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 with respect to matters of factofficials.
Appears in 3 contracts
Sources: Indenture (Global Imaging Systems Inc), Indenture (Advanced Glassfiber Yarus LLC), Indenture (BGF Industries Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than the Officers’ Certificate required by Section 4.03) shall include:
(1) a statement that each person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such covenant or condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 3 contracts
Sources: Indenture (Leucadia National Corp), Indenture (Leucadia National Corp), Indenture (Leucadia National Corp)
Statements Required in Certificate or Opinion. Each certificate Officers' Certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 3 contracts
Sources: Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; PROVIDED, provided HOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 3 contracts
Sources: Indenture (Tower Automotive Inc), Indenture (Petsmart Inc), Indenture (Pride Petroleum Services Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1i) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3iii) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person 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
(4iv) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 3 contracts
Sources: Indenture (Domus Holdings Corp), Indenture (Domus Holdings Corp), Indenture (Realogy Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers' Certificate required by Section 4.6, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Sources: Indenture (LNR Property Corp), Indenture (Lennar Corp /New/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than the Officers' Certificate required by Section 4.03) shall include:
(1) a statement that each person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such covenant or condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Sources: Indenture (Leucadia National Corp), Indenture (Leucadia National Corp)
Statements Required in Certificate or Opinion. Each certificate Certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a A statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; PROVIDED, provided HOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Sources: Indenture (Platinum Technology Inc), Indenture (Platinum Technology Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; PROVIDED, provided HOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Sources: Subordinated Indenture (Forest Oil Corp), Indenture (Timber Tech Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than a certificate pursuant to Section 4.04) must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person such Person has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Sources: Indenture (Herbalife Ltd.), Indenture (Herbalife Nutrition Ltd.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied withmet; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withmet; provided, provided that however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Sources: Indenture (Penton Media Inc), Indenture (Penton Media Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Sources: Indenture (Gamco Investors, Inc. Et Al), Indenture (Gamco Investors, Inc. Et Al)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (which, in the case of an Opinion of Counsel, may be limited to reliance on an Officers' Certificate as to matters of fact); and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Sources: Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than a certificate provided pursuant to Section 4.04) shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person 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
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers' Certificate required by Section 4.06, shall include:
: (1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitions;
condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
; (3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
and (4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Sources: Indenture (Ameristar Casinos Inc), Indenture (Sitel Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Sources: Indenture (Millennium Pharmaceuticals Inc), Indenture (Keystone Marketing Services Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers’ Certificate required by Section 4.06, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Sources: Indenture (Global Crossing Uk Telecommunications LTD), Indenture (Global Crossing LTD)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers' Certificate required by Section 4.04, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Sources: Indenture (Mobile Field Office Co), Indenture (Williams Scotsman of Canada Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, -------- ------- that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Sources: Indenture (Halter Marine Group Inc), Indenture (Data Processing Resources Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied withmet; andand 102
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withmet; provided, provided that however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Sources: Indenture (Radiologix Inc), Indenture (Radiologix Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this First Priority Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied withmet; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withmet; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Sources: Indenture (Satelites Mexicanos Sa De Cv), Indenture (Satelites Mexicanos Sa De Cv)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with; provided, provided that an Opinion of Counsel may can rely as to matters of fact on an Officers’ ' Certificate or certificates a certificate of a public officials with respect to matters of fact.official..
Appears in 2 contracts
Sources: Indenture (Chief Auto Parts Inc), Indenture (Chief Auto Parts Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or notthat, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Sources: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)
Statements Required in Certificate or Opinion. Each certificate Officers' Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that . In giving an Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ ' Certificate or on certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Sources: Indenture (Constar International Inc), Indenture (Constar Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Unsecured Indenture must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, satisfied; provided that an issuer of an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect as to matters of factfact on an Officer’s Certificate or a certificate of a public official.
Appears in 2 contracts
Sources: Indenture (McGraw Hill, Inc.), Indenture (McGraw Hill, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Sources: Indenture (Euramax International PLC), Indenture (Carrols Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must includeIndenture:
(13) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(24) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(35) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(46) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that 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 with respect to matters of factofficials.
Appears in 2 contracts
Sources: Indenture (GCP Applied Technologies Inc.), Indenture (W R Grace & Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than a certificate provided pursuant to Section 4.04) shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person 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
(4) a statement as to whether or not, in the opinion of each such personPerson, such covenant or condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Sources: Indenture (Hudbay Minerals Inc.), Indenture (Hudbay Minerals Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must (other than pursuant to Section 4.11) shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Sources: Indenture (General Chemical Group Inc), Indenture (Gentek Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers’ Certificate required by Section 4.06, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Sources: Indenture (Standard Commercial Corp), Indenture (Kinetic Concepts Inc /Tx/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withmet; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withmet; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officer's Certificate required by Section 4.06, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 2 contracts
Sources: Indenture (3003969 Nova Scotia LTD), Indenture (Universal Compression Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withsatisfied; provided that, provided that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Sources: Indenture (StoneX Group Inc.), Indenture (Intl Fcstone Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must may include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 2 contracts
Sources: Indenture (Cadiz Inc), Indenture (Cadiz Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officer’s Certificate required by Section 4.05, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionsand/or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant and/or or condition has been complied withwith or satisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or and/or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 1 contract
Sources: Indenture (Hi-Crush Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this the Indenture must include:
(1) a statement that each person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such person, that person has made such examination or investigation as is necessary to enable the person 90 97 to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of fact.
Appears in 1 contract
Sources: Indenture (Century Aluminum Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
: (1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitions;
condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
; (3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
and (4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withsatisfied; provided that, provided that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 1 contract
Sources: Indenture (StoneX Group Inc.)
Statements Required in Certificate or Opinion. Each ---------------------------------------------- certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, ; provided that an Opinion of Counsel may can rely as to matters of fact on an Officers’ Officer's Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 1 contract
Sources: Indenture (Ryder TRS Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must includeIndenture, the Notes or the Collateral Documents:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitions;condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is based;are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person such individual to express an informed opinion as to whether or not such covenant or condition has been satisfied or complied with; with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been satisfied or complied with, provided that 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 with respect to matters of factofficials.
Appears in 1 contract
Sources: Indenture (Skillz Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each the person signing the making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such person, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, provided however, that -------- ------- with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he or she has made such examination or investigation as is necessary to enable the person him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withsatisfied; provided, provided however, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 1 contract
Sources: Indenture (Mastec Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, ; provided that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the individual making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personindividual, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with, provided that that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 1 contract
Sources: Indenture (Hexcel Corp /De/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers' Certificate required by Section 4.07, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an 103 104 informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this the Indenture must include:
(1) a statement that each person Person signing the certificate or opinion has read the covenant or condition and the related definitions;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in the certificate or opinion is based;
(3) a statement that, in the opinion of each such personPerson, that person Person has made such examination or investigation as is necessary to enable the person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that 90 an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of fact.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must Indenture, other than the Officers' Certificate required by Section 4.06, shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements -118- or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is reasonably necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials with respect to matters of fact.
Appears in 1 contract
Sources: Indenture (T Sf Communications Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely relay on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 1 contract
Sources: Indenture (Mueller Industries Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must shall include:
(1) a statement that each person signing the Person making such certificate or opinion has read the such covenant or condition and the related definitionscondition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in the such certificate or opinion is are based;
(3) a statement that, in the opinion of each such personPerson, that person he has made such examination or investigation as is necessary to enable the person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement as to whether or notwhether, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, provided however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials with respect to matters of factofficials.
Appears in 1 contract