Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include: (1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based; (3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and (4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 53 contracts
Sources: Indenture (Best Buy Co Inc), Indenture (Best Buy Co Inc), Indenture (Laboratory Corp of America Holdings)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 19 contracts
Sources: Indenture (Gtech Holdings Corp), Indenture (PRG Schultz International Inc), Indenture (Pharmaceutical Resources Inc)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to TIA § 314(a)(4)) which shall comply with the provisions of TIA § 314(e) and shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 15 contracts
Sources: Indenture (NortonLifeLock Inc.), Investment Agreement, Investment Agreement (NortonLifeLock Inc.)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1) a statement that each the person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or of Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he such person has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, as to whether or not in the opinion of such person, such condition or covenant or condition has been complied with; PROVIDED, HOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers' Certificate.
Appears in 13 contracts
Sources: Indenture (Circus Circus Enterprises Inc), Indenture (Circus Circus Enterprises Inc), Indenture (Circus Finance Ii)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person individual making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such personindividual, he or she has made such examination or investigation as is necessary to enable such 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 that, in the opinion of such personindividual, such covenant or condition has been complied with.
Appears in 13 contracts
Sources: Indenture (Network Associates Inc), Indenture (Atmel Corp), Indenture (Wellpoint Health Networks Inc /De/)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 11 contracts
Sources: Indenture (Walt Disney Co/), Indenture (Dc Holdco Inc), Indenture (Dc Holdco Inc)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1i) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3iii) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 10 contracts
Sources: Indenture (Fortuna Silver Mines Inc), Indenture (SSR Mining Inc.), Indenture (First Majestic Silver Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall includeinclude to the extent required by the Trustee:
(1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 8 contracts
Sources: Indenture (Apex Silver Mines LTD), Indenture (Alaska Air Group Inc), Indenture (Mesa Air Group Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than certificates provided pursuant to Section 4.03) shall include:
(1) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 7 contracts
Sources: Indenture (Circus Finance Ii), Indenture (Tci Communications Financing Iv), Indenture (Xl Capital LTD)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1i) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3iii) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 7 contracts
Sources: Indenture (Accuray Inc), Indenture (Accuray Inc), Indenture (Accuray Inc)
Statements Required in Certificate or Opinion. Each Officers' Officer's Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1i) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3iii) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 6 contracts
Sources: Indenture (Equinox Gold Corp.), Indenture (Yingli Green Energy Holding Co LTD), Indenture (LDK Solar Co., Ltd.)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person Person making such Officers' ’ Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' ’ Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with.
Appears in 6 contracts
Sources: Indenture (American Realty Capital Properties, Inc.), Indenture (Saks Inc), Indenture (Titan International Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall includeinclude to the extent required by the Trustee:
(1a) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 6 contracts
Sources: Indenture (Selective Insurance Group Inc), Indenture (Horace Mann Educators Corp /De/), Indenture (American Financial Group Inc)
Statements Required in Certificate or Opinion. Each ------------------------------------------------------------ Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 5 contracts
Sources: Indenture (Marriott International Inc /Md/), Indenture (Danaher Corp /De/), Indenture (Lowes Companies Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than certificates provided pursuant to Section 4.03) shall include:
: (1) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
; (3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such 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 thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 5 contracts
Sources: Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture Indenture, other than the Officers' Certificate required by Section 4.6 shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied with.
Appears in 5 contracts
Sources: Indenture (Hawk Motors Inc), Indenture (Hutchinson Products Corp), Indenture (Hawk Brake Inc)
Statements Required in Certificate or Opinion. Each --------------------------------------------- Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 5 contracts
Sources: Indenture (Reebok International LTD), Indenture (Resmed Inc), Indenture (Tyco International LTD /Ber/)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 4 contracts
Sources: Trust Indenture and Security Agreement (Korth Direct Mortgage Inc.), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC)
Statements Required in Certificate or Opinion. Each Officers' Certificate Every certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making individual signing such Officers' Certificate certificate or Opinion of Counsel individual or firm signing such opinion has read and understands such covenant or conditioncondition and the definitions herein relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personindividual or such firm, he or it has made such examination or investigation as is necessary to enable such person him or it to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether, in the opinion of each such personindividual or such firm, such condition or covenant or condition has been complied with.
Appears in 4 contracts
Sources: Indenture (Marconi Corp PLC), Indenture (Marconi Corp PLC), Indenture (Marconi Corp PLC)
Statements Required in Certificate or Opinion. Each Officersofficers' Certificate certificate or Opinion opinion of Counsel counsel with respect to compliance with a covenant or condition provided for in this Indenture Note Agreement shall include:
(1a) a statement that each person individual making such Officersofficers' Certificate certificate or Opinion opinion of Counsel counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officersofficers' Certificate certificate or Opinion opinion of Counsel counsel are based;
(3c) a statement that, in the opinion of each such personindividual, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such personindividual, such covenant or condition has been complied with.
Appears in 4 contracts
Sources: Note Issuance and Security Agreement (Medical Capital Management Inc), Note Issuance and Security Agreement (Medical Capital Management Inc), Indenture of Trust (Medical Capital Management Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1i) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3iii) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 4 contracts
Sources: Indenture (SFBC International Inc), Indenture (Terremark Worldwide Inc), Indenture (Medis Technologies LTD)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person making such Officers' ’ Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' ’ Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 4 contracts
Sources: Indenture (Semble, Inc.), Indenture (Macerich Co), Indenture (Harrahs Entertainment Inc)
Statements Required in Certificate or Opinion. Each Officers' Officer's Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Officer's Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer's Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 3 contracts
Sources: Indenture (Labone Inc/), Indenture (Omi Corp/M I), Indenture (CBIZ, Inc.)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a covenant or condition (except for such Officer’s Certificate required to be delivered pursuant to Section 4.03) provided for in this Indenture shall include:
(1a) a statement that each person Person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions judgments contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion judgment of each such personPerson, he has made such examination or investigation as is necessary to enable such person Person to express an informed opinion judgment as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion judgment of such personPerson, such covenant or condition has been complied with.
Appears in 3 contracts
Sources: Indenture (Rh), Indenture (Rh), Indenture (Restoration Hardware Holdings Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making the principal signer of such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such personthe principal signer, he or she has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 3 contracts
Sources: Indenture (Multiverse Acquisition Corp), Indenture (Talk Radio Network Inc), Indenture (Costco Companies Inc)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1) a statement that each the person making such Officers' ’ Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' ’ Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such 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 thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 3 contracts
Sources: Indenture (Cabot Corp), Indenture (Cabot Corp), Indenture (Cabot Corp)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1i) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3iii) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 3 contracts
Sources: Indenture (Protein Design Labs Inc/De), Indenture (Five Star Quality Care Inc), Indenture (Terremark Worldwide Inc)
Statements Required in Certificate or Opinion. Each --------------------------------------------- Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 3 contracts
Sources: Indenture (Merrill Lynch & Co Inc), Indenture (Merrill Lynch & Co Inc), Indenture (Merrill Lynch Preferred Funding Vi L P)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture other than certificates provided pursuant to Section 4.07 shall include:
: (1) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
; (3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such 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 thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.. 57
Appears in 3 contracts
Sources: Indenture (Tci Communications Inc), Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1) a statement that each person the persons making such Officers' Certificate or Opinion of Counsel has have read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of such personpersons, such condition or covenant or condition has been complied with.
Appears in 3 contracts
Sources: Indenture (Delta Natural Gas Co Inc), Indenture (Delta Natural Gas Co Inc), Indenture (Valley Resources Inc /Ri/)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
: (1i) a statement that each person Person making such Officers' ’ Certificate or Opinion of Counsel has read such covenant or condition;
; (2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' ’ Certificate or Opinion of Counsel are based;
; (3iii) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
and (4iv) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with.
Appears in 3 contracts
Sources: Indenture (Bonanza Creek Energy, Inc.), Indenture (Bonanza Creek Energy Operating Company, LLC), Indenture (Bill Barrett Corp)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall includeinclude to the extent required by the Trustee:
(1) a statement that each person making such Officers' ’ Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' ’ Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 3 contracts
Sources: Indenture (Apex Silver Mines LTD), Indenture (CBRL Group Inc), Indenture (CBRL Group Inc)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' ’ Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' ’ Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 3 contracts
Sources: Indenture (Freeport McMoran Copper & Gold Inc), Indenture (McMoran Exploration Co /De/), Indenture (McMoran Exploration Co /De/)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Supplemental Indenture shall include:
: (1i) a statement that each person Person making such Officers' ’ Certificate or Opinion of Counsel has read such covenant or condition;
; (2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' ’ Certificate or Opinion of Counsel are based;
; (3iii) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
and (4iv) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with.
Appears in 3 contracts
Sources: Fourth Supplemental Indenture (Bill Barrett Corp), Third Supplemental Indenture (Bill Barrett Corp), First Supplemental Indenture (Bill Barrett Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture other than certificates provided pursuant to Section 3.9 shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture other than certificates provided pursuant to Section 4.03 shall include:
(1) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Sources: Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include, without limitation:
(1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 2 contracts
Sources: Indenture (Vishay Intertechnology Inc), Indenture (Novellus Systems Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture other than certificates provided pursuant to Section 3.3 shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Sources: Indenture (Trustmark Capital Trust I), Indenture (Trustmark Capital Trust I)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1) a statement that each the person making such Officers' Officer's Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer's Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Sources: Indenture (Southwest Water Co), Indenture (Southwest Water Co)
Statements Required in Certificate or Opinion. Each Except as otherwise herein provided, each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person Person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with.
Appears in 2 contracts
Sources: Indenture (Integrated Electrical Services Inc), Purchase Agreement (Integrated Electrical Services Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1i) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3iii) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 2 contracts
Sources: Indenture (Manpower Inc /Wi/), Indenture (Osi Pharmaceuticals Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person Person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with.
Appears in 2 contracts
Sources: Indenture (Artesyn Technologies Inc), Indenture (Memberworks Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate (other than certificates provided pursuant to Section 4.04 of this Indenture) or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1i) a statement that each person making individual signing such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3iii) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement thatas to whether or not, in the opinion of each such person, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers' Certificate or certificate of public officials.
Appears in 2 contracts
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than certificates provided pursuant to Section 4.03) shall include:
: (1) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;; 43
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
; (3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such 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 thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Sources: Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a covenant or condition (except for such Officers’ Certificate required to be delivered pursuant to Section 4.04) provided for in this Indenture shall include:
(1a) a statement that each person individual making such Officers' ’ Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions judgments contained in such Officers' ’ Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable such person individual to express an informed opinion judgment as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such personindividual, such covenant or condition has been complied with.
Appears in 2 contracts
Sources: Indenture (Carriage Services Inc), Indenture (Carriage Services Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person Person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with.
Appears in 2 contracts
Sources: Indenture (Amerus Group Co/Ia), Indenture (Netease Com Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture Indenture, other than the Officers’ Certificate required by Section 4.06 or delivered pursuant to Section 2.02, shall includeinclude substantially:
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is reasonably necessary to enable such 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 thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Sources: Indenture (Natura &Co Holding S.A.), Indenture (Natura &Co Holding S.A.)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture Indenture, other than the Officers' Certificate required by Section 4.06, shall include:
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or conditioncondition and the definitions relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Sources: Indenture (Therma Wave Inc), Indenture (Therma Wave Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture other than certificates provided pursuant to Section 3.5 shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 2 contracts
Sources: Indenture (Calpine Capital Trust Iv), Indenture (Calpine Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person individual making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such personindividual, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such personindividual, such covenant or condition has been complied with.
Appears in 2 contracts
Sources: Indenture (Austin Funding Com Corp), Indenture (Austin Funding Com Corp)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall includeinclude to the extent required by the Trustee:
(1a) a statement that each person making such Officers' ’ Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' ’ Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) include to the extent required by the Trustee: a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) ; a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) ; a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) and a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Mesa Air Group Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than pursuant to Section 5.03) shall include:
(1a) a statement that each person making the Person signing such Officers' Certificate certificate or Opinion of Counsel rendering such opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he such Person has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Microstrategy Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person Person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' --------------------------------------------- Officer's Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making the signer of such Officers' Officer's Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer's Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such personthe signer, he or she has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Hewlett Packard Co)
Statements Required in Certificate or Opinion. (a) Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1i) a statement that each person making such Officers' Certificate or Opinion of Counsel has has, on behalf of the Company, read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3iii) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Invacare Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture (other than a certificate provided pursuant to Section 4.4 and TIA Section 314(a)(4)) shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with; PROVIDED, HOWEVER, that with respect to matters of fact an Opinion of Counsel may rely on an Officers' Certificate or certificate of public officials.
Appears in 1 contract
Sources: Indenture (Capstar Hotel Co)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) include to the extent required by the Trustee: a statement that each person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2) ; a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3) ; a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) and a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Expressjet Holdings Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate ----------------------------------------------- certificate or Opinion of Counsel opinion with respect to compliance with a covenant or condition provided for in this Indenture (other than pursuant to Section 4.19 or Article XI hereof) shall include:
: (1a) a statement that each person the individual making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
, (2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
, (3c) a statement that, in the opinion of each such personindividual, he such person has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
, and (4d) a statement thatas to whether or not, in the opinion of such personindividual, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Azteca Holdings Sa De Cv)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a condition precedent or covenant or condition provided for in this Indenture shall include:or the other Note Documents must include substantially: AMERICAS #131484985v4
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;based;
(3) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; satisfied; and
(4) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied withsatisfied.
Appears in 1 contract
Sources: Indenture (Talen Energy Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture other than certificates provided pursuant to Section 3.09 shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person Person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Trust Indenture and Security Agreement (Korth Direct Mortgage Inc.)
Statements Required in Certificate or Opinion. Each --------------------------------------------- Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making the principal signer of such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such personthe principal signer, he or she has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Times Mirror Co /New/)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture Agreement shall include:
(1) a statement that each the person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such 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 thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 1 contract
Sources: Fiscal Agency Agreement (White Mountains Insurance Group LTD)
Statements Required in Certificate or Opinion. Each Officers' Unless the Trustee agrees, in its sole discretion, to accept a different form or format, each Officer’s Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1i) a statement that each person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3iii) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Mgic Investment Corp)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel delivered pursuant to Section 12.04 with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person Person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Parker Drilling Co /De/)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate (other than Officer’s Certificates delivered pursuant to Section 4.01) or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1i) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3iii) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (B2gold Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination examina- tion or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Aimco Properties Lp)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Certificate or Opinion of Counsel has has, read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Neuberger Berman Inc)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel delivered pursuant to Section 11.04 with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Charming Shoppes Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
: (1) a statement that each the person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or of Opinion of Counsel are based;
; (3) a statement that, in the opinion of each such person, he such person has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
and (4) a statement that, as to whether or not in the opinion of such person, such condition or covenant or condition has been complied with; provided, however, that with respect to matters of fact an Opinion of Counsel may rely on an Officers' Certificate.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Officer's Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall includeinclude to the extent required by the Trustee:
(1) a statement that each person making such Officers' Officer's Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer's Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Avatar Holdings Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Trust Indenture (other than a certificate provided pursuant to Section 7.08(d) hereof) shall include:
: (1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
; (2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
; (3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such 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 legal counsel, may be limited to reliance on an Authorized Officer's certificate as to matters of fact); and
and (4d) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Certificate (other than certificates provided pursuant to TIA Section 314(a)(4)) or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1) a statement that each the person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such 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 thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Energy West Inc)
Statements Required in Certificate or Opinion. Each Officers' Officer's Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall includeinclude to the extent required by the Trustee:
(1) a statement that each the person making such Officers' Officer's Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer's Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1a) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (LDK Solar Co., Ltd.)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Mail Well Inc)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture other than certificates provided pursuant to Section 3.09 shall include:
(1a) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such personPerson, such covenant or condition has been complied with.such
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Certificate or Certificate, Opinion of Counsel or Independent Certificate with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Certificate or Certificate, Opinion of Counsel or Independent Certificate has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Certificate, Opinion of Counsel Counsel, Independent Certificate are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Gillette Co)
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture Indenture, other than the Officer's Certificate required by Section 4.06, shall include:
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or conditioncondition and the definitions relating thereto;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a covenant or condition (except for such Officer’s Certificate required to be delivered pursuant to Section 5.03) provided for in this Indenture shall include:
(1a) a statement that each person individual making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions judgments contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable such person individual to express an informed opinion judgment as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such personindividual, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Nextera Energy Inc)
Statements Required in Certificate or Opinion. Each Officers' Officer's Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture Agreement shall includeinclude to the extent required by the Trustee:
(1) a statement that each such person making such Officers' Officer's Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer's Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Guarantee and Exchange Agreement (America West Holdings Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1i) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3iii) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1i) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3iii) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Terremark Worldwide Inc)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1i) a statement that each person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3iii) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (School Specialty Inc)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall includeinclude to the extent required by the Trustee:
(1) a statement that each person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Expressjet Holdings Inc)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate (except for certificates provided pursuant to Section 4.02) or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1a) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such person, he the person has made such examination or investigation as is necessary to enable such the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Lockheed Martin Corp)
Statements Required in Certificate or Opinion. Each Officers' ’ Certificate or Opinion of Counsel with respect to compliance with a covenant or condition (except for such Officers’ Certificate required to be delivered pursuant to Section 4.03 hereof) provided for in this Indenture shall will include:
(1a) a statement that each person Person making such Officers' ’ Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' ’ Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall includeinclude to the extent required by the Trustee:
(1) a statement that each person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person Person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable such person Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with. In rendering any such Opinion of Counsel, the Person furnishing the same shall be entitled to rely as to factual matters on statements made in any Officers' Certificate furnished hereunder.
Appears in 1 contract
Sources: Indenture (Triarc Companies Inc)
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a condition precedent or covenant or condition provided for in this Indenture shall include:
or the other Note Documents must include substantially: (1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
; (3) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable such 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 thatas to whether or not, in the opinion of such personPerson, such condition or covenant or condition has been complied withsatisfied.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each --------------------------------------------- Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition condi tion has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Certificate certificate or Opinion of Counsel opinion with respect to compliance with a condition or covenant or condition provided for in this Indenture Inden- -118- ture, other than the Officers' Certificate required by Section 4.07, shall include:
(1) a statement that each person the Person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether or not, in the opinion of each such personPerson, such condition or covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is reasonably necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Pg&e Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture (other than certificates provided pursuant to Section 4.03 hereof) shall include:
(1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Bergen Brunswig Corp)
Statements Required in Certificate or Opinion. Each Officers' ----------------------------------------------------------- Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement that, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Mirant Corp)
Statements Required in Certificate or Opinion. Each Officers' Certificate EachOfficer’sCertificateorOpinionofCounselwithrespecttocompliancewitha condition or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture shall include:
(1i) a statement that each the person making such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or condition;
(2ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3iii) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable such person him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4iv) a statement thatas to whether or not, in the opinion of such person, such condition or covenant or condition has been complied with.. 93 Doc#: US1:11364518v24
Appears in 1 contract
Sources: Indenture
Statements Required in Certificate or Opinion. Each Officers' Officer’s Certificate or Opinion of Counsel with respect to compliance with a covenant or condition (except for such Officer’s Certificate required to be delivered pursuant to Section 5.03) provided for in this Indenture shall include:
(1a) a statement that each person Person making such Officers' Officer’s Certificate or Opinion of Counsel has read such covenant or condition;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Officer’s Certificate or Opinion of Counsel are based;
(3c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable such person Person to express an informed opinion judgment as to whether or not such covenant or condition has been complied with; and
(4d) a statement that, in the opinion of such personPerson, such covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Every Officer’s Certificate or Opinion of Counsel with respect to compliance with a condition or covenant or condition provided for in this Indenture shall include:
(1a) a statement that each person making individual signing such Officers' Certificate certificate or Opinion of Counsel opinion has read such covenant or conditioncondition and the definitions herein relating thereto;
(2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate certificate or Opinion of Counsel opinion are based;
(3c) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable such person him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4d) a statement thatas to whether, in the opinion of each such personindividual, such condition or covenant or condition has been complied with.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each Officers' Certificate or Opinion of Counsel with respect to compliance with a covenant or condition provided for in this Indenture (excluding certificates provided by officers as to defaults) shall include:
(1) a statement that each person making such Officers' Certificate or Opinion of Counsel has read such covenant or condition;
(2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Officers' Certificate or Opinion of Counsel are based;
(3) a statement that, in the opinion of each such person, that he or she has made such examination or investigation as is necessary to enable such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(4) a statement thatas to whether, in the opinion of such person, such covenant or condition has been complied with.
Appears in 1 contract
Sources: Indenture (Veeco Instruments Inc)